[Federal Register Volume 83, Number 209 (Monday, October 29, 2018)]
[Notices]
[Pages 54362-54363]
[FR Doc No: 2018-23524]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-1051]

Modified Risk Tobacco Product Applications for Snus Products
Submitted by Swedish Match North America Inc.; Reopening of the Comment
Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; reopening of the comment period.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) is
reopening the period for public comment on modified risk tobacco
product applications (MRTPAs) for specific General Snus products
submitted by Swedish Match North America Inc. and announcing the
availability for public comment of a recently received amendment to the
MRTPAs. The original notice of availability for the applications
appeared in the Federal Register of August 27, 2014. In that notice,
FDA requested comments on the originally filed MRTPAs that are posted
on https://www.regulations.gov and FDA's website. In the Federal
Register of July 31, 2015, FDA issued a notice to reopen and extended
the comment period for comments on amendments to the MRTPAs. That
comment period closed on August 31, 2015. FDA is now reopening the
comment period to seek comment specifically on a recent amendment to
the MRTPAs.

DATES: Electronic or written comments on the application may be
submitted beginning October 29, 2018. FDA will establish a closing date
for the comment period as described in section I.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2014-N-1051 for ``Modified Risk Tobacco Product Applications for
Snus Products Submitted by Swedish Match North America Inc.'' Received
comments will be placed in the docket and, except for those submitted
as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff 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 https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read the electronic and
written/paper comments received, go to https://www.regulations.gov and
insert the docket number, found in brackets in the heading of this
document, into the ``Search'' box and follow the prompts and/or go to
the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville,
MD 20852.

FOR FURTHER INFORMATION CONTACT: Paul Hart, Center for Tobacco
Products, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
71, Rm. G335, Silver Spring, MD 20993-0002, 1-877-287-1373, email:
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of August 27, 2014 (79 FR 51183), FDA
published a notice of availability for MRTPAs submitted by Swedish
Match North America Inc. and gave the public 180 days to comment on the
applications. FDA subsequently published a notice in the Federal
Register of July 31, 2015 (80 FR 45661), to reopen and extend the
comment period to allow for comment on amendments to the applications.
The comment period closed on August 31, 2015. On December 14, 2016, FDA

issued a letter to Swedish Match North America Inc. that denied the
MRTPAs, in part, and outlined deficiencies in the remaining portions of
the MRTPAs that the applicant could address by submitting an amendment
to the applications. FDA recently received an amendment to Swedish
Match North America Inc.'s MRTPAs and is making the amendment available
(except for matters in the amendment that are trade secrets or
otherwise confidential commercial information) for public comment. FDA
is reopening the period for public comment so that the public has the
opportunity to review and comment on the amendment.
    FDA is required by section 911(e) of the Federal Food, Drug, and
Cosmetic Act (FD&C Act) (21 U.S.C. 387k(e)) to make an MRTPA available
to the public (except for matters in the application that are trade
secrets or otherwise confidential commercial information) and to
request comments by interested persons on the information contained in
the application and on the label, labeling, and advertising
accompanying the application. The determination of whether an order is
appropriate under section 911 of the FD&C Act is based on the
scientific information submitted by the applicant as well as the
scientific evidence and other information that is made available to the
Agency, including through public comments.
    FDA has posted the application amendment for public comment, which
has been redacted in accordance with applicable laws. FDA intends to
establish a closing date for the comment period that is at least 30
days after the final documents from the application are made available
for public comment and will announce the closing date at least 30 days
in advance. FDA will notify the public about the availability of
additional application documents, if any, and the closing date for the
comment period via the Agency's web page for the MRTPA (see section II)
and by other means of public communication, such as by email to
individuals who have signed up to receive email alerts. FDA does not
intend to issue additional notices in the Federal Register regarding
amendments or the comment period for these MRTPAs. To receive email
alerts, visit FDA's email subscription service management website
(http://go.fda.gov/subscriptionmanagement), provide an email address,
scroll down to the ``Tobacco'' heading, select ``Modified Risk Tobacco
Product Application Updates'', and click ``Submit''. To encourage
public participation consistent with section 911(e) of the FD&C Act,
FDA is making the redacted MRTPAs that are the subject of this notice
available electronically (see section II).

II. Electronic Access

    Persons with access to the internet may obtain the documents at
either https://www.fda.gov/TobaccoProducts/Labeling/MarketingandAdvertising/ucm533454.htm or https://www.regulations.gov.

    Dated: October 23, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-23524 Filed 10-26-18; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Proposed Rules]
[Pages 50710-50713]
[FR Doc No: 2011-20764]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0101]
RIN 1625-AA87

Security Zones; Cruise Ships, San Pedro Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend 33 CFR 165.1154, Security
Zones; Cruise Ships, San Pedro Bay, California, by providing a common
description of all security zones created by this section to encompass
only navigable waters within a 100-yard radius around any cruise ship
that is located within the San Pedro Bay port area landward of the sea
buoys bounding the Port of Los Angeles or Port of Long Beach or at
designated anchorages within 3 nautical miles of the Federal
breakwater. This notice of proposed rulemaking is necessary to provide
for the safety of the cruise ship, vessels, and users of the waterway.
Entry into these security zones would be prohibited unless specifically
authorized by the Captain of the Port (COTP) Los Angeles--Long Beach,
or his designated representative.

DATES: Comments and related material must be received by the Coast
Guard on or before September 15, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0101 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Ensign Stephen M. Sanders, Prevention, Coast Guard
Sector Los Angeles--Long Beach, Coast Guard; telephone<PHONE_NUMBER>, e-
mail<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-0101), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a

comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2011-0101'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-0101'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Basis and Purpose

    Based on experience with actual security zone enforcement
operations, the COTP Los Angeles--Long Beach has concluded that a
security zone encompassing all navigable waters, extending from the
surface to the sea floor, within a 100-yard radius around any cruise
ship in the following locations is necessary to provide for the safety
of the cruise ship, as well as other vessels and users of these
navigable waters: Within the San Pedro Bay port area inside the sea
buoys bounding the Port of Los Angeles or Port of Long Beach, or at a
designated anchorage within 3 nautical miles seaward of the Federal
breakwater.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a security zone regulation.
The security zones proposed by this NPRM would encompass only navigable
waters within a 100-yard radius around any cruise ship that is located
within the San Pedro Bay port area landward of the sea buoys bounding
the Port of Los Angeles or Port of Long Beach or at designated
anchorages within 3 nautical miles seaward of the Federal breakwater.
This notice of proposed rulemaking is necessary to provide for the
safety of the cruise ship, vessels, and users of the waterway. Entry
into these security zones would be prohibited unless specifically
authorized by the Captain of the Port (COTP) Los Angeles--Long Beach,
or his designated representative.
    Paragraph (b)(1) and (b)(2) of the existing 33 CFR 165.1154
includes reference to the shore area and cruise ships anchored at
designated anchorages either inside or outside at designated anchorages
within 3 nautical miles of the Federal breakwater. The COTP has
determined that security zones for moored cruise ships in Los Angeles--
Long Beach Harbors need not include any shore area, as passenger
terminals used for cruise ship operations are regulated under
regulations in 33 CFR part 105 issued under authority of the Maritime
Transportation Security Act of 2002 (Pub. L. 107-295). In addition to
clarifying the area covered by security zones created by Sec.  165.1154
(b), this proposed rule would simplify the regulation by not
distinguishing between anchored cruise ships, moored cruise ships, and
cruise ships underway. Also, we propose to revise paragraph (c) to make
it clear that persons and vessels may not enter these security zones
without first obtaining permission of the Captain of the Port.

Regulatory Analyses

    This proposed 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 full Regulatory Evaluation is
unnecessary. Most of the entities likely to be affected are pleasure
craft engaged in recreational activities and sightseeing. This rule
will impose no more burden than the current regulation. In addition,
due to National Security interests, the implementation of this security
zone regulation is necessary for the protection of the United States
and its people. The size of the zones is the minimum necessary to
provide adequate protection for cruise ships.

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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
or anchor in Los Angeles--Long Beach ports within a 100-yard radius of
cruise ships covered by this rule.
    This security zone regulation will not have a significant economic
impact on a substantial number of small entities because vessel traffic
can pass safely around the zones.

Assistance for Small Entities

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

Collection of Information

    This proposed rule would call 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 proposed 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 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 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.

    2. In Sec.  165.1154, revise paragraphs (b) and (c) to read as
follows:

Sec.  165.1154  Security Zones; Moored Cruise Ships, San Pedro Bay,
California.

* * * * *
    (b) Location. The following areas are security zones: All navigable
waters, extending from the surface to the sea floor, within a 100-yard
radius around any cruise ship that is located within the San Pedro Bay
area landward of the sea buoys bounding the port of Los Angeles or Port
of Long Beach or at designated anchorages within 3 nautical miles
seaward of the Federal Breakwaters.
    (c) Regulations. Under regulations in 33 CFR part 165, subpart D, a
person or vessel may not entry into or remain in the security zones
created by this section unless authorized by the Coast Guard Captain of
the Port Los Angeles--

Long Beach (COTP) or a COTP designated representative.
    (1) Persons desiring to transit these security zones may contact
the COTP at telephone number<PHONE_NUMBER> or on VHF-FM channel 16
(156.8 MHz) to seek permission to transit the area. If permission is
granted, all persons and vessels must comply with the instructions of
the Captain of the Port or his or her designated representative.
    (2) When a cruise ship approaches within 100 yards of a vessel that
is moored, or anchored, the stationary vessel must stay moored or
anchored while it remains within the cruise ship's security zone unless
it is either ordered by, or given permission from, the COTP Los
Angeles-Long Beach to do otherwise.
* * * * *

    Dated: March 8, 2011.
R.R. Laferriere,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles--Long Beach.
[FR Doc. 2011-20764 Filed 8-15-11; 8:45 am]
BILLING CODE 9110-04-P


From:        Bill Neuffer/RTP/USEPA/US
To:        "Gershman, Lorraine"<EMAIL_ADDRESS>Cc:        Chuck French/RTP/USEPA/US@EPA, <EMAIL_ADDRESS>Nathan Topham/RTP/USEPA/US@EPA, Nathan Frank/R5/USEPA/US@EPA
Date:        01/11/2012 04:15 PM
Subject:        Nitric acid NSPS - Information Needed

 Hi Lorraine,

        We appreciated talking with you and the other representatives from the American Chemistry Council today regarding the proposed nitric acid NSPS.  As we discussed, we welcome additional data that would help us better understand your written comments regarding the performance of the smaller single pressure units.  If you submit such data, please submit the data by Monday (1/16).   Moreover, in order for the data to be most useful for our analyses, please include the following information:

        1. Process information
                Design Production Rate of 100% nitric acid (in tons per day)
                Typical Production Rate (tons per day)
                Single Pressure -
                        Oxidation pressure (in pounds per square inch area [psia]) -
                        Absorption pressure (psia) -

        2. Extended absorption
                Length (ft) -
                Gal/1,000 ft3  -
                Additive?
                    If yes - name of additive -
                        Concentration (%) -
                        Addition Rate(gallons/hr) -

        2. NOx continuous emission data -  we would prefer to have this data for one year, for the most recent  year that such data exist.   To save your members time and also ours, 1 year of data is satisfactory.    These data should be in terms of lb of NOx/Ton of 100% nitric acid produced.   Preferably the data should be hourly, if possible.   NOx emissions (in lb/hr) should be determined by the procedure mentioned in Subpart G - Section 60.73.

        3. For  units controlled by SCR, please provide the following parameters:
                Design Catalyst life (years)
                Actual Catalyst life  (life of catalyst for the 1 yr test period) -
                Gas Flow rate (scfm) -
                Ammonia injection rate (lb/hr) -
                Catalyst volume (m3) -
                Year operation began -
                Location of SCR (before or after gas expander) -

        4. For  units controlled by NSCR, please provide the following parameters:
                reductant used ( methane, purge gas, etc)
                Rate of reductant used (ft3/hr; etc)
                Design Catalyst life (years)
                Actual Catalyst life  (life of catalyst for the 1 yr test period) -
                Gas Flow rate (scfm) -
                Catalyst volume (m3) -
                Year operation began -
                Location of NSCR (before or after gas expander) -

Thanks again,
Bill Neuffer
 Metals and Inorganic Chemicals Group
Sector Policies and Programs Division
Office of Air Quality Planning and Standards
US EPA
RTP, NC 27711
(919) 541-2284
FAX - (919) 541 - 3207


[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Notices]
[Pages 22263-22264]
[FR Doc No: 2015-09097]

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DEPARTMENT OF TRANSPORTATION

Office of the Assistant Secretary for Research and Technology;
Advisory Council on Transportation Statistics; Notice of Meeting

AGENCY: Bureau of Transportation Statistics, U.S. Department of
Transportation.

ACTION: Notice.

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

    This notice announces, pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (FACA) (Pub. L. 72-363; 5 U.S.C. app. 2), a
meeting of the Advisory Council on Transportation Statistics (ACTS).
The meeting will be held on Tuesday, May 19th from 8:30 a.m. to 4:00
p.m. E.S.T. at the U.S. Department of Transportation, Room E37-302,
1200 New Jersey Ave. SE.,

Washington, DC. Section 52011 of the Moving Ahead for Progress in the
21st Century Act (MAP-21) directs the U.S. Department of Transportation
to establish an Advisory Council on Transportation Statistics subject
to the Federal Advisory Committee Act (5 U.S.C., App. 2) to advise the
Bureau of Transportation Statistics (BTS) on the quality, reliability,
consistency, objectivity, and relevance of transportation statistics
and analyses collected, supported, or disseminated by the Bureau and
the Department. The following is a summary of the draft meeting agenda:
(1) USDOT Welcome and Introduction of Council Members; (2) Current BTS
Activities and Issues; (3) BTS Portions of the GROW AMERICA Act; (4)
BTS Research Activities; (5) Public Comments and Closing Remarks.
Participation is open to the public.
    Members of the public who wish to participate must notify Annette
Simpson at<EMAIL_ADDRESS>not later than May 1, 2015.
Members of the public may present oral statements at the meeting with
the approval of Patricia Hu, Director of the Bureau of Transportation
Statistics. Noncommittee members wishing to present oral statements or
obtain information should contact Annette Simpson via email no later
than May 1, 2015.
    Questions about the agenda or written comments may be emailed
<EMAIL_ADDRESS>or submitted by U.S. Mail to: U.S. Department
of Transportation, Office of the Assistant Secretary for Research and
Technology, Bureau of Transportation Statistics, Attention: Annette
Simpson, 1200 New Jersey Avenue SE., Room # E34-403, Washington, DC
20590, or faxed to<PHONE_NUMBER>. BTS requests that written comments
be received by May 1, 2015. Access to the DOT Headquarters building is
controlled therefore all persons who plan to attend the meeting must
notify Annette Simpson at<PHONE_NUMBER> prior to May 1, 2015.
Individuals attending the meeting must report to the main DOT entrance
on New Jersey Avenue SE. for admission to the building. Attendance is
open to the public, but limited space is available. Persons with a
disability requiring special services, such as an interpreter for the
hearing impaired, should contact Annette Simpson at<PHONE_NUMBER> at
least seven calendar days prior to the meeting.
    Notice of this meeting is provided in accordance with the FACA and
the General Services Administration regulations (41 CFR part 102-3)
covering management of Federal advisory committees.

    Issued in Washington, DC, on the 15th day of April 2015.
Rolf Schmitt,
Deputy Director, Bureau of Transportation Statistics.
[FR Doc. 2015-09097 Filed 4-20-15; 8:45 am]
 BILLING CODE 4910-9X-P


[Federal Register: March 7, 2007 (Volume 72, Number 44)]
[Notices]
[Page 10199]
[DOCID:fr07mr07-82]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-309-000]

Northern Natural Gas Company; Notice of Limited Waiver of Tariff
Provisions

February 28, 2007.
    Take notice that on February 26, 2007, Northern Natural Gas Company
(Northern) tendered for filing a petition for a limited waiver of
Northern's FERC Gas Tariff I order to allow Northern to resolve a
prior-period imbalance with OXY USA Inc. (OXY) without tiering the
Monthly Index Price (MIP) applicable to OXY's imbalance as required by
the tiering provisions of Section 32 of the General Terms and
Conditions of Northern's tariff.
    Northern states that it is requesting the limited waiver because
OXY's imbalance was incurred as a result of measurement equipment
freeze-offs that were beyond the customer's control.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the date as indicated
below. Anyone filing an intervention or protest must serve a copy of
that document on the Applicant. Anyone filing an intervention or
protest on or before the intervention or protest date need not serve
motions to intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time March 7, 2007.

Magalie R. Salas,
Secretary.
[FR Doc. E7-3975 Filed 3-6-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Notices]
[Pages 61017-61018]
[FR Doc No: 2017-27711]

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

Coast Guard

[Docket No. USCG-2017-1000]

Merchant Mariner Medical Advisory Committee; Vacancy

AGENCY: U.S. Coast Guard, Department of Homeland Security.

ACTION: Request for applications.

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

SUMMARY: The U.S. Coast Guard seeks applicants for membership on the
Merchant Mariner Medical Advisory Committee. The Committee provides
advice and recommendations to the Secretary on matters related to
medical certification determinations for issuance of licenses,
certificates of registry, and merchant mariners' documents; medical
standards and guidelines for the physical qualifications of operators
of commercial vessels; medical examiner education; and medical
research.

DATES: Completed applications should be submitted to the U.S. Coast
Guard on or before February 26, 2018.

ADDRESSES: Applicants should send a cover letter expressing interest in
an appointment to the Merchant Mariner Medical Advisory Committee that
also identifies which membership category the applicant is applying
under, along with a resume detailing the applicant's experience via one
of the following methods:
     By Email: [email protected]; Subject Line: The
Merchant Mariner Medical Advisory Committee;
     By Fax:<PHONE_NUMBER> ATTN: Mr. Davis J. Breyer, Alternate
Designated Federal Officer; or
     By Mail: Mr. Davis J. Breyer, Alternate Designated Federal
Officer of the Merchant Mariner Medical Advisory Committee, 2703 Martin
Luther King Jr. Ave. SE, Stop 7509, Washington, DC 20593-7509.

FOR FURTHER INFORMATION CONTACT: Mr. Davis J. Breyer, Alternate
Designated Federal Officer of the Merchant Mariner Medical Advisory
Committee, 2703 Martin Luther King Jr. Ave. SE, Stop 7509, Washington,
DC 20593-7509, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER> or
[email protected].

SUPPLEMENTARY INFORMATION: The Merchant Mariner Medical Advisory
Committee is a federal advisory committee which operates under the
provisions of the Federal Advisory Committee Act (Title 5 U.S.C.
Appendix).
    The Committee meets not less than twice each year. Its
subcommittees and working groups may also meet intercessionally to
consider specific tasks as required.
    Each Merchant Mariner Medical Advisory Committee member serves a
term of office of up to five years. Members may serve a maximum of two
consecutive terms. All members serve without compensation from the
Federal Government; however, upon request, they may receive travel
reimbursement and per diem.
    We will consider applications for one professional mariner
membership position. To be eligible, you must have experience as a
merchant mariner and have significant knowledge and experience in the
duties of the various positions aboard ship and the nature of the
environment in which these duties are performed.
    If you are selected as a member you will be appointed and serve as
a Special Government Employee as defined in section 202(a) of Title 18,
U.S.C. Applicants for appointment as a Special Government Employee are
required to

complete a Confidential Financial Disclosure Report (OGE Form 450). The
U.S. Coast Guard may not release the reports or the information in them
to the public except under an order issued by a federal court or as
otherwise provided under the Privacy Act (5 U.S.C. 552a). Only the
Designated U.S. Coast Guard Ethics Official or his or her designee may
release a Confidential Financial Disclosure Report. Applicants can
obtain this form by going to the website of the Office of Government
Ethics (www.oge.gov) or by contacting the individual listed above in
FOR FURTHER INFORMATION CONTACT. Applications that are not accompanied
by a completed OGE Form 450 will not be considered.
    Registered lobbyists are not eligible to serve on federal advisory
committees in an individual capacity. See ``Revised Guidance on
Appointment of Lobbyists to Federal Advisory Committees, Boards and
Commissions'' (79 FR 47482, August 13, 2014). Registered lobbyists are
lobbyists as defined in Title 2 U.S.C. 1602 who are required by Title 2
U.S.C. 1603 to register with the Secretary of the Senate and the Clerk
of the House Representatives.
    The Department of Homeland Security does not discriminate in
selection of Committee members on the basis of race, color, religion,
sex, national origin, political affiliation, sexual orientation, gender
identity, marital status, disabilities and genetic information, age,
membership in an employee organization, or any other non-merit factor.
The Department of Homeland Security strives to achieve a widely diverse
candidate pool for all of its recruitment actions.
    If you are interested in applying to become a member of the
Committee, send your cover letter and resume to Mr. Davis J. Breyer,
Alternate Federal Officer of the Merchant Mariner Medical Advisory
Committee via one of the transmittal methods in the ADDRESSES section
by the deadline in the DATES section of this notice. All email
submittals will receive email receipt confirmation.

    Dated: December 14, 2017.
Jeffrey G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2017-27711 Filed 12-22-17; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 67 (Friday, April 6, 2012)]
[Rules and Regulations]
[Pages 20719-20721]
[FR Doc No: 2012-8311]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0037]
RIN 1625-AA00

Safety Zone; Matlacha Bridge Construction, Matlacha Pass,
Matlacha, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of Matlacha Pass in the vicinity of the Matlacha Bridge in
Matlacha, Florida. The safety zone will be enforced during construction
of the Matlacha Bridge from Monday, March 12, 2012 through Tuesday,
April 10, 2012. The safety zone is necessary to protect life and
property on navigable waters of the United States during the Matlacha
Bridge construction. Persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the safety zone
unless authorized by the Captain of the Port St. Petersburg or a
designated representative.

DATES: This rule is effective from 7 a.m. on March 12, 2012 through 7
p.m. on April 10, 2012. This rule will be enforced daily from 7 a.m.
until 7 p.m. on March 12, 2012 through April 10, 2012.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0037 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0037 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Marine Science Technician First
Class Nolan L. Ammons, Sector St. Petersburg Prevention Department,
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
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 the Coast Guard did not receive
notice of this stage of the Matlacha Bridge construction until February
6, 2012. As a result, the Coast Guard did not have sufficient time to
publish an NPRM and to receive public comments prior to construction
operations to install the new bascule leaf on the Matlacha Bridge. Any
delay in the effective date of this rule would be contrary to the
public interest because immediate action is needed to minimize
potential danger to the public during the bridge construction.
    For the same reason discussed above, 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.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 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, 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to protect life and property on
navigable waters of the United States during the Matlacha Bridge
construction.

Discussion of Rule

    From Monday, March 12, 2012 through Tuesday, April 10, 2012, Archer
Western Contractors, Ltd., Inc. will be installing a new bascule leaf
on the Matlacha Bridge in Matlacha, Florida. The bascule leaf
installation will require a barge to be placed between the fender
system at the Matlacha Bridge, thereby closing the Matlacha Pass
channel to marine traffic. The construction poses a danger to mariners
located in or transiting the area.
    The safety zone encompasses certain waters of Matlacha Pass in the
vicinity of the Matlacha Bridge in Matlacha, Florida. The safety zone
will be in effect during the installation of the bascule leaf, which is
scheduled to take place between March 12, 2012 and April 10, 2012. At
this time the Coast Guard does not know the exact hours of
construction. However, prior to each enforcement period, the Coast
Guard will provide notice by publication in the local notice to
mariners and via broadcast notice to mariners. On-scene notice will
also be provided by the Coast Guard or local law enforcement.
    Persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within the safety zone unless
authorized by the Captain of the Port St. Petersburg or a designated
representative. Persons and vessels desiring to enter, transit through,
anchor in, or remain within the safety zone may contact the Captain of
the Port St. Petersburg by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the safety zone is granted by the Captain of the Port St. Petersburg or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port St. Petersburg or a designated representative. The Coast Guard
will provide notice of the safety zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.

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

    Executive Orders 13563, Improving Regulation and Regulatory Review,
and 12866, Regulatory Planning and Review, direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a significant regulatory
action under section 3(f) of Executive Order 12866. Accordingly, the
Office of Management and Budget has not reviewed this regulation under
Executive Order 12866.
    The economic impact of this rule is not significant for the
following reasons: (1) The safety zone will only be enforced for 12
hours per day for a total of 29 days; (2) vessel traffic in the area is
expected to be minimal during the enforcement periods; (3) the barge
placed in the main channel will be able to move with 12 hours advance
notice; (4) although persons and vessels will not be able to enter,
transit through, anchor in, or remain within the safety zone without
authorization from the Captain of the Port St. Petersburg or a
designated representative, they may operate in the surrounding area
during the enforcement periods; (5) persons and vessels may still
enter, transit through, anchor in, or remain within the safety zone
during the enforcement periods if authorized by the Captain of the Port
St. Petersburg or a designated representative; and (6) the Coast Guard
will provide advance notification of the safety zone to the local
maritime community by Local Notice to Mariners and Broadcast Notice to
Mariners.

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 may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of
Matlacha Pass encompassed within the safety zone between 7 a.m. and 7
p.m. from March 12, 2012 through April 10, 2012. For the reasons
discussed in the Regulatory Planning and Review section above, this
rule will not have a significant economic impact on a substantial
number of small entities.

Assistance for Small Entities

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

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an 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 that 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 establishing a temporary safety
zone that will be enforced 12 hours per day for a total of 29 days. 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.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 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, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.

0
2. Add a temporary Sec.  165.T07-0037 to read as follows:

Sec.  165.T07-0037  Safety Zone; Matlacha Bridge Construction, Matlacha
Pass, Matlacha, FL.

    (a) Regulated Area. The following regulated area is a safety zone.
All waters of Matlacha Pass within a 100 yard radius of position
26[deg]37'57.6'' N, 82[deg]04'04.8'' W. All coordinates are North
American Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port St. Petersburg in the enforcement of the regulated
area.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port St.
Petersburg or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port St. Petersburg by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port St. Petersburg
or a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port St. Petersburg or a designated representative.
    (3) The regulated area will only be enforced during the
installation of the new bascule leaf requiring the placement of a barge
within the main channel.
    (4) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Effective Date and Enforcement Periods. This rule is effective
from 7 a.m. on March 12, 2012 through 7 p.m. on April 10, 2012. This
rule will be enforced daily from 7 a.m. until 7 p.m. on March 12, 2012
through April 10, 2012, during installation of the bascule leaf on the
Matlacha Bridge.

    Dated: March 9, 2012.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2012-8311 Filed 4-5-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Notices]
[Page 36315]
[FR Doc No: 2023-11738]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL OP-OFA-072]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EIS)
Filed May 22, 2023 10 a.m. EST Through May 26, 2023 10 a.m. EST
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxapps.epa.gov/cdx-enepa-II/public/action/eis/search.

EIS No. 20230071, Final, FAA, AR, Adoption--Beddown of a Foreign
Military Sales Pilot Training Center at Ebbing Air National Guard Base,
Arkansas or Selfridge Air National Guard Base, Michigan, Contact: Dean
McMath,<PHONE_NUMBER>.

    The Federal Aviation Administration (FAA) has adopted the United
States Air Force's Final EIS No.20230013, filed 01/25/2023 with the
Environmental Protection Agency. The FAA was a cooperating agency on
this project. Therefore, republication of the document is not necessary
under section 1506.3(b)(2) of the CEQ regulations.

EIS No. 20230072, Final, NASA, UT, Final Mars Sample Return (MSR)
Campaign Programmatic Environmental Impact Statement, Review Period
Ends: 07/03/2023, Contact: Steve Slaten,<PHONE_NUMBER>.

    Dated: May 26, 2023.
Nancy Abrams,
Associate Director, Office of Federal Activities.
[FR Doc. 2023-11738 Filed 6-1-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 88 (Tuesday, May 7, 2019)]
[Proposed Rules]
[Pages 19885-19888]
[FR Doc No: 2019-09265]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0258; Product Identifier 2018-NM-134-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede Airworthiness Directive (AD) 96-25-04,
which applies to certain Airbus SAS Model A320 series airplanes. AD 96-
25-04 requires repetitive inspections to detect chafing of the wire
looms (bundles) in the wing and the horizontal stabilizer and in
certain areas of the main landing gear (MLG) bays; repair or
replacement, protection, and realignment, if necessary; installation of
protective sleeves around the wire bundles; and realignment of bundles
that are not guided centrally into the conduit end fittings. Since we
issued AD 96-25-04, investigations identified issues with the
previously installed protective sleeves. This proposed AD would
partially retain the requirements of AD 96-25-04 and would require
modification of the wing electrical installation, as specified in an
European Aviation Safety Agency (EASA) AD, which will be incorporated
by reference. We are proposing this AD to address the unsafe condition
on these products.

DATES: We must receive comments on this proposed AD by June 21, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, 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.
    For the incorporation by reference (IBR) material described in the
``Related IBR material under 1 CFR part 51'' section in SUPPLEMENTARY
INFORMATION, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 89990 1000; email<EMAIL_ADDRESS>
internet www.easa.europa.eu. You may find this IBR material on the EASA
website at https://ad.easa.europa.eu. You may view this IBR material at
the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available in the AD docket on

the internet at http://www.regulations.gov.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0258; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (telephone 800-
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0258;
Product Identifier 2018-NM-134-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM based on
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this NPRM.

Discussion

    We issued AD 96-25-04, Amendment 39-9846 (61 FR 66881, December 19,
1996) (``AD 96-25-04''), for certain Airbus SAS Model A320 series
airplanes. AD 96-25-04 requires inspections of the wire looms (bundles)
in the wing and the horizontal stabilizer and in certain areas of the
MLG bays; repair or replacement, protection, and realignment, if
necessary; installation of protective sleeves around the wire bundles;
and realignment of bundles that are not guided centrally into the
conduit end fittings. AD 96-25-04 resulted from a report that
electrical short-circuiting could occur in the wire bundles in the MLG
bays. We issued AD 96-25-04 to address electrical short-circuiting due
to chafing of the wire bundles in the wing, horizontal stabilizer, or
MLG bay.

Actions Since AD 96-25-04 Was Issued

    Since we issued AD 96-25-04, investigations identified issues with
the previously installed protective sleeves. We have determined that a
modification of the wing electrical installation, which includes a new
protective sleeve, is necessary to address the identified unsafe
condition.
    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2018-0200, dated September 6, 2018
(``EASA AD 2018-0200'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A320-211, -212, and -231
airplanes. The MCAI states:

    Several cases of wire chafing were reported by operators,
occurring in the trailing edge areas of zones 574 and 674 (both
left-hand and right-hand wing) at the breakout of the electrical
bundle from the conduit.
    This condition, if not detected and corrected, could lead to a
short circuit, possibly resulting in a fire in the concerned areas.
It was also determined that this failure mode can also affect other
wires installed on the wing, horizontal stabilizer and in the main
landing gear (MLG) bays.
    To address this unsafe condition, Airbus issued SB [service
bulletin] A320-24-1044 to provide instructions for inspection of the
wires to detect chafing or signs of overheating, and SB A320-24-1045
introducing protective sleeves on electrical cables to prevent
chafing.
    Consequently, DGAC [Direction G[eacute]n[eacute]rale de
l'Aviation Civile] France issued AD 91-182-020(B) (later revised)
[which corresponds to FAA AD 96-25-04] to require those repetitive
inspections, or applicable repairs depending on findings, and to
install protective sleeves as terminating action for the repetitive
inspections.
    Since [DGAC France] AD 91-182-020(B) R2 was issued, subsequent
investigations identified, in those areas (zones 574 and 674),
issues with the protective sleeves previously installed in
production, through mod 22109, or in service through SB A320-24-
1045.
    Prompted by these findings, Airbus issued SB A320-92-1115, later
revised, providing instructions for installation of a new protective
sleeve on those cables localised in zones 574 and 674, and
introduced in production (through mod 22626) new design electrical
cables more resistant to chafing.
    For the reasons described above, this [EASA] AD partially
retains the requirements of DGAC France AD 91-182-020(B) R2, which
is superseded, and requires modification of the wing electrical
installation [installation of new protective sleeves on the
electrical cables, which includes an inspection of the cables and
repair or replacement of damaged wires].

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the
requirements of AD 96-25-04, this proposed AD would retain certain
requirements of AD 96-25-04. Those requirements are referenced in EASA
AD 2018-0200, which, in turn, is referenced in paragraph (g) of this
proposed AD.

Explanation of Change To Terminating Action Included in AD 96-25-04

    Note 2 of AD 96-25-04 indicated that accomplishment of the actions
specified in Airbus Service Bulletin A320-24-1045, Revision 2, dated
April 12, 1992, terminates the repetitive inspections specified in
paragraphs (c) and (d) of AD 96-25-04 (which correspond to paragraphs
(1) and (2) of EASA AD 2018-0200). However, this terminating action is
not included in EASA AD 2018-0200, which would be incorporated by
reference in the FAA AD.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2018-0200 describes procedures for repetitive inspections
to detect chafing, signs of overheating, and misalignment of the wire
looms (bundles) in the wing and the horizontal stabilizer and in
certain areas of the MLG bays; repair or replacement, protection, and
realignment, if necessary; realignment of bundles that are not guided
centrally into the conduit end fittings; and modification of the wing
electrical installation. This material is reasonably available because
the interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section, and it is
publicly available through the EASA website.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI referenced
above. We are proposing this AD because we evaluated all pertinent
information and determined an unsafe condition exists and is likely to
exist or develop on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2018-0200 described previously, as incorporated by
reference, except for any differences

identified as exceptions in the regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA worked with Airbus and EASA to develop a process to
use certain EASA ADs as the primary source of information for
compliance with requirements for corresponding FAA ADs. As a result,
EASA AD 2018-0200 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with the
provisions specified in EASA AD 2018-0200, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Service information specified in EASA AD 2018-0200 that is required for
compliance with EASA AD 2018-0200 will be available on the internet
http://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0258 after the FAA final rule is published.

Costs of Compliance

    We estimate that this proposed AD affects 27 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 96-25-04..  62 work-hours x $85 per                  $0          $5,270        $142,290
                                      hour = $5,270.
New proposed actions...............  25 work-hours x $85 per                * $0           2,125         57, 375
                                      hour = $2,125.
----------------------------------------------------------------------------------------------------------------
* We have received no definitive data on the parts costs.

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
96-25-04, Amendment 39-9846 (61 FR 66881, December 19, 1996), and
adding the following new AD:

Airbus SAS: Docket No. FAA-2019-0258; Product Identifier 2018-NM-
134-AD.

(a) Comments Due Date

    We must receive comments by June 21, 2019.

(b) Affected ADs

    This AD replaces AD 96-25-04, Amendment 39-9846 (61 FR 66881,
December 19, 1996) (``AD 96-25-04'').

(c) Applicability

    This AD applies to Airbus SAS Model A320-211, -212, and -231
airplanes, certificated in any category, as identified in European
Aviation Safety Agency (EASA) AD 2018-0200, dated September 6, 2018
(``EASA AD 2018-0200'').

(d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical
power.

(e) Reason

    This AD was prompted by a report that electrical short-
circuiting could occur in the wire bundles in the wing, horizontal
stabilizer or main landing gear (MLG) bays. This AD was also
prompted by a determination that there were issues with protective
sleeves previously installed as specified in AD 96-25-04. We are
issuing this AD to address electrical short circuiting due to
chafing of the wire bundles in the wing, horizontal stabilizer, or
MLG bay, which could result in a fire.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2018-0200.

(h) Exceptions to EASA AD 2018-0200

    (1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2018-0200 refers to its

effective date, this AD requires using the effective date of this
AD.
    (2) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2018-0200 refers to ``the effective date
of DGAC France AD 91-182-020 at original issue'' or refers to ``the
effective date of DGAC France AD 91-182-020 at Rev.2,'' this AD
requires using January 27, 1997 (the effective date of AD 96-25-04).
    (3) The ``Remarks'' section of EASA AD 2018-0200 does not apply
to this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (j)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2018-0200 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(j) Related Information

    (1) For information about EASA AD 2018-0200, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email<EMAIL_ADDRESS>Internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this EASA AD at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. EASA AD 2018-0200 may be found in the AD docket on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0258.
    (2) For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on April 25, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-09265 Filed 5-6-19; 8:45 am]
 BILLING CODE 4910-13-P


From:
"Cornelius, Jay"<EMAIL_ADDRESS>Sent:
Thu, 08 Sep 2022 08:18:29
To:
"Jones; DonnaLee"<EMAIL_ADDRESS>Subject:
RE: Coke Oven RTR, ICR Enclosure 2 (Part) - Test Plan/Fugitive Monitoring Plan - ABC Coke, Tarrant
Good morning, Dr. Jones,

ABC Coke's REVISED QAPP documents, including GPS coordinates, are attached as requested.  Please let me know if you have any questions or require additional information.

Regards,

Jay Cornelius
Manager  -  Environmental Control

Office:<PHONE_NUMBER>
<EMAIL_ADDRESS><EMAIL_ADDRESS>

<<ABC Coke-Birmingham_Attachment 1. SGS SOPs.pdf>>
<<ABC Coke-Birmingham_Fugitive Monitoring Plan and QAPP_draft.pdf>>
<<ABC Coke-Birmingham_Attachment 1. SGS Quality Manual Rev 28 May 20 2022.pdf>>

From: Jones, DonnaLee<EMAIL_ADDRESS>Sent: Tuesday, August 30, 2022 12:45 PMTo: Cornelius, Jay<EMAIL_ADDRESS>GABRIELLE RAYMOND<EMAIL_ADDRESS><EMAIL_ADDRESS>Shappley, Ned<EMAIL_ADDRESS>Mcginn, Kevin<EMAIL_ADDRESS>RE: Coke Oven RTR, ICR Enclosure 2 (Part) - Test Plan/Fugitive Monitoring Plan - ABC Coke, Tarrant

Hello Jay  -  Thank you for the submission of your QAPP in response to the 2022 Clean Air Act section 114 test request for the Coke Ovens RTR. We reviewed your submission and had the following comments and requests:

"This test plan needs the GPS coordinates of the actual locations rather than only indicated on a map, so we can confirm the proper placement."

Please submit a revised QAPP documents addressing these deficiencies by Monday, September 12, 2022 COB.

Thank you for your efforts wth this 114 request.

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711
Tele:<PHONE_NUMBER>
--------------------------------------------------------------------------------
Fax<PHONE_NUMBER>
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

From: Cornelius, Jay<EMAIL_ADDRESS><EMAIL_ADDRESS>> Sent: Tuesday, August 16, 2022 12:08 PMTo: Jones, DonnaLee<EMAIL_ADDRESS><EMAIL_ADDRESS>>Cc: Freeman, Caroline<EMAIL_ADDRESS><EMAIL_ADDRESS>>; French, Chuck<EMAIL_ADDRESS><EMAIL_ADDRESS>><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>; David Ailor<EMAIL_ADDRESS><EMAIL_ADDRESS>>Subject: Coke Oven RTR, ICR Enclosure 2 (Part) - Test Plan/Fugitive Monitoring Plan - ABC Coke, Tarrant

Dr. Jones,

Attached please find ABC Coke's Draft Test Plan in response to CAA Section 114 request, ICR for Coke Ovens RTR, Enclosure 2, Section 1.7.  Also included is a Draft Fugitive Monitoring Plan (including Quality Manual and SOPs), and QAPP prepared by our subcontractor, Alliance, detailing the proposed approach for the fenceline and interior monitoring at our facility in Tarrant, AL.

Some of these documents remain in DRAFT due to the limited time allotted for their development and the likely need to finalize the plan prior to implementation.  It is important to note that at this point, the challenge of supplying reliable power to remote fenceline monitoring stations nearly a half-mile from the plant is unresolved.  The installation of temporary power poles/lines to these stations is a substantial effort and neither ABC nor our consultants have come up with an acceptable and reasonable solution.  A simple option is to use alternative air sampling methods that do not require power.  Another significant yet unresolved concern is the security of sampling devices positioned at the ABC property boundary, but away from the plant proper and/or outside the security fence.  To date, dependable measures to deter theft/tampering of the devices and disrupting sample collection has not been developed.  Lacking viable solutions to these issues, the monitoring approach/methodology proposed in these draft documents may require revision to include acceptable alternatives.

Regards,

Jay Cornelius
Manager  -  Environmental Control

Office:<PHONE_NUMBER>
<EMAIL_ADDRESS><EMAIL_ADDRESS>


[Federal Register Volume 84, Number 64 (Wednesday, April 3, 2019)]
[Rules and Regulations]
[Pages 12937-12938]
[FR Doc No: 2019-06485]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2018-0527; FRL-9991-61-Region 4]

Kentucky: Final Authorization of State Hazardous Waste Management
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final authorization.

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

SUMMARY: The Environmental Protection Agency (EPA) is granting Kentucky
final authorization for changes to its hazardous waste program under
the Resource Conservation and Recovery Act (RCRA). The Agency published
a Proposed Rule on September 21, 2018, and provided for public comment.
Two substantive comments were received on Kentucky's proposed
revisions. These comments are addressed in this Final Authorization.

DATES: This Final Authorization is effective April 3, 2019.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R04-2018-0527. All documents in the docket are listed
on the http://www.regulations.gov website. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Audrey Baker, Materials and Waste
Management Branch, RCR Division, U.S. Environmental Protection Agency,
Atlanta Federal Center, 61 Forsyth Street SW, Atlanta, Georgia 30303-
8960; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
email address: [email protected].

SUPPLEMENTARY INFORMATION:

A. What changes to Kentucky's hazardous waste program is EPA
authorizing with this action?

    On April 13, 2018, Kentucky submitted a final complete program
revision application seeking authorization of changes to its hazardous
waste program in accordance with 40 CFR 271.21. EPA now makes a final
decision that Kentucky's hazardous waste program revisions that are
being authorized are equivalent to, consistent with, and no less
stringent than the Federal program, and therefore satisfy all of the
requirements necessary to qualify for final authorization. For a list
of State rules being authorized with this Final Authorization, please
see the Proposed Rule published in the September 21, 2018 Federal
Register at 83 FR 47858.

B. What comments were received on Kentucky's proposed authorization and
how is EPA responding to these comments?

    EPA received two substantive comments on its September 21, 2018
proposed authorization of Kentucky's hazardous waste program revisions.
Specifically, EPA received adverse comments from the Sierra Club
(``Commenter''). These comments are provided in the docket for today's
final action. See Docket ID No. EPA-R04-RCRA-2018-0527 at
www.regulations.gov. A summary of the adverse comments and EPA's
responses are provided below.
    Comment 1: The Commenter contends that EPA may not approve
Kentucky's maximum concentration limit for selenium in groundwater at
401 KAR 39:090, Section 1(1), because it is higher than the Federal
level in Table 1 of 40 CFR 264.94(a). Specifically, Kentucky's maximum
concentration limit for selenium in groundwater is 0.05 milligrams per
liter (mg/l), which is five times higher than the maximum Federal
standard listed in 40 CFR 264.94(a), Table 1, which is 0.01 mg/l. The
Commenter states that because this standard is ``weaker'' than the
Federal analog, and because EPA has not established an ``alternate
limit'' under the procedures of 40 CFR 264.94, the Kentucky
concentration limit should not be approved.
    Response 1: As the Commenter correctly notes, Kentucky replaces the
federal Table 1 in 40 CFR 264.94(a) with its own Table 1 at 401 KAR
39:090, Section 1(1). In Kentucky's April 13, 2018 program revision
application, Kentucky noted its replacement of the Federal Table 1 with
its own Table, and also specified that its replacement Table is based
on the current Federal Maximum Contaminant Levels (MCLs) for all listed
constituents. EPA analyzed these substitute constituent concentrations
and confirmed that they are equivalent to the federal MCLs.
    In its Proposed Rule, EPA concluded that Kentucky's replacement
Table 1 is ``functionally equivalent'' to the Federal table at 40 CFR
264.94(a). For the reasons set forth below, EPA affirms this
determination and will proceed with authorization of Kentucky's State-
specific groundwater concentration limit for selenium.
    By way of background, the Federal groundwater concentration limits
in 40 CFR 264.94(a), Table 1, were promulgated in 1982 and have
remained unchanged since that time. See 47 FR 32274, 32350 (July 26,
1982). These groundwater concentration limits serve as a trigger for
corrective action for regulated units under post-closure care and were
originally based on the health-based concentration limits found in the
National Interim Primary Drinking Water Regulations under the Safe
Drinking Water Act. See 47 FR at 32285. These National Interim Primary
Drinking Water Regulations were later finalized to include the current
MCLs, which were subject to notice and comment rulemaking and codified
in 40 CFR part 141. EPA finalized the MCL for

selenium in 1992 and set it at 0.05 mg/l. See 40 CFR 141.62(b). All
MCLs are promulgated under the authority of the Safe Drinking Water Act
and are required to be reviewed every six years. See 42 U.S.C. 300g-
1(b)(9). The selenium MCL has undergone such review and EPA has
determined that the 0.05 mg/l standard continues to be appropriate. See
82 FR 3518 (Jan. 11, 2017).
    Although the regulations at 40 CFR 141.62 apply to ``community
water systems and non-transient, non-community water systems'' as the
Commenter correctly notes, EPA often relies on MCLs, in conjunction
with health-based screening levels and background levels, for purposes
of groundwater investigation and cleanup, with the goal of cleaning up
groundwater to its maximum beneficial use, which is often as a source
of drinking water. For example, Superfund cleanups conducted under the
Comprehensive Environmental Response, Compensation and Liability Act
utilize the Regional Screening Levels (RSLs) found at https://www.epa.gov/risk/regional-screening-levels-rsls-generic-tables, as well
as the primary (health-based) MCLs, for purposes of establishing
groundwater screening and cleanup levels. In addition, the Federal Coal
Combustion Residuals (CCR) Rule uses the federal MCLs for purposes of
setting groundwater protection standards. See 40 CFR 257.95(h). As a
result, the Commenter's statement that the selenium MCL is not relevant
for purposes of groundwater protection is inaccurate.
    Comment 2: The Commenter argues that EPA's proposed authorization
of the portions of Kentucky's program that relate to EPA's Checklist
235, which is the Federal regulation creating an exclusion from the
definition of hazardous waste for certain coal combustion residuals, is
inappropriate given that certain portions of the Federal Subtitle D CCR
Rule have been vacated by the Court in Utility Solid Waste Activities
Group, et al. v. EPA (D.C. Cir. Aug. 21, 2018).
    Response 2: The language of 40 CFR 261.4(b)(4) revised in the 2015
CCR Rule was not challenged nor impacted by the decision in that case.
As a result, this comment presents no basis to alter or re-evaluate
EPA's decision to proceed with authorization for the portions of
Kentucky's program that relate to Checklist 235.

C. What is codification and is EPA codifying Kentucky's hazardous waste
program as authorized in this rule?

    Codification is the process of placing citations and references to
the State's statutes and regulations that comprise the State's
authorized hazardous waste program into the Code of Federal
Regulations. EPA does this by adding those citations and references to
the authorized State rules in 40 CFR part 272. EPA is not codifying the
authorization of Kentucky's revisions at this time. However, EPA
reserves the ability to amend 40 CFR part 272, subpart S, for the
authorization of Kentucky's program changes at a later date.

D. Statutory and Executive Order Reviews

    This final authorization revises Kentucky's authorized hazardous
waste management program pursuant to Section 3006 of RCRA and imposes
no requirements other than those currently imposed by State law. For
further information on how this authorization complies with applicable
executive orders and statutory provisions, please see the Proposed Rule
published in the September 21, 2018 Federal Register at 83 FR 47858.
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 document 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 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). This
final action will be effective April 3, 2019.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Intergovernmental relations, Penalties, Reporting and
recordkeeping requirements.

    Authority:  This action is issued under the authority of
Sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act,
as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

    Dated: March 20, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-06485 Filed 4-2-19; 8:45 am]
 BILLING CODE 6560-50-P