[Federal Register Volume 87, Number 121 (Friday, June 24, 2022)]
[Rules and Regulations]
[Pages 37752-37754]
[FR Doc No: 2022-13314]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2022-0329; FRL-9699-02-R7]

Air Plan Approval; Missouri; Start-Up, Shutdown and Malfunction
Conditions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the State Implementation Plan (SIP) for
the State of Missouri. This final action will amend the SIP to
incorporate revisions to a state regulation related to the reporting of
start-up, shutdown, and malfunction (SSM) events in Missouri. The
revisions to this rule include adding incorporations by reference to
other state rules, including definitions specific to the rule and
making administrative wording changes. These revisions meet the
requirements of the Clean Air Act, do not impact the stringency of the
SIP or air quality. Approval of these revisions will ensure consistency
between state and federally approved rules.

DATES: This final rule is effective on July 25, 2022.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2022-0329. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e., 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 through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Allie Donohue, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7986; email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.

Table of Contents

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. The EPA's Responses to Comments
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The EPA is taking final action to approve Missouri's revisions to
10 Code of State Regulation (CSR) 10-6.050, Start-Up, Shutdown, and
Malfunction Conditions, which relate to reporting of SSM events in the
Missouri SIP. On April 7, 2022, the EPA published a notice of proposed
rulemaking (NPRM) which proposed to approve the SIP revision as
submitted by Missouri on February 11, 2020 (87 FR 20367). The EPA
received two comments from one commenter during the public comment
period. The EPA's summary of those comments and our responses is
contained in Section III of this document.
    As described in section IX.H.3 of the February 2013 Federal
Register document in which EPA analyzed specific SSM SIP provisions and
explained how each one either did or did not comply with the Clean Air
Act (CAA), EPA reviewed the Missouri rule at issue in this action
because it was included in a Sierra Club petition.\1\ Sierra Club
argued that this Missouri provision gave state personnel authority to
determine where enforcement action should be taken based on information
a source submits about excess emissions resulting from a malfunction,
start-up or shutdown. In EPA's final action, EPA denied the petition on
this provision and affirmatively found the provision to be consistent
with the 2015 policy ``on the basis that the provision is on its face
clearly applicable only to Missouri state enforcement personnel and
that the provision thus could not reasonably be read by a court to
foreclose enforcement by the EPA or through a citizen suit where
Missouri state personnel elect to exercise enforcement discretion.'' As
a result, Missouri rule, 10 Code of State Regulation (CSR) 10-6.050,
Start-Up, Shutdown, and Malfunction Conditions, was not included in the
2015 SSM SIP Call. Because the Missouri submittal does not
substantively alter this rule, EPA's previous conclusions relating to
this provision's compliance with EPA's SSM policy remain unchanged.
Further background information for this action can be found in Section
III of EPA's NPRM.
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    \1\ Petition to Find Inadequate and Correct Several State
Implementation Plans under Section 110 of the Clean Air Act Due to
Startup, Shutdown, Malfunction, and/or Maintenance Provisions (June
30, 2011).
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    These provisions in the SIP require the reporting of SSM events to
the Missouri Department of Natural Resources (MoDNR). Specifically, the
provisions set the time by which such notification must occur, define
what constitutes an SSM event, and establish the required contents of
the written report including but not limited to measures taken to
mitigate the extent and duration of the excess emissions, measures
taken to remedy the situation which caused the excess emissions and the
measures taken or planned to prevent the recurrence of these
situations.
    The EPA received the MoDNR's SIP revision submission on February
11, 2020. The EPA's full analysis of the revisions can be found in the
technical support document (TSD) included in this docket.
    In 10 CSR 10-6.050 Section (2) Definitions, the state incorporated
definitions for ``excess emissions'' into subsection (A),
``malfunction'' into subsection (B), ``shutdown'' into subsection (C),
and start-up into subsection (D). The definitions in the revision are
the same as the definitions in the SIP approved 10 CSR 10-6.020. The
revisions to Section (2) Definitions also move language about
definitions not included in 10 CSR 10-6.050 into subsection (E).
Because the language was already SIP-approved, and because the
definitions relate to requirements related to informational reporting
on SSM events, EPA finds that these revisions do not affect the
stringency of the SIP. The rule revisions also include minor word
changes, which are administrative in nature and do not affect the
stringency of the SIP.
    EPA finds that approving these revisions into the Missouri SIP is
consistent with EPA's policy as further described in EPA's NPRM.

II. Have the requirements for approval of a SIP revision been met?

    The State submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
State provided public notice on this SIP revision from June 3, 2019 to
July 3, 2019 and received 6 comments. Five comments were from industry
groups and one comment was from EPA. The industry comments all related
to reporting excess emissions as soon as possible. Ultimately, the
State opted not to include additional language to this effect and
maintained that notification

must occur within two days. The EPA comment letter indicated that EPA
did not have comments on the rule changes. Therefore, the state
adequately addressed each comment. In addition, as explained above and
in more detail in the NPRM and technical support document (TSD) which
is part of this document, the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.

III. The EPA's Responses to Comments

    On April 7, 2022, the EPA published a NPRM which proposed to
approve the SIP revision as submitted by Missouri on February 11, 2020
(87 FR 20367). The public comment period on the EPA's proposed rule
opened April 7, 2022 and closed on May 9, 2022. During this period, EPA
received two comments from one commenter.
    Comment 1: The commenter stated that the EPA did not call for a
revision of 10 CSR 10-6.050 in the EPA's June 12, 2015 final rule
titled ``State Implementation Plans: Response to Petition for
Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to
SIPs; Findings of Substantial Inadequacy; and SIP Calls To Amend
Provisions Applying to Excess Emissions During Periods of Startup,
Shutdown and Malfunction,'' (80 FR 33839, June 12, 2015). The commenter
stated that EPA found that the provision clearly applies only to
Missouri state enforcement at the time of rulemaking. The commenter
agreed the provision should apply only to state enforcement but
believes the provision could be clarified to reduce any chance that it
would interfere with citizen or EPA enforcement.
    Response 1: EPA agrees that if a state chooses to maintain state
provisions related to SSM events, such provisions should be clear that
they do not limit federal enforcement or citizen suit authority in
order to be consistent with Clean Air Act requirements. Missouri's
revisions to this rule which EPA proposed to approve in the NPRM were
limited to largely administrative changes, such as removing unnecessary
words and adding in rule-specific definitions. Missouri did not request
revisions to the remainder of the SIP-approved rule text; therefore the
unchanged portions of the rule text were not at issue in this action.
For these reasons, the comment on the clarity of this rule language
with respect to federal enforcement or citizen suit authority is
outside the scope of this action.
    Further, as the commenter acknowledges, EPA previously found the
provision in this action to not limit federal enforcement or citizen
suit authority and therefore did not find it to be substantially
inadequate to meet CAA requirements for the purposes of the 2015 SSM
SIP Call. This prior EPA determination was open to notice and comment
through EPA's 2015 SSM SIP Action, so commenters had a full opportunity
to weigh in on this issue previously. As made clear in the proposal and
restated here, EPA is not reopening the determination made in the 2015
SSM SIP Action in this rulemaking.
    Comment 2: The commenter stated that the EPA determined a provision
in Missouri's Restriction of Emission of Visible Air Contaminants rule,
10 CSR 10-6.220(3)(C), was substantially inadequate to meet CAA
requirements in the 2015 SSM SIP Call setting a deadline for the state
to respond to the SIP Call of November 22, 2016. The commenter further
stated that the SIP-called 10 CSR 10-6.220(3)(C) remains in effect
because EPA has not yet acted on Missouri's responsive November 2016
submittal. The commenter urges EPA to address this unlawful loophole
that is years overdue.
    Response 2: EPA acknowledges this comment, though it does not raise
any issue adverse to this current rulemaking. This comment is related
to a different state rule and submission in front of the Agency for
action. Therefore, this comment is outside the scope of this action.
Although outside the scope of the present rulemaking, EPA notes that
consistent with CAA section 113(g), the EPA recently published a
proposed consent decree including a deadline by which EPA must finalize
action on Missouri's 2016 submission responding to EPA's 2015 SSM SIP
Call (87 FR 21118, Case No. 21-cs-6956). EPA anticipates taking
expeditious action on Missouri's 2016 responsive submittal but no later
than the date which will be set by the final consent decree when
entered by the Court.

IV. What action is the EPA taking?

    The EPA is taking final action to amend the Missouri SIP to
incorporate revisions to state rule 10 CSR 10-6.050, Start-Up,
Shutdown, and Malfunction Conditions, related to reporting of SSM
events, in the Missouri SIP as submitted to EPA on February 11, 2020.
On April 7, 2022, the EPA published a NPRM proposing to approve
Missouri's February 11, 2020, SIP revision submittal (87 FR 20367). The
EPA sought public comment on the NPRM and received two comments from
one commenter. The EPA's responses to comments received is included in
Section IV of this document. The EPA is taking final action after
consideration of the comments. Approval of these revisions will ensure
consistency between State and federally approved rules. As described in
the NPRM and the TSD, the EPA has determined that these changes meet
the requirements of the CAA and will not adversely impact air quality
or the stringency of the SIP.

V. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
Missouri rule 10 CSR 10-6.050 described in Section I of this preamble
and set forth below in the amendments to 40 CFR part 52. The EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and at the EPA Region 7 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).
    Therefore, these materials have been approved by the EPA for
inclusion in the State Implementation Plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of the EPA's approval, and will be incorporated by reference
in the next update to the SIP compilation.\2\
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    \2\ 62 FR 27968, May 22, 1997.
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VI. Statutory and Executive Order Reviews

    Under the Clean Air Act CAA, the Administrator is required to
approve a SIP submission that complies with the provisions of the Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
     In addition, the SIP is not approved to apply on any
Indian reservation land or in any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
     This action is subject to the Congressional Review Act,
and the EPA will submit a rule report to each House of the Congress and
to the Comptroller General of the United States. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2).
     Under section 307(b)(1) of the CAA, petitions for judicial
review of this action must be filed in the United States Court of
Appeals for the appropriate circuit by August 23, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: June 15, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart AA--Missouri

0
2. In Sec.  52.1320, the table in paragraph (c) is amended by revising
the entry ``10-6.050'' to read as follows:

Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
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                                                        State
     Missouri citation              Title          effective date    EPA approval date         Explanation
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                                    Missouri Department of Natural Resources
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                                                  * * * * * * *
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    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
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                                                  * * * * * * *
10-6.050..................  Start-Up, Shutdown,         1/30/2020   6/24/2022 [insert
                             and Malfunction                        Federal Register
                             Conditions.                            citation].

                                                  * * * * * * *
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[FR Doc. 2022-13314 Filed 6-23-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Notices]
[Pages 10527-10528]
[FR Doc No: 2018-04788]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82810; File No. SR-BX-2018-009]

Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Relocate Its
Data Feed Offerings

March 6, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 22, 2018, Nasdaq BX, Inc. (``BX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to relocate the data feeds currently located
at Chapter VI, Section 1(a)(3) to Chapter VI, Sec. 19, which is
currently reserved, and entitle it ``Data Feeds.''
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaqbx.cchwallstreet.com/, at the principal office
of the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to relocate the data feeds currently located
at Chapter VI, Section 1(a)(3) to Chapter VI, Sec. 19, which is
currently reserved, and entitle it ``Data Feeds.''
    The Exchange considers it is appropriate to move these data feed
offerings to a separate rule to better organize its Rulebook and
facilitate future cross-references. The Exchange notes that the changes
proposed in this filing are of a non-substantive nature.
    Specifically, the Exchange proposes to rename Section 19 as ``Data
Feeds'' and add the definitions for BX Depth of Market (``BX Depth'')
\3\ and BX Top of Market (``BX Top'') \4\ which are currently contained
at Chapter VI, Section 1(a)(3). The Exchange also proposes to add an
``and'' to the end of Chapter VI, Section 1(a)(2) and a cross reference
citation to Chapter 19 at Chapter VI, Section 1(a)(3) to point to the
proposed rule for the list of data offerings.
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    \3\ BX Depth is a data feed that provides quotation information
for individual orders on the BX Options book, last sale information
for trades executed on BX Options, and Order Imbalance Information
as set forth in BX Options Rules Chapter VI, Section 8.
    \4\ BX Top is a data feed that provides the BX Options Best Bid
and Offer and last sale information for trades executed on BX
Options.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Securities Exchange Act of 1934 (the
``Act''),\5\ in general, and furthers the objectives of Section 6(b)(5)
of the Act,\6\ in particular, in that it is designed to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism for a free and open market and a national market system,
and, in general, to protect investors and the public interest, by
improving the way its Rulebook is organized, providing ease of
reference in locating data feed offerings and providing greater
transparency to its rules. As previously stated, the proposed rule
relocation is non-substantive and is concerned solely with the
administration of the Exchange.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\7\ the Exchange does
not believe that the proposed rule change will impose any burden on
intermarket or intra-market competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange's
proposal does not impose an undue burden on competition, rather the
proposal seeks to improve its Rulebook's clarity and make non-
substantive rule changes.
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    \7\ 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \8\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of its filing. However,
Rule 19b-4(f)(6)(iii) \10\ permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay so that the proposed rule
change will become operative on filing. The Exchange stated that the
proposed rule change promotes the protection of investors and the
public interest by improving the organization and clarity of the
Exchange's Rulebook. Waiver of the operative delay would allow the
Exchange, without delay, to reorganize its Rulebook in a manner that
improves clarity and readability. Therefore, the Commission believes
that waiver of the 30-day operative delay is consistent with the
protection of investors and the public interest. Accordingly, the
Commission hereby waives the operative delay and designates the
proposed rule change operative upon filing.\11\
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    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-BX-2018-009 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-BX-2018-009. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-BX-2018-009, and should be submitted on
or before March 30, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Eduardo A. Aleman,
Assistant Secretary.
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    \12\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2018-04788 Filed 3-8-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Notices]
[Pages 41187-41188]
[FR Doc No: 2013-16461]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0147]

Driver Qualifications: Skill Performance Evaluation; Virginia
Department of Motor Vehicles' Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for public
comment.

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SUMMARY: FMCSA announces receipt of an application for exemption from
the Virginia Department of Motor Vehicles (Virginia), on behalf of
truck and bus drivers who are licensed in the Commonwealth of Virginia
and need a Skill Performance Evaluation (SPE) certificate from FMCSA to
operate commercial motor vehicles in interstate commerce. The exemption
would enable Virginia-licensed drivers subject to the Federal SPE
requirements under 49 CFR 391.49, to fulfill the Federal requirements
with a State-issued SPE. The State-issued SPE would be based on
standards, processes and procedures comparable to those used by FMCSA,
and the State would maintain copies of all evaluation forms and
certificates issued to enable FMCSA to conduct periodic reviews of the
program.

DATES: Comments must be received on or before August 8, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) number FMCSA-2013-0147 by any of the following
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington,
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the exemption process, see the
``Public Participation'' heading below. Note that all comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided. Please see the ``Privacy Act''
heading for further information.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to Room W12-140,
DOT Building, New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The Federal
Docket Management System (FDMS) is available 24 hours each day, 365
days each year. If you want acknowledgement that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone is able to search the electronic form of all
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 DOT's
complete Privacy Act Statement for the FDMS published in the Federal
Register published on January 17, 2008 (73 FR 3316) or you may visit
http://edocket/access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Ms. Eileen Nolan, Office of Carrier,
Driver and Vehicle Safety, Medical Programs Division,<PHONE_NUMBER>,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations. FMCSA must publish a notice of each exemption request in
the Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or

class of persons receiving the exemption, and the regulatory provision
from which the exemption is granted. The notice must also specify the
effective period and explain the terms and conditions of the exemption.
The exemption may be renewed (49 CFR 381.300(b)).

Virginia's Exemption Application

    The Virginia DMV is requesting an exemption from 49 CFR 391.49
concerning FMCSA's SPE process for drivers who have experienced an
impairment or loss of a limb, on behalf of commercial motor vehicle
(CMV) drivers licensed in the Commonwealth of Virginia. Instead of
requiring such drivers to apply to FMCSA for an SPE, Virginia would
establish its own SPE program essentially identical to the current
FMCSA program. Virginia would establish an application process modeled
on the FMCSA process, and State personnel who have completed SPE
training identical to that of FMCSA personnel currently administering
the Federal SPE program would conduct the skill test following the same
procedures and testing criteria used by FMCSA. If the driver passed the
skill test, the State would issue the SPE certificate. Virginia would
maintain records of applications, testing, and certificates issued for
periodic review by FMCSA.
    An exemption granted under the authority of 49 U.S.C. 31315(b)
preempts State laws and regulations that conflict with or are
inconsistent with the exemption. If FMCSA decided to grant Virginia's
request, the exemption would amount to automatic Federal ratification
of each State-issued SPE certificate and would therefore prohibit other
jurisdictions from requiring a separate FMCSA-issued SPE. The State-
issued certificate would be treated as if it had been issued by FMCSA.
Virginia-licensed drivers who receive the State-issued SPE would be
allowed to operate CMVs in interstate commerce, anywhere in the United
States. A copy of the exemption application is included in the docket.

Request for Comments

    FMCSA requests public comments on Virginia's exemption application.
The Agency will consider all comments submitted to the public docket
referenced at the beginning of this notice and determine whether the
exemption would achieve a level of safety equivalent to the Federal SPE
process, and consistent with the statutory requirements for exemptions
under 49 U.S.C. 31136(e) and 31315(b)(1).

    Issued on: July 2, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-16461 Filed 7-8-13; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Page 64031]
[FR Doc No: 2022-22874]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2022-0163; FRL-9408-09-OCSPP]

Pesticide Product Registration; Receipt of Applications for New
Uses September 2022

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has received applications to register new uses for
pesticide products containing currently registered active ingredients.
Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), EPA is hereby providing notice of receipt and opportunity to
comment on these applications.

DATES: Comments must be received on or before November 21, 2022.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2022-0163, through the Federal eRulemaking
Portal at https://www.regulations.gov. Follow the online instructions
for submitting comments. Do not submit electronically any information
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Additional
instructions on commenting and visiting the docket, along with more
information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Dan Rosenblatt, Registration Division
(RD) (7505T), main telephone number:<PHONE_NUMBER>, email address:
[email protected]. The mailing address for each contact person is
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001. As part of the mailing
address, include the contact person's name, division, and mail code.
The division to contact is listed at the end of each application
summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets.

II. Registration Applications

    EPA has received applications to register new uses for pesticide
products containing currently registered active ingredients. Pursuant
to the provisions of FIFRA section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA
is hereby providing notice of receipt and opportunity to comment on
these applications. Notice of receipt of these applications does not
imply a decision by the Agency on these applications.

A. Notice of Receipt--New Uses

    EPA Registration Numbers: 100-1013, 100-1295, 100-1402, 100-1435.
Docket ID number: EPA-HQ-OPP-2022-0732. Applicant: Syngenta Crop
Protection, LLC, P.O. Box 18300, Greensboro, NC 27419. Active
ingredient: Lambda-cyhalothrin. Product type: Insecticide. Proposed
use: Fruit, citrus, group 10-10; rapeseed subgroup 20A; sunflower
subgroup 20B. Contact: RD.
    EPA Registration Number: 59639-237. Docket ID number: EPA-HQ-OPP-
2021-0484. Applicant: Valent U.S.A. LLC, 4600 Norris Canyon Road, P.O.
Box 5075, San Ramon, CA 94583-0975. Active ingredient: Pyroxasulfone.
Product type: Herbicide. Proposed use: Outdoor Ornamental. Contact: RD.
    Authority: 7 U.S.C. 136 et seq.

    Dated: October 17, 2022.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Program Support.
[FR Doc. 2022-22874 Filed 10-20-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)]
[Notices]
[Pages 64429-64430]
[FR Doc No: 2018-27110]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for Special Permits

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

ACTION: List of applications for special permits.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein. Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor

vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft only, 5--
Passenger-carrying aircraft.

DATES: Comments must be received on or before January 14, 2019.

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

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

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

    Issued in Washington, DC, on December 7, 2018.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special permits
       Application No.                 Applicant          Regulation(s) affected              thereof
----------------------------------------------------------------------------------------------------------------
                                              Special Permits Data
----------------------------------------------------------------------------------------------------------------
20802-N......................  EXXON MOBIL CORPORATION.  173.242(c)..............  To authorize the
                                                                                transportation in commerce
                                                                                of a Division 4.2 material
                                                                                in 35 non-DOT specification
                                                                                portable tanks conforming to
                                                                                the requirements of a UN T21
                                                                                portable tank except for the
                                                                                thickness of the bottom
                                                                                conical head. (modes 1, 2,
                                                                                3)
20803-N......................  HYPERCOMP ENGINEERING,    173.302a(a)(1)..........  To authorize the manufacture,
                                INC.                                                mark, sale, and use of a non-
                                                                                DOT specification composite
                                                                                overwrapped pressure vessel
                                                                                containing hydrogen. (modes
                                                                                1, 2, 3, 4)
20804-N......................  HYPERCOMP ENGINEERING,    173.302a(a)(1)..........  To authorize the manufacture,
                                INC.                                                mark, sale, and use of non-
                                                                                DOT specification composite
                                                                                overwrapped pressure vessels
                                                                                containing oxygen. (modes 1,
                                                                                2, 3, 4)
20805-N......................  LG CHEM.................  172.101(j)..............  To authorize the
                                                                                transportation in commerce
                                                                                of lithium batteries
                                                                                exceeding 35 kg by cargo-
                                                                                only aircraft. (mode 4)
20806-N......................  JAGUAR INSTRUMENTS INC..  173.302a(a)(1),           To authorize the manufacture,
                                                          173.304a(a)(1).           mark, sale, and use of non-
                                                                                DOT specification nickel
                                                                                copper alloy 400 cylinders.
                                                                                (modes 1, 2, 3, 4)
20808-N......................  INNOPHOS, INC...........  178.504(b)(9)...........  To authorize the
                                                                                transportation in commerce
                                                                                of UN 1A1 drums containing
                                                                                polyphosphoric acid in
                                                                                quantities that exceed the
                                                                                maximum mass authorize for
                                                                                steel drums. (mode 1)
20814-N......................  SAFT AMERICA INC........  172.101(j)..............  To authorize the
                                                                                transportation in commerce
                                                                                of lithium batteries with a
                                                                                net greater than 35 kg
                                                                                aboard cargo-only aircraft.
                                                                                (mode 4)
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-27110 Filed 12-13-18; 8:45 am]
 BILLING CODE 4909-60-P


[Federal Register: August 13, 2009 (Volume 74, Number 155)]
[Notices]
[Page 40827]
[DOCID:fr13au09-53]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2009-0680]

Certificate of Alternative Compliance for the Offshore Supply
Vessel CALLAIS NAVIGATOR

AGENCY: Coast Guard, DHS.

ACTION: Notice.

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SUMMARY: The Coast Guard announces that a Certificate of Alternative
Compliance was issued for the offshore supply vessel CALLAIS NAVIGATOR
as required by 33 U.S.C. 1605(c) and 33 CFR 81.18.

DATES: The Certificate of Alternative Compliance was issued on July 14,
2009.

ADDRESSES: The docket for this notice is 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. You may also find this
docket on the Internet by going to http://www.regulations.gov,
inserting USCG-2009-0680 in the ''Keyword'' box, and then clicking
''Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call CWO2 David Mauldin, District Eight, Prevention Branch, U.S. Coast
Guard, telephone<PHONE_NUMBER>. 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:

Background and Purpose

    The offshore supply vessel CALLAIS NAVIGATOR will be used for
offshore supply operations. The Certificate of Alternative Compliance
allows for the horizontal distance between the forward and aft masthead
lights to be 20' 8\5/8\''. Placing the aft masthead light at the
horizontal distance from the forward masthead light as required by
Annex I, paragraph 3(a) of the 72 COLREGS, and Annex I, section
84.05(a) of the Inland Rules Act, would result in an aft masthead light
location directly over the cargo deck, where it would interfere with
loading and unloading operations. The offset from centerline of the
RAM/NUC lights may be 3'. Offsetting the RAM/NUC lights 2 meters from
the centerline as required by Annex I paragraph 3(c) and Annex I,
section 84.05(c) would place them in an exposed position beyond the
width of the aft end of the pilothouse.
    The Certificate of Alternative Compliance allows for the horizontal
separation of the forward and aft masthead lights to deviate from the
requirements of Annex I, paragraph 3(a) of 72 COLREGS, and Annex I,
section 84.05(a) of the Inland Rules Act, as well as the offset of the
RAM/NUC lights to deviate from the requirements of Annex I, paragraph
3(c) of 72 COLREGS and Annex I, section 84.05(c) of the Inland Rules
Act.
    This notice is issued under authority of 33 U.S.C. 1605(c), and 33
CFR 81.18.

    Dated: July 27, 2009.
J.W. Johnson,
Commander, U.S. Coast Guard, Chief, Inspections and Investigations
Branch, By Direction of the Commander, Eighth Coast Guard District.
[FR Doc. E9-19403 Filed 8-12-09; 8:45 am]

BILLING CODE 4910-15-P