[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)]
[Notices]
[Page 22996]
[FR Doc No: 2017-10122]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP15-554-000; CP15-554-001; Docket No. CP15-555-000]

Atlantic Coast Pipeline, LLC; Dominion Transmission, Inc.; Notice
of Revised Schedule for Environmental Review of the Atlantic Coast
Pipeline and Supply Header Project

    This notice identifies the Federal Energy Regulatory Commission
staff's revised schedule for the completion of the environmental impact
statement (EIS) for Atlantic Coast Pipeline, LLC's (Atlantic) Atlantic
Coast Pipeline and Dominion Transmission, Inc.'s (DTI) Supply Header
Project. The first notice of schedule, issued on August 12, 2016,
identified a final EIS date of June 30, 2017. However, in response to
comments on the draft EIS (which had a comment closing date of April 6,
2017), staff sent an environmental information request to Atlantic and
DTI in April 2017, and only recently received the information necessary
for us to complete our environmental review. As a result, staff has
revised the schedule for issuance of the final EIS.

Schedule for Environmental Review

    Issuance of Notice of Availability of the final EIS--July 21, 2017.
    90-day Federal Authorization Decision Deadline--October 19, 2017.
    If a schedule change becomes necessary, an additional notice will
be provided so that the relevant agencies are kept informed of the
project's progress.

Additional Information

    In order to receive notification of the issuance of the final EIS
and to keep track of all formal issuances and submittals in specific
dockets, the Commission offers a free service called eSubscription
(http://www.ferc.gov/docs-filing/esubscription.asp).

    Dated: May 12, 2017.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2017-10122 Filed 5-18-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 144 (Monday, July 28, 2014)]
[Rules and Regulations]
[Pages 43661-43667]
[FR Doc No: 2014-17680]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 70 and 71

[EPA-HQ-OAR-2013-0162; FRL-9913-88-OAR]
RIN 2060-AQ71

Amendments to Compliance Certification Content Requirements for
State and Federal Operating Permits Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is amending the
compliance certification requirements for state and federal operating
permits programs that were published in the Federal Register on June
27, 2003. In that action, one sentence was removed from the rules
inadvertently. This action restores the sentence to its original
location in the rules.

DATES: This final rule is effective on August 27, 2014.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2013-0162. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, i.e.,
confidential business information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available either electronically in
http://www.regulations.gov or in hard copy at the Docket ID No. EPA-HQ-
OAR-2013-0162. EPA/DC, William Jefferson Clinton West Building, Room
3334, 1301 Constitution Avenue, Northwest, Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER> and the telephone number for the Air and
Radiation Docket Information Center is<PHONE_NUMBER>. For additional
information about the EPA's public docket, visit the EPA Docket Center
homepage at: http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: For further general information on
this rulemaking, contact Ms. Joanna Swanson, Air Quality Policy
Division, Office of Air Quality Planning and Standards (C504-05),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number<PHONE_NUMBER>; fax number<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The information in the Supplementary
Information section of this preamble is organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related
information?
II. Background for the Final Rulemaking
III. Amendments to Compliance Certification Content Requirements for
State and Federal Operating Permits Programs
    A. Rationale for the Final Action
    B. Scope of Rulemaking
    C. Comments and Responses
    1. The Necessity of the Amended Language
    2. The Use of Material Information
    3. Scope of Compliance Certifications
    4. Rule Language Clarification Requested
    D. Final Action
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act
    L. Judicial Review

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this final rulemaking include
owners and operators of emission sources in all industry groups who
hold or apply for a title V operating permit. Other entities
potentially affected by this final rulemaking include federal, state,
local and tribal air pollution control agencies who administer title V
permit programs.

B. Where can I get a copy of this document and other related
information?

    In addition to being available in the docket found on http://www.regulations.gov, an electronic copy of this document will also be
available on the World Wide Web. Following signature by the EPA
Administrator, a copy of this final rule will be posted on the EPA's
title V Web page at http://www.epa.gov/nsr.

II. Background for the Final Rulemaking

    On March 29, 2013, the EPA proposed to restore a sentence that was
inadvertently removed from the operating permits program rules (found
in 40 CFR parts 70 and 71) due to an editing error. This error occurred
in a June 27, 2003, final rule (68 FR 38517) amending the compliance
certification requirements in 40 CFR 70.6(c)(5)(iii)(B) and
71.6(c)(5)(iii)(B). The final 2003 rule inadvertently removed the
following sentence from the end of paragraph (c)(5)(iii)(B) of both
sections: ``If necessary, the owner or operator also shall identify any
other material information that must be included in the certification
to comply with section 113(c)(2) of the Act, which prohibits knowingly
making a false certification or omitting material information.'' The
EPA proposed to restore this sentence to its former position in both
paragraphs.
    This sentence was originally added to the operating permits rules
in the context of the 1997 Compliance Assurance Monitoring (CAM)
rulemaking (62 FR 54900), which clarified the use of CAM monitoring
data in compliance certifications. Specifically, this sentence was
intended to clarify that ``other material information (i.e.,
information beyond required monitoring that has been specifically
assessed in relation to how the information potentially affects
compliance status)'' (62 FR 54937) known by the owner or operator must
be identified and addressed in compliance certifications consistent
with section 113(c)(2) of the Clean Air Act (CAA or Act) and the 1997
Credible Evidence Revisions rule (62 FR 8314). The 2003 rulemaking that
erroneously removed the subject sentence was intended to address a
court remand concerning other aspects of the annual compliance
certification requirements of title V.
    For the reasons discussed in this document, we are finalizing the
regulatory language that we proposed without change.

III. Amendments to Compliance Certification Content Requirements for
State and Federal Operating Permits Programs

A. Rationale for the Final Action

    As discussed in the preamble to the proposed rule (78 FR 19166),
the substance of the regulatory preambles and rule text from the 2001
\1\ and 2003 rulemakings make it clear that the EPA did not intend to
remove the missing sentence from 40 CFR 70.6(c)(5)(iii)(B) or
71.6(c)(5)(iii)(B). The EPA did not discuss or propose any revisions to
these paragraphs in the 2001 direct final rulemaking or parallel
proposal.\2\ Similarly, while the EPA revised the text of 40 CFR
70.6(c)(5)(iii)(B) and 71.6(c)(5)(iii)(B) as part of the 2003 final
amendments, it did not discuss any intent to remove this sentence. To
the contrary, the EPA stated clearly that ``[o]ther text within
[sections] 70.6(c)(5)(iii)(B), 71.6(c)(5)(iii)(B), 70.6(c)(5)(iii)(C),
and 71.6(c)(5)(iii)(C) remains as proposed in March 2001'' (68 FR
38521). The EPA did not propose to remove the deleted sentence from
paragraph (c)(5)(iii)(B) of 40 CFR 70.6 and 71.6 or to make any other
changes to those paragraphs in that March 2001 rulemaking. Moreover,
the EPA's response to comments on the 2001 proposed amendments
reiterated the sentence's requirement that ``responsible officials must
identify in [their title V compliance certifications] other material
information where failure to do so would constitute a false
certification of compliance.'' \3\
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    \1\ In 2001, the EPA published a direct final rule (66 FR 12872)
and a parallel proposal (66 FR 12916) requiring title V compliance
certifications to identify whether compliance during the period was
continuous or intermittent as specified in CAA section 114(a)(3) per
the 1990 CAA Amendments. We subsequently received adverse comments
on the direct final rule and withdrew it (66 FR 55883).
    \2\ As discussed in the preamble to the proposed rule (78 FR
19166), while the 2001 preamble discussion of the proposed revisions
at 66 FR 12918 mistakenly referred to changes to paragraph
(c)(5)(iii)(B) of 40 CFR 70.6 and 71.6, the proposed amendments in
that action addressed only 40 CFR 70.6(c)(5)(iii)(C) and
71.6(c)(5)(iii)(C). The proposed revisions to the regulatory
language correctly addressed 40 CFR 70.6(c)(5)(iii)(C) and
71.6(c)(5)(iii)(C).
    \3\ Responses to public comments prepared for the June 27, 2003,
Final Rule, section 2.3, page 11, EPA Docket No. EPA-HQ-OAR-2002-
0062-0008, June 2003.
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    Despite the inadvertent removal of the sentence in question on June
27, 2003, the EPA's actions since that time have remained consistent
with the direction provided in the inadvertently removed ``other
material information'' sentence, and with the Credible Evidence
Revisions rule in general. For example, the Part 71 federal operating
permits program administered by the EPA includes a form for sources to
use for their annual compliance certifications, and the instructions
for completing the form state the following:

    Compliance Status: For each permit requirement and its
associated compliance methods, indicate whether there was
intermittent or continuous compliance (check one) during the
reporting period. You should consider all available information or
knowledge that you have when evaluating this, including compliance
methods required by the permit and ``credible evidence'' (e.g., non-
reference test methods and information ``readily available'' to
you). You are always free to include written explanations and other
information to clarify your conclusion regarding compliance
status.\4\
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    \4\ Annual Compliance Certification (A-COMP), EPA Form 5900-04,
at page 4 (emphasis added), available at http://www.epa.gov/airquality/permits/pdfs/a-comp.pdf.

    Similarly, the instructions for the initial compliance
certification form that the EPA issued shortly after the ``other
material information'' sentence was added to parts 70 and 71 as part of
the promulgation of the CAM rule in 1997 also discussed the
consideration of ``all available information or knowledge'' in
compliance status certification.\5\ After the ``other material
information'' language was inadvertently deleted from the part 71 rule
in 2003, the EPA revised the annual compliance certification form and
associated instructions in 2004 ``to reflect policy decisions
concerning monitoring and the data used for compliance
certifications.'' \6\ Specifically, the form added the requirement for
sources to certify whether compliance was continuous or intermittent,
but the EPA did not revise the instruction for sources to consider
``all available information and knowledge'' and ``credible evidence''
when determining compliance status.\7\ The retention of the instruction
to consider all available information, including credible evidence, in
the Annual Compliance Certification form clearly indicates that the EPA
continues to believe that the title V rules should be implemented
consistent with the ``other material information'' sentence that had
been removed inadvertently. The EPA also has made revisions to the part
71 forms a number of times since 2003, providing ample opportunity to
change this language if its policy had changed; however, the EPA has
made no such changes.\8\
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    \5\ Initial Compliance Plan and Compliance Certification (I-
COMP), EPA Form 5900-86, at page 4, available at http://www.epa.gov/airquality/permits/pdfs/i-comp.pdf.
    \6\ http://www.epa.gov/airquality/permits/p71forms.html,
accessed on June 16, 2014.
    \7\ See generally Annual Compliance Certification (A-COMP), EPA
Form 5900-04, available at http://www.epa.gov/airquality/permits/pdfs/a-comp.pdf.
    \8\ See generally http://www.epa.gov/airquality/permits/p71forms.html, accessed on June 16, 2014.
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    Title V permits issued by EPA Regional Offices since 2003 also
provide evidence of the EPA's ongoing practice of requiring sources to
use ``other material information'' in compliance certifications. A
review of a sample of recent part 71 permits reveals that they include
language similar to the language

in the inadvertently removed sentence. These permits include a permit
issued by Region 2 in 2011, a permit issued by Region 8 in 2010, and a
permit issued by Region 5 in 2012, and each permit requires the annual
compliance certification to include ``any other material information
that must be included in the certification to comply with section
113(c)(2) of the Act, which prohibits knowingly making a false
certification or omitting material information.'' \9\
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    \9\ See Region 2 part 71 permit issued to Turning Stone Casino
Resort in Verona, New York at section V.D.(1)(iv), available at
http://www.epa.gov/region02/air/permit/trsc07052011.pdf; Region 8
part 71 permit issued to Samson Resources Company at Sec.
III.C.3.(c)(ii), available at http://www2.epa.gov/sites/production/files/documents/Samson-HowardSWD_Initial_V-SU-0051-10.00.pdf;
Region 5 part 71 permit issued for operations at the Treasure Island
Resort & Casino in Red Wing, Minnesota at 4.0(D)1.(ii), available at
http://yosemite.epa.gov/r5/r5ard.nsf/
f5dbe2e3ef9dc9c1862570430068f396/10cd79ad1a4c177386257ad0004d7bc3/
$FILE/V-PI-2704900084-2012-10%20-%20Final.pdf.
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    Similarly, the EPA guidance to title V rule writers on an EPA
Region 3 Web site concerning compliance and enforcement illustrates the
EPA's commitment to the use of credible evidence. That Web site
includes the following guidance:

    Title V permit conditions cannot limit the types of data or
information (i.e., credible evidence) that may be used to prove a
violation of any applicable requirement. Title V permits should
contain language clarifying that any credible evidence may be used
in determining a source's compliance status (or alternatively, that
nothing in the permit precludes the use of credible evidence in
determining compliance or noncompliance with the terms of the
permit). Such language gives fair notice to the source and the
public, and prevents the source from claiming that they weren't on
notice that other credible evidence could be used to demonstrate a
violation or compliance. Such language can most easily be added to
Title V permits by modifying the `boilerplate' provisions (i.e.,
general permit conditions) as in the following example. . . .\10\
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    \10\ http://www.epa.gov/reg3artd/permitting/t5_compl_enf.htm.
The Web site states that this page was last updated on February 11,
2011.

    As illustrated by these examples, following the mistaken removal of
the ``other material information'' sentence on June 27, 2003, the EPA
has clearly articulated a position consistent with the Credible
Evidence Revisions rule under all circumstances, including the annual
compliance certification. In light of the EPA's continued, consistent
commitment to the use of credible evidence in compliance certifications
and other title V contexts, the EPA has not previously devoted its
limited resources to correcting the inadvertent deletion in the
regulatory text through a formal rulemaking. Nonetheless, the EPA's
Office of Inspector General (OIG) has indicated that the title V rules
should be amended to restore the ``other material information''
language to the regulatory requirements in order to improve the content
of annual compliance certifications.\11\ In concurrence with the OIG
recommendation, the EPA is now taking this action to restore the
language currently missing in the part 70 and 71 rules.
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    \11\ EPA Office of Inspector General, Substantial Changes Needed
in Implementation and Oversight of Title V Permits If Program Goals
Are To Be Fully Realized, Report No. 2005-P-00010, pp 31-32 and p
37, Recommendation 2-2, March 9, 2005. http://www.epa.gov/oig/reports/2005/20050309-2005-P-00010.pdf.
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    The restored language reflects the general prohibition on knowingly
making a false certification or omitting material information that
exists in the CAA, independent of any EPA policy or previous rulemaking
actions. As modified in the 1990 CAA Amendments, section 113(c)(2) of
the Act states that any person who knowingly ``makes any false material
statement, representation, or certification in, or omits material
information from, . . . any notice, application, record, report, plan,
or other document required pursuant to this Act'' (emphasis added) is
subject to fine or imprisonment, upon conviction. The EPA believes that
it is important to ensure that sources are on notice and understand the
requirement to consider as part of their compliance status any material
information determined by methods other than those identified in the
permit. Moreover, for the sake of clarity, the EPA believes that this
duty should be explicit in the part 70 and 71 compliance certification
requirements.

B. Scope of Rulemaking

    The purpose of this final rulemaking is to restore language that
was inadvertently deleted from the title V regulations, 40 CFR parts 70
and 71.\12\ Given the passage of time, the EPA decided to make this
change through a notice and comment rulemaking, rather than a
correction notice. In the notice of proposed rulemaking for this
action, the EPA requested comments only on whether, on the sole basis
that the removal of the language in question was inadvertent, the
language in question should or should not be restored. The EPA did not
request comments on any other aspects of these provisions or on any
other provisions of the part 70 and 71 rules. In the proposal, the EPA
stated that if comments were submitted outside of this scope, the
agency would not take them into consideration when finalizing the rule.
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    \12\ Section 70.4(i) provides that states with approved part 70
programs may need to revise their programs when the relevant federal
statutes or regulations are modified or supplemented. Given that the
relevant federal statute concerning representations or statements
made in compliance certifications (CAA section 113(c)(2)) applies
regardless of the specific language in 40 CFR 70.6(c)(5)(iii)(B),
the EPA proposed that states will not need to submit part 70 program
revisions in response to this rulemaking, except where a state
program interferes with the implementation of the sentence the EPA
proposes to restore. The EPA also proposed that permit reopenings
will not be needed under 40 CFR 70.7(f)(1) or 71.7(f)(1) in response
to this rulemaking, except where a permit contains language that
interferes with the implementation of the sentence the EPA proposes
to restore. Notwithstanding the previous statements in this
footnote, the EPA may require individual states to revise their
programs or reopen permits where the EPA believes such actions would
be necessary to ensure the appropriate implementation of the program
or its permits.
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C. Comments and Responses

    As stated in the previous section, the proposed rule provided an
opportunity for comment on whether, on the sole basis that the removal
of the language in question was inadvertent, the language in question
should or should not be restored. The EPA provided a 60-day review and
comment period on the proposed rulemaking, which closed on May 28,
2013. A total of seven comment letters (three industry comment letters,
two citizen comment letters, one government agency comment letter, and
one environmental group comment letter) were received on the proposed
amendment to restore a sentence to the title V compliance certification
requirements that had been inadvertently removed from the rules in June
27, 2003. Three of the commenters opposed the amendment, three were
neutral about it, and one supported it. One commenter did not believe
the removal was inadvertent, but provided no specific reasoning or
evidence to support this general allegation; thus, we have no
additional response to this comment beyond the explanation already
provided here and in the proposal to support that the removal was
inadvertent. Another commenter explained that they ``assumed'' that EPA
had determined the ``other material information'' language was no
longer necessary or appropriate and that the removal of the language
was part of an overall effort to simplify rule language. However, as
explained repeatedly in this preamble, as well as in the preamble to
the proposal for this action, we provided no such explanation at the
time the sentence was removed, nor did we even note that we were
removing the sentence. In addition, the EPA's actions

since the removal demonstrate the EPA's consistent implementation of
the language restored in the rule. All these points support the EPA's
position that the removal was inadvertent.
    The EPA responded to comments on the substance of the inadvertently
removed text when the text was first promulgated, see ``Compliance
Assurance Monitoring Rulemaking (40 CFR Parts 64, 70, and 71) Responses
to Public Comments (Part III),'' October 2, 1997, available at http://www.epa.gov/ttnatw01/cam/rtcpart3.pdf, page 285. The following
discussion confirms our position on issues related to the substance of
the ``other material information'' text as explained in prior response
to comments, preambles to Federal Register documents, and various EPA
forms, permits, and guidance documents, and is consistent with the
restoration of the text we are finalizing.
1. The Necessity of the Amended Language
    Comment: One industry commenter states that it is not necessary or
useful for the EPA to add this additional language to 40 CFR 70.6 and
71.6. In fact, the commenter believes that the inclusion of this
language will be harmful in that it will create uncertainty and
confusion.
    The government agency commenter stated that the addition of the
proposed language would be redundant and would not provide any
additional clarification to the requirements under this section. The
commenter claims that it would instruct the owner/operator to include
items that are already required to be included by this section as
currently written.
    A citizen commenter was also concerned about the proposed language
being redundant and stated that: (a) Most title V permits already have
conditions that address this issue; (b) most state agencies have been
using the language whether it was/was not inadvertently left out of the
rule; and (c) the certifications required now by state agencies are
sufficient without additional language.
    The environmental group commenter supported the EPA's effort to
remind permit owners of their obligations while cautioning that the
disclosure duties discussed in the proposed rule exist independent of
the EPA's implementing regulations.
    Response: As stated earlier in this preamble, as well as in the
preamble to the proposal for this action, the regulatory requirement to
identify ``any other material information . . .'' was originally added
to the annual compliance certification requirements of parts 70 and 71
and promulgated in the context of a Compliance Assurance Monitoring
rulemaking on October 22, 1997 (62 FR 54900). Restoring the language at
issue to the regulatory text through this action only seeks to correct
what was an inadvertent error in the 2003 final rulemaking. As
explained, the EPA has not reversed or weakened this position in
subsequent actions. The restored language reflects the general
prohibition on knowingly making a false certification or omitting
material information that exists in the CAA, independent of any EPA
policy or previous rulemaking actions. As modified in the 1990 CAA
Amendments, section 113(c)(2) of the Act states that any person who
knowingly ``makes any false material statement, representation, or
certification in, or omits material information from, . . . any notice,
application, record, report, plan, or other document required pursuant
to this Act'' (emphasis added) is subject to fine or imprisonment, upon
conviction. The EPA believes that it is important to ensure sources are
on notice and understand the requirement to consider as part of their
compliance status any material information determined by methods other
than those identified in the permit. Moreover, for the sake of ensuring
clarity, the EPA believes that this duty should be included explicitly
in the part 70 and 71 compliance certification requirements.
    As also discussed earlier in this preamble and in the preamble to
the proposed rule, the EPA's OIG has indicated that the title V rules
should be amended to restore the ``other material information''
language to the regulatory requirements in order to improve the content
of annual compliance certifications.\13\ Therefore, the decision to
restore the regulatory text is responsive to the OIG's recommendation.
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    \13\ See footnote 9, supra.
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2. The Use of Material Information
    Comment: The environmental group requested that the agency clarify
that ``material'' information includes information known to the permit-
holder and pertinent to compliance status, ``whether or not that
information necessarily demonstrates a violation.'' An industry
commenter stated that including ``other material information'' in a
certification does not constitute a concession that the information is
``credible evidence'' of a violation. An industry commenter requested
that the agency acknowledge that nothing in the revised language
prohibits a responsible official from disputing the relevance or
``materiality'' of any identified information or reserving all rights
to challenge use of that information in an enforcement proceeding.
Another industry commenter made a similar comment and stated that the
EPA should acknowledge that companies may clarify the meaning of
``other material information'' included in a compliance certification
document and may dispute its materiality in subsequent proceedings.
    Response: In terms of the first and last comment, the agency agrees
that material information is not limited to information that
conclusively demonstrates a violation. The sentence restored states
that ``[i]f necessary, the owner or operator also shall identify any
other material information that must be included in the certification
to comply with section 113(c)(2) of the Act, which prohibits knowingly
making a false certification or omitting material information.'' As the
EPA explained in the preamble to the final 1997 CAM rulemaking, any
other material information known to the source owner/operator and
relevant to the source's compliance status--``i.e., information beyond
required monitoring that has been specifically assessed in relation to
how the information potentially affects compliance status''--must be
identified and addressed in the compliance certification submitted by
the responsible official, and in providing this explanation, the EPA
did not state that the information is limited to that which indicates
non-compliance (62 FR 54937). As explained in the Response to Comments
document accompanying the 1997 Compliance Assurance Monitoring Rule,
the owner or operator of a source must consider any other material
information in order to avoid submitting an incomplete, inaccurate, or
false certification.\14\ Thus, this other material information could
help in documenting whether compliance was continuous or intermittent
for the relevant certification period, consistent with Sec. Sec.
70.6(c)(5)(iii)(C) and 71.6(c)(5)(iii)(C).
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    \14\ ``Compliance Assurance Monitoring Rulemaking (40 CFR parts
64, 70, and 71) Responses to Public Comments (Part I), (Comments
Submitted in Response to Enhanced Monitoring Proposal),'' dated
October 2, 1997, available at http://www.epa.gov/ttnatw01/cam/rtcpart1.pdf (hereinafter, CAM Responses to Public Comments) Section
7.2.3 ``Use of Other Monitoring Data for Compliance
Certifications,'' page 192.
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    In response to industry commenters, the agency agrees that a
responsible official may provide an explanation concerning the
relevance of other material information when it is

submitted as part of the compliance certification for the source. At
the time of the submittal, the responsible official can explain the
relevance of any such information, including, but not limited to, cases
in which the responsible official believes the ``other material
information'' may be seen as in conflict with his conclusion regarding
whether compliance was continuous or intermittent.\15\ For example, we
have explained that the requirements of the Credible Evidence Revisions
rule ``continue[s] to rely on the established compliance method as the
benchmark for measuring compliance with the standard. The use of other
evidence to document a violation must take into account the averaging
requirements related to the data collected by such method, the
pollutant constituents measured by such method (e.g., the definition of
particulate matter included in Method 5), and any limitations as to the
conditions under which such tests may be conducted.'' \16\
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    \15\ CAM Response to Public Comments, Section 7.2.3 ``Use of
Other Monitoring Data for Compliance Certifications,'' pages 192-193
and Section 7.11.2 ``Deviations,'' page 208.
    \16\ ``Credible Evidence Rule Revisions: Response to Comments,''
Office of Enforcement and Compliance Assurance, U.S. Environmental
Protection Agency, dated February 1997, Section 2.1.6 ``Necessity
for a Rulemaking to Establish Compliance Test Methods,'' page 17.
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    The agency further agrees that merely including other material
information in a compliance certification does not constitute a
concession that the information is credible evidence of a violation.
    Comment: The government agency expressed concern that if the
proposed sentence is readopted, the interpretation of what is
additional information necessary for compliance--outside of what is
required by the permit--becomes arbitrary and up to interpretation by
the regulatory agency without recourse for the permitted entity. The
commenter further states that any inadvertent omission of additional
information (whether by oversight or not being aware of its relevance),
even though not required by the permit, would subject the facility to
enforcement action and imply the responsible official made a false
certification, holding him/her both criminally and civilly liable.
    A citizen commenter also expressed concern about the possibility of
criminal prosecution and monetary penalties as a result of knowingly
making a false certification.
    Response: As explained in the 2013 proposal and throughout this
preamble, the title V operating permits program functioned with this
language in place for some time before it was inadvertently removed and
has operated similarly since its removal. Moreover, the underlying
statutory language in section 113(c)(2) of the CAA has not changed.
Thus, restoring this language in the regulatory text does not change
what is required of permitted entities.
    Additionally, as previously explained in the 1997 Compliance
Assurance Monitoring rulemaking, the requirement to consider other
material information ``does not impose a duty on the owner or operator
to assess every possible piece of information that may have some
undetermined bearing on compliance'' (62 FR 54937). Under the existing
title V regulations, any application form, report, or compliance
certification is required to contain a certification by a responsible
official.\17\ This certification is required to state that based on
information and belief formed after reasonable inquiry, the statements
and information in the document are true, accurate, and complete. See
40 CFR 70.5(d) and 71.5(d). It is important to emphasize that,
consistent with this requirement, the agency has already explained that
it does not expect a certification to be based on absolute knowledge,
but rather reasonable inquiry. For example, the EPA has stated that the
compliance certification ``will be based on available information,
including monitoring and/or other compliance terms required in the
permit.'' \18\
---------------------------------------------------------------------------

    \17\ In the Part 70 proposal (56 FR 21712, May 10, 1991), we
stated that ``the certification, as well as all other documents
required under Part 70, must state that `to the best of the signer's
knowledge, information and belief formed after reasonable inquiry,
the statements and information in the compliance certification are
true, accurate and complete.' This language is similar to that in
Rule 11 of the Federal Rules of Civil Procedure, upon which it was
modeled. The provision makes clear that the signer must make a
reasonable (under the circumstances) inquiry before attesting to the
truth, accuracy, and completeness of the information and
statements.'' (56 FR 21734).
    \18\ ``White Paper Number 2 for Improved Implementation of The
Part 70 Operating Permits Program,'' Memorandum from Lydia N.
Wegman, Deputy Director, Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, to Air Division
Directors, March 5, 1996, page 33.
---------------------------------------------------------------------------

    Nothing in the current regulations precludes the submission of
material information discovered after a compliance certification is
filed. Additionally, the responsible official is encouraged to include
written explanations, graphs, and other information to clarify his/her
conclusions regarding the source's compliance status.
    In an explanation of the use of credible evidence in compliance
certifications in the Credible Evidence Revisions rule, the agency
emphasized that sources may not ignore obviously relevant information
in developing their compliance certifications (62 FR 8320). However, in
the same preamble, the agency also explained that it does not view
compliance certification requirements as imposing a duty on a source to
search out and review every possible document to determine its
relevance to a source's compliance (id).
3. Scope of Compliance Certifications
    Comment: The environmental group requested that the agency confirm
in the final rule that the compliance certification obligation applies
to all applicable requirements under the CAA--not just the specific
emissions limitations enumerated in a title V operating permit.
    Response: As discussed earlier in this preamble and in the preamble
to the proposal, the purpose of this rulemaking is to restore a
sentence to the compliance certification requirements that was
inadvertently removed from the rule language on June 27, 2003. The EPA
requested comment on whether, on the sole basis that the removal of the
language in question was inadvertent, the language in question should
or should not be restored. The comment raises an issue that is beyond
the scope of this rulemaking, and, consistent with the approach already
described, the EPA did not take this comment into consideration when
finalizing the rule. However, we note that the text restored is a part
of the existing regulation requiring annual (or more frequent)
certification addressing compliance of the source ``with terms and
conditions contained in the permit, including emission limitations,
standards, or work practices.'' 40 CFR 70.6(c)(5), 71.6(c)(5).
4. Rule Language Clarification Requested
    Comment: A citizen recommended that the proposed language be
revised to be more specific as to the information that needs to be
included.
    Response: As discussed earlier in this preamble and in the preamble
to the proposal, the purpose of this rulemaking is to restore a
sentence to the compliance certification requirements that was
inadvertently removed from the rule language on June 27, 2003. The EPA
requested comment on whether, on the sole basis that the removal of the
language in question was inadvertent, the language in question should
or should not be restored. The comment raises an issue that is beyond
the scope of this rulemaking, and, consistent with approach already
described, the EPA

did not take this comment into consideration when finalizing the rule.
However, we note that the EPA provides guidance on the information to
be included in compliance certification in several places, including in
the instructions to the Annual Compliance Certification form \19\ and
as further summarized in the recently issued memo regarding annual
compliance certification reporting.\20\
---------------------------------------------------------------------------

    \19\ Annual Compliance Certification (A-COMP), EPA Form 5900-04,
at pages 4-6, available at http://www.epa.gov/airquality/permits/pdfs/a-comp.pdf.
    \20\ Memorandum from Stephen D. Page, OAQPS Director, to
Regional Air Division Directors, Regions 1-10, Implementation
Guidance on Annual Compliance Certification Reporting and Statement
of Basis Requirements for Title V Operating Permits (April 30,
2014), available at http://www.epa.gov/Region7/air/title5/t5memos/20140430.pdf.
---------------------------------------------------------------------------

D. Final Action

    On March 29, 2013, the EPA proposed to restore the ``other material
information'' sentence that was inadvertently removed from the
operating permits program rules (found in 40 CFR parts 70 and 71) due
to an editing error. This error occurred in a June 27, 2003, final rule
(68 FR 38517) amending the compliance certification requirements in 40
CFR 70.6(c)(5)(iii)(B) and 71.6(c)(5)(iii)(B). The final 2003 rule
removed the following sentence from the end of paragraph (c)(5)(iii)(B)
of both sections: ``If necessary, the owner or operator also shall
identify any other material information that must be included in the
certification to comply with section 113(c)(2) of the Act, which
prohibits knowingly making a false certification or omitting material
information.'' This final rule restores this sentence to its former
position in both paragraphs.

IV. Statutory and Executive Order Reviews

    This final rule implements a technical correction to the Code of
Federal Regulations by adding a sentence that was inadvertently removed
in a prior rulemaking. It will not otherwise impose or amend any
requirements. The analysis below is consistent with the limited nature
of this rulemaking.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
The EPA is simply correcting the CFR to reinstate a sentence that was
inadvertently removed. However, the Office of Management and Budget
(OMB) has previously approved the information collection requirements
contained in the existing regulations at 40 CFR parts 70 and 71 under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.,
and has assigned OMB control numbers 2060-0243 and 2060-0336,
respectively. The OMB control numbers for the EPA's regulations in 40
CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedures
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations
and small governmental jurisdictions.
    For purposes of assessing the impacts of this final action on small
entities, small entity is defined as: (1) A small business as defined
in the U.S. Small Business Administration size standards at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; or (3) a small organization that is any
not-for-profit enterprise that is independently owned and operated and
is not dominant in its field.
    After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This final
rule will not impose any requirements on small entities. As explained
above, this final rule merely restores a sentence that was removed from
the rules inadvertently, and that reflects a requirement of the CAA;
thus, the final rule does not impose any new requirements on any
entities, either large or small.

D. Unfunded Mandates Reform Act

    This final rule contains no federal mandates under the provisions
of title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538 for state, local or tribal governments or the private
sector. This action imposes no enforceable duty on any state, local or
tribal governments or the private sector; it simply restores a sentence
removed from the rules because of erroneous amendatory language
contained in the June 27, 2003, amendments. Therefore, this action is
not subject to the requirements of sections 202 and 205 of the UMRA.
    This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. The sentence
restored in this action reflects a requirement of the CAA and was
removed inadvertently and, therefore, it does not impose new regulatory
requirements.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects 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, as
specified in Executive Order 13132. As explained previously, this final
rule merely restores a sentence removed from the rules inadvertently.
Thus, Executive Order 13132 does not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). As explained
previously, this final rule merely restores a sentence that reflects a
requirement of the CAA and was removed from the rules inadvertently.
Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying only to those regulatory actions that concern health
or safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTAA directs the EPA to
provide Congress, through the OMB, explanations when the agency decides
not to use available and applicable voluntary consensus standards.
    This final rulemaking does not involve technical standards.
Therefore, the EPA did not consider the use of any voluntary consensus
standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and as
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies and activities on minority populations and low-income
populations in the United States.
    The EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. As explained previously, this final rule merely restores a
sentence that reflects a requirement of the CAA and was removed from
the rules inadvertently.

K. Congressional Review Act

    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
U.S. The EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the U.S. prior to
publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective on August 27, 2014.

L. Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the District of Columbia Circuit within 60 days from the date this
action is published in the Federal Register. Filing a petition for
reconsideration by the Administrator of this final action 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
must be filed, and shall not postpone the effectiveness of this action.

List of Subjects

40 CFR Part 70

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

40 CFR Part 71

    Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements.

    Dated: July 21, 2014.
Gina McCarthy,
Administrator.
    Therefore, 40 CFR parts 70 and 71 are amended as follows:

PART 70--STATE OPERATING PERMIT PROGRAMS

0
1. The authority citation for part 70 continues to read as follows:

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

0
2. In Sec.  70.6, revise paragraph (c)(5)(iii)(B) to read as follows:

Sec.  70.6  Permit content.

* * * * *
    (c) * * *
    (5) * * *
    (iii) * * *
    (B) The identification of the method(s) or other means used by the
owner or operator for determining the compliance status with each term
and condition during the certification period. Such methods and other
means shall include, at a minimum, the methods and means required under
paragraph (a)(3) of this section. If necessary, the owner or operator
also shall identify any other material information that must be
included in the certification to comply with section 113(c)(2) of the
Act, which prohibits knowingly making a false certification or omitting
material information;
* * * * *

PART 71--FEDERAL OPERATING PERMIT PROGRAMS

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

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

0
4. In Sec.  71.6, revise paragraph (c)(5)(iii)(B) to read as follows:

Sec.  71.6  Permit content.

* * * * *
    (c) * * *
    (5) * * *
    (iii) * * *
    (B) The identification of the method(s) or other means used by the
owner or operator for determining the compliance status with each term
and condition during the certification period. Such methods and other
means shall include, at a minimum, the methods and means required under
paragraph (a)(3) of this section. If necessary, the owner or operator
also shall identify any other material information that must be
included in the certification to comply with section 113(c)(2) of the
Act, which prohibits knowingly making a false certification or omitting
material information;
* * * * *

[FR Doc. 2014-17680 Filed 7-25-14; 8:45 am]
BILLING CODE 6560-50-P


4,002
1
,383
2
,619
1
,432
60
3
8
29
1,200
4
98
7
0
2
1
9
9
8
5
,438
2,000
3
,438
3,947
1
,366
2
,581
1
,491
63
4
8
57
1,290
5
36
7
5
4
199
9
(3)
4
,657
1,620
3
,037
3,328
1
,046
2
,282
1
,329
57
4
7
55
1,145
4
81
6
6
4
2
0
0
0
4
,487
1,632
2
,855
3,144
1
,057
2
,087
1
,343
57
5
7
68
1,158
4
81
6
7
7
2
0
0
1
4
,269
1,479
2
,790
2,990
9
37
2
,053
1
,279
54
2
7
37
1,108
4
59
6
4
9
2
0
0
2
4
,261
1,580
2
,681
3,014
1
,017
1
,997
1
,247
56
3
6
84
1,096
4
97
5
9
9
2
0
0
3
4
,099
1,493
2
,606
2,888
9
61
1
,927
1
,211
53
2
6
79
1,030
4
45
5
8
5
SOURCE: NATIONAL CENTER FOR HEALTH STATISTICS, FINAL VITAL STATISTICS REPORT 1979-2003
NOTES:
(1) ALL RACES OTHER THAN WHITE.
(2) DEATHS FROM 1979-1998 ARE CODED BY THE 9TH REVISION OF INTERNATIONAL CLASSIFICATION OF DISEASES, CODE 493.
(3) DEATHS FROM 1999-2003 ARE CODED BY THE 10TH REVISION OF INTERNATIONAL CLASSIFICATION OF DISEASES, CODE J45

TABLE 2: ASTHMA - AGE-ADJUSTED DEATH RATE PER 100,000 POPULATION, BY RACE & SEX
19
79-19
98, 1999-2003
(1,2)
ALL OTHER
(3)
TOTAL
WHITE
TOTAL
BLACK
BOTH
BOTH
BOTH
BOTH
YEAR
SEXES
MALE
FEMALE
SEXES
MALE
FEMALE
SEXES
MALE
FEMALE
SEXES
MALE
FEMALE
19
79
(4)
0
.
9
0
.9
0.9
0
.8
0.8
0
.8
1.8
1
.8
1.8
1
.9
1
.
9
2
.
0
19
80
1
.
0
1
.0
1.0
0
.8
0.8
0
.8
2.0
2
.1
1.9
2
.2
2
.
2
2
.
2
19
81
1
.
0
1
.0
1.1
0
.9
0.8
0
.9
2.1
2
.2
1.9
2
.3
2
.
4
2
.
1
19
82
1
.
0
1
.0
1.1
0
.9
0.8
0
.9
2.2
2
.3
2.2
2
.5
2
.
5
2
.
5
19
83
1
.
2
1
.1
1.3
0
.9
0.9
1
.0
2.5
2
.5
2.5
2
.8
2
.
8
2
.
8
19
84
1
.
1
1
.1
1.2
1
.0
0.9
1
.0
2.3
2
.4
2.3
2
.6
2
.
5
2
.
6
19
85
1
.
2
1
.1
1.3
1
.0
0.9
1
.2
2.5
2
.6
2.3
2
.8
3
.
0
2
.
7
19
86
1
.
2
1
.1
1.3
1
.0
0.9
1
.1
2.6
2
.5
2.7
2
.9
2
.
9
3
.
0
19
87
1
.
3
1
.2
1.4
1
.1
1.0
1
.2
2.9
2
.9
2.8
3
.2
3
.
3
3
.
2
19
88
1
.
4
1
.2
1.5
1
.1
1.0
1
.2
3.0
3
.1
3.0
3
.5
3
.
5
3
.
4
19
89
1
.
4
1
.2
1.6
1
.2
1.0
1
.3
2.8
2
.8
2.9
3
.3
3
.
2
3
.
3
19
90
1
.
4
1
.3
1.5
1
.2
1.0
1
.3
2.9
3
.0
2.8
3
.4
3
.
5
3
.
3
19
91
1
.
5
1
.3
1.6
1
.2
1.0
1
.4
3.0
3
.0
3.0
3
.5
3
.
5
3
.
5
19
92
1
.
4
1
.2
1.5
1
.1
0.9
1
.3
2.8
2
.8
2.9
3
.3
3
.
1
3
.
5
19
93
1
.
4
1
.3
1.6
1
.2
1.0
1
.3
2.9
2
.8
3.0
3
.5
3
.
3
3
.


[Federal Register: March 11, 2009 (Volume 74, Number 46)]
[Notices]
[Page 10567]
[DOCID:fr11mr09-55]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2165-022]

Alabama Power Company; Notice of Availability of Final
Environmental Assessment

March 2, 2009.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office
of Energy Projects has reviewed the application for a New Major License
for the Warrior River Hydroelectric Project, which includes the Lewis
Smith and Bankhead developments.
    The Lewis Smith development is located in north central Alabama in
the headwaters of the Black Warrior River on the Sipsey Fork in
Cullman, Walker, and Winston Counties. The Bankhead development is
located in west central Alabama downstream of the Lewis Smith
development, on the Black Warrior River in Tuscaloosa County. The Lewis
Smith development occupies 2,691.44 acres of Federal lands administered
by the U.S. Forest Service, and the Bankhead development occupies 18.7
acres of Federal lands administered by the Bureau of Land Management.
Staff has prepared a final Environmental Assessment (EA) for the
project.
    The final EA contains staff's analysis of the potential
environmental effects of the project and concludes that relicensing the
project, with appropriate environmental protective measures, would not
constitute a major federal action that would significantly affect the
quality of the human environment.
    A copy of the final EA is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at 1-866-208-3676, or for TTY,
(202) 502-8659. You may also register online at http://www.ferc.gov/
docs-filing/esubscription.asp to be notified via e-mail of new filings
and issuances related to this or other pending projects. For
assistance, contact FERC Online Support.
    For further information, please contact Janet Hutzel at (202) 502-
8675 or at<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
 [FR Doc. E9-5214 Filed 3-10-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Rules and Regulations]
[Page 66694]
[FR Doc No: 2023-21520]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 1054

Control of Emissions From New, Small Nonroad Spark-Ignition
Engines and Equipment

CFR Correction

    This rule is being published by the Office of the Federal Register
to correct an editorial or technical error that appeared in the most
recent annual revision of the Code of Federal Regulations.

0
In Title 40 of the Code of Federal Regulations, Parts 1000 to 1059,
revised as of July 1, 2023, in Sec.  1054.801, remove the second
definition of ``Equipment manufacturer'' and place the remaining
definition in alphabetical order, and reinstate the definition of
``Engine manufacturer'' in alphabetical order to read as follows:

Sec.  1054.801  What definitions apply to this part?

* * * * *
    Engine manufacturer means the manufacturer of the engine. See the
definition of ``manufacturer'' in this section.
* * * * *
[FR Doc. 2023-21520 Filed 9-27-23; 8:45 am]
BILLING CODE 0099-10-P


[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Notices]
[Pages 43492-43493]
[FR Doc No: 2014-17543]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0086]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approval; Potential Tobacco Product Violations
Reporting Form

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
collection of information entitled ``Potential Tobacco Product
Violations Reporting Form'' has been approved by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On May 14, 2014, the Agency submitted a
proposed collection of information entitled ``Potential Tobacco Product
Violations Reporting Form'' to OMB for review and clearance under 44
U.S.C. 3507. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. OMB has now approved the
information collection and has assigned OMB control number 0910-0716.
The approval expires on July 31, 2017. A copy of the supporting
statement for this information collection is available on the Internet
at http://www.reginfo.gov/public/do/PRAMain.

    Dated: July 18, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-17543 Filed 7-24-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Rules and Regulations]
[Pages 43925-43928]
[FR Doc No: 2015-17935]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0679; Directorate Identifier 2013-NM-182-AD;
Amendment 39-18211; AD 2015-15-02]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2012-13-06,
for all Airbus Model A300 series airplanes and all Model A300 B4-600,
B4-600R, and F4-600R series airplanes, and Model A300 C4-605R Variant F
airplanes (collectively called Model A300-600 series airplanes). AD
2012-13-06 required a one-time detailed inspection to determine the
length of the fire shut-off valve (FSOV) bonding leads and for contact
or chafing of the wires, and corrective actions if necessary. This new
AD requires a new one-time detailed inspection of the FSOV bonding
leads to ensure that the correct bonding leads are inspected, and
corrective action if necessary. This AD was prompted by a determination
that the description of the inspection area specified in the service
information was misleading; therefore, some operators might have
inspected incorrect bonding leads. We are issuing this AD to detect and
correct contact or chafing of wires and the bonding leads, which, if
not detected, could be a source of sparks in the wing trailing edge,
and could lead to an uncontrolled engine fire.

DATES: This AD becomes effective August 28, 2015.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 28,
2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-0679; or in person at the
Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
    For service information identified in this AD, contact Airbus SAS,
Airworthiness Office--EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac
Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51;
email<EMAIL_ADDRESS>Internet http://www.airbus.com.
You may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>. It
is also available on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2015-0679.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA

98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2012-13-06, Amendment 39-17108 (77 FR 40485,
July 10, 2012). AD 2012-13-06 applied to all Airbus Model A300 series
airplanes and all Model A300 B4-600, B4-600R, and F4-600R series
airplanes, and Model A300 C4-605R Variant F airplanes (collectively
called Model A300-600 series airplanes). The NPRM published in the
Federal Register on March 31, 2015 (80 FR 17003). The NPRM was prompted
by a determination that the description of the inspection area
specified in the service information was misleading; therefore, some
operators might have inspected incorrect bonding leads. The NPRM
proposed to require a new one-time detailed inspection of the FSOV
bonding leads to ensure that the correct bonding leads are inspected,
and corrective action if necessary. We are issuing this AD to detect
and correct contact or chafing of wires and the bonding leads, which,
if not detected, could be a source of sparks in the wing trailing edge,
and could lead to an uncontrolled engine fire.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2013-0204, dated September 6, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition. The MCAI states:

    During a scheduled maintenance check, one operator reported
inoperative Fire Shut Off Valve (FSOV). Investigations showed damage
at wire located between engine 2 hydraulic FSOV and wing rear spar,
in the zones 575/675, and at bonding lead, located between wing rib
7A and rib 8 below hydraulic pressure lines.
    Similar inspections on different aeroplanes have shown that one
of the causes of damage is the contact between bonding lead and the
harness, due to over length of the bonding lead.
    This condition, if not detected and corrected, could lead to
either:

--A potential explosive condition on-ground if the FSOV, that is
installed in fuel vapor zone is commanded to close position, or
--a temporary uncontrolled engine fire, if combined with a fire
event in the nacelle fed by an hydraulic leakage and not controlled
by the fire extinguishing system.

    As the affected wire is not powered during normal operation, no
defect can be detected unless a test is performed on the FSOV during
maintenance check.
    EASA issued AD 2011-0084 [http://ad.easa.europa.eu/blob/easa_ad_2011_0084.pdf/AD_2011-0084_Superseded] which required a one-
time [detailed] inspection of the wires [for contact or chafing]
located between [LH/RH] engines hydraulic FSOV and wing rear spar in
the zones 575/675, and the bonding lead [for length] that is located
between rib 7A and rib 8 below hydraulic pressure lines, and
corrective actions [repair of wires or replacement of bonding leads]
depending on findings.
    It appeared that the original issue of the Airbus inspection
Service Bulletins (SB's) as well as EASA AD 2011-0084 might have
caused possible misunderstandings on the exact bonding leads and
wires that are required to be inspected.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2011-0084, which is superseded, and requires
additional work on aeroplanes that have already been inspected in
accordance with the instructions of the original issue of the SB's.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-0679-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (80 FR 17003, March 31,
2015) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (80 FR 17003, March 31, 2015) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (80 FR 17003, March 31, 2015).

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A300-24-0106, Revision 01, dated
March 26, 2013 (for Model A300 series airplanes); and Service Bulletin
A300-24-6108, Revision 01, dated March 26, 2013 (for Model A300-600
series airplanes). The service information describes procedures for
inspecting the FSOV bonding leads, corrective actions, and repair of
the associated wires. This service information 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
of this AD.

Costs of Compliance

    We estimate that this AD affects 123 airplanes of U.S. registry.
    We estimate that it takes about 8 work-hours per product to comply
with the basic requirements of this AD. The average labor rate is $85
per work-hour. Required parts cost about $500 per product. Based on
these figures, we estimate the cost of this AD on U.S. operators to be
$145,140, or $1,180 per product.
    In addition, we estimate that any necessary follow-on actions take
about 1 work-hour and require parts costing $50, for a cost of $135 per
product. We have no way of determining the number of products that may
need these actions.

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.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will 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 that this AD:
    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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-0679; or in person at the
Docket Management Facility between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this AD, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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)
2012-13-06, Amendment 39-17108 (77 FR 40485, July 10, 2012), and adding
the following new AD:

2015-15-02 Airbus: Amendment 39-18211. Docket No. FAA-2015-0679;
Directorate Identifier 2013-NM-182-AD.

(a) Effective Date

    This AD becomes effective August 28, 2015.

(b) Affected ADs

    This AD replaces AD 2012-13-06, Amendment 39-17108 (77 FR 40485,
July 10, 2012).

(c) Applicability

    This AD applies to the airplanes specified in paragraphs (c)(1),
(c)(2), and (c)(3) of this AD, certificated in any category, all
manufacturer serial numbers.
    (1) Airbus Model A300 B2-1A, B2-1C, B2K-3C, B2-203, B4-2C, B4-
103, and B4-203 airplanes.
    (2) Airbus Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R,
B4-622R, F4-605R, and F4-622R airplanes.
    (3) Airbus Model A300 C4-605R Variant F airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that the description of
the inspection area specified in the service information was
misleading; therefore, some operators might have inspected incorrect
bonding leads. We are issuing this AD to detect and correct contact
or chafing of wires and the bonding leads, which, if not detected,
could be a source of sparks in the wing trailing edge, and could
lead to an uncontrolled engine fire.

(f) Compliance

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

(g) Inspection of the Fire Shut-Off Valve (FSOV) Bonding Leads

    At the applicable time specified in paragraph (g)(1) or (g)(2)
of this AD: Do a one-time detailed inspection to determine the
length of the FSOV bonding leads, and to detect contact or chafing
of the wires located on the left-hand (LH) and right-hand (RH) sides
of the wing rear spar, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A300-24-0106, Revision 01,
dated March 26, 2013 (for Model A300 series airplanes); or Airbus
Service Bulletin A300-24-6108, Revision 01, dated March 26, 2013
(for Model A300-600 series airplanes); as applicable.
    (1) For airplanes on which the inspection required by paragraph
(g) of AD 2012-13-06, Amendment 39-17108 (77 FR 40485, July 10,
2012), has not been done as of the effective date of this AD:
Inspect within 4,500 flight hours or 30 months after August 14, 2012
(the effective date of AD 2012-13-06), whichever occurs first.
    (2) For airplanes on which the inspection required by paragraph
(g) of AD 2012-13-06, Amendment 39-17108 (77 FR 40485, July 10,
2012), has been done as of the effective date of this AD: Inspect
within 4,500 flight hours or 30 months after the effective date of
this AD, whichever occurs first.

(h) Corrective Action for FSOV Bonding Leads

    If, during the inspection required by paragraph (g) of this AD,
the length of the bonding lead(s) is more than 80 millimeters (mm)
(3.15 inches): Before further flight, replace the bonding lead(s)
with a new bonding lead having a length equal to 80 mm
2 mm (3.15 inches)  0.08 inch, in accordance with the
Accomplishment Instructions of the applicable service information
identified in paragraph (g) of this AD.

(i) Repair of the Wires of the LH and RH Sides

    If, during the inspection required by paragraph (g) of this AD,
any contact or chafing of the wires is found, repair the wires
before further flight, in accordance with the Accomplishment
Instructions of the applicable service information identified in
paragraph (g) of this AD.

(j) Parts Installation Prohibition

    As of August 14, 2012 (the effective date of AD 2012-13-06,
Amendment 39-17108 (77 FR 40485, July 10, 2012), no person may
install any bonding lead longer than 80 mm  2 mm (3.15
inches)  0.08 inch, located between the LH/RH engine
hydraulic FSOV and wing rear spar in zones 575/675 on any airplane.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 Branch, send it to ATTN: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. 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. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the European Aviation Safety Agency
(EASA); or Airbus's EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.

(l) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
EASA Airworthiness Directive 2013-0204, dated September 6, 2013, for
related information. This MCAI may be found in the AD docket on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2015-0679.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
August 28, 2015.
    (i) Airbus Service Bulletin A300-24-0106, Revision 01, dated
March 26, 2013.
    (ii) Airbus Service Bulletin A300-24-6108, Revision 01, dated
March 26, 2013.
    (4) For service information identified in this AD, contact
Airbus SAS, Airworthiness

Office--EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex,
France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email
<EMAIL_ADDRESS>Internet http://www.airbus.com.
    (5) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (6) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on July 10, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-17935 Filed 7-23-15; 8:45 am]
 BILLING CODE 4910-13-P


P-21-0039-0041 Sanitized Support Documents Index:
 P-21-0039 Sanitized Premanufacture Notice (linked)
 P-21-0040 Sanitized Premanufacture Notice (linked)
 P-21-0041 Sanitized Premanufacture Notice (linked)
 P-21-0039-0041 Sanitized Determination Document (linked)
 P-21-0039 Sanitized CHEM Report (attached)
 P-21-0040 Sanitized CHEM Report (attached)
 P-21-0041 Sanitized CHEM Report (attached)
 P-21-0039 Sanitized ECO Report (attached)
 P-21-0040 Sanitized ECO Report (attached)
 P-21-0041 Sanitized ECO Report (attached)
 P-21-0039-0041 Sanitized ENG Report (attached)
 P-21-0039 Sanitized EXP Report (attached)
 P-21-0040-0041 Sanitized EXP Report (attached)
 P-21-0039 Sanitized Fate Report (attached)
 P-21-0040 Sanitized Fate Report (attached)
 P-21-0041 Sanitized Fate Report (attached)
 P-21-0039-0041 Sanitized HLTH Report_POST-FOCUS FINAL (attached)


TABLE 1 AVERAGE ANNUAL EPA RESOURCE REQUIREMENT NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS ( NESHAP) SUBPART F  VINYL CHLORIDE REPORTING/ RECORDKEEPING REQUIREMENT EPA Hours/

Occurence ( A) Occurences / Plant/ Year ( B) EPA Hrs/ Yr ( C)

A x B Plants/ Year ( D) EPA Hrs/ Yr ( E)

C x D INITIAL PERFORMANCE TESTS New or Modified Facility 24 1 24 0 0 REPEAT PERFORMANCE TEST New or Modificed Facility 24 0.2 4.8 0 0 REPORT REVIEW New or Modified Facility Notification of Construction/ Reconstruction 1 1 1 0 0 Notificaiton of Anticipated Srartup 0.5 1 0.5 0 0 Notification of Actual Startup 0.5 1 0.5 0 0 Notification of Emissions Testing 0.5 1 0.5 0 0 Notification of Physical or Operational Change 0.5 1 0.5 0 0 Emissions Test Report 24 1 24 0 0 Application for Waiver of Testing 24 1 24 0 0 Application for Equivalency 24 1 24 0 0 Initial report 24 1 8 0 0 Quarterly report 4 4 16 44 704 MVV/ RVD report 24 3 72 44 3168 TOTAL ANNUAL HOURS/ DIREST PERSONNEL COST 3872 SALARY BURDEN ( per year)

1 person x 3872 hrs/ yr x $ 36.86/ h = $ 142,721.92 TOTAL ANNUAL BURDEN Assumptions Number of new plants 0 Rate of failed performance tests 20%

Time required to participate with performance test ( per plant) 24 Time require to review construction notification ( hours) 1 Time required to review startup and initial test notifications ( hours) 0.5 Time required to review performance test ( emission test) results ( hours) 24 Time required to review application for waiver of testing ( hours) 24 Time required to review application of equivalency 24 Time required to review initial report 8 Time required to review quarterly report ( hours) 4 Time required to review MVV/ RVD report ( hours) 24 EPA labor rate $ 36.86 Percentage of new plant visits 100%

* Asssume 20% of initial performance test must be repeated due to failure.

* Assume an houly wage of $ 17.55 plus 110% overhead costs which equals $ 36.86. DE


[Federal Register Volume 85, Number 187 (Friday, September 25, 2020)]
[Rules and Regulations]
[Pages 60368-60370]
[FR Doc No: 2020-21107]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2019-0692; FRL-10014-38]

Aspergillus flavus NRRL 21882; Amendment to an Exemption From the
Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation amends the existing tolerance exemptions for
residues of Aspergillus flavus NRRL 21882 in or on corn and peanut
commodities by clarifying that the exemption covers all food and feed
commodities of these crops and by establishing an exemption for all
food and feed commodities of almond and pistachio. Syngenta Crop
Protection, LLC submitted a petition to EPA under the Federal Food,
Drug, and Cosmetic Act (FFDCA), requesting that EPA amend the existing
tolerance exemption for Aspergillus flavus NRRL 21882. This regulation
eliminates the need to establish a maximum permissible level for
residues of Aspergillus flavus NRRL 21882 on these crops.

DATES: This regulation is effective September 25, 2020. Objections and
requests for hearings must be received on or before November 24, 2020
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2019-0692, is available at
https://www.regulations.gov or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) in the EPA Docket Center (EPA/
DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution
Ave. NW, Washington, DC 20460-0001. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Anne Overstreet, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; main telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
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).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Publishing Office's e-CFR site at
https://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2019-0692 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing and must be received by the Hearing Clerk on or before
November 24, 2020. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2019-0692, by one of
the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.

     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets/about-epa-dockets.

II. Background

    In the Federal Register of February 10, 2020 (85 FR 7499) (FRL-
10004-54), EPA issued a document pursuant to FFDCA section 408(d)(3),
21 U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
exemption petition (PP 9F8780) by Syngenta Crop Protection, LLC, 410
South Swing Rd., Greensboro, NC 27409. The petition requested that 40
CFR 180.1254 be amended by establishing an exemption from the
requirement of a tolerance for residues of the fungicide Aspergillus
flavus NRRL 21882 in or on almond and pistachio. That document
referenced a summary of the petition prepared by the petitioner
Syngenta Crop Protection, LLC and is available in the docket via
https://www.regulations.gov. No comments were received on the notice of
filing.
    Since the time the original notice of filing was published, the
petitioner provided a revised petition requesting a revision to the
existing tolerance exemption to include all food and feed commodities
of almond; corn, field; corn, pop; corn, sweet; peanut; and pistachio.
In order to give the public an opportunity to comment on this new
information, EPA published its receipt of this revised petition in the
Federal Register of June 1, 2020 (85 FR 33059) (FRL-10009-29) and
placed a revised petition from Syngenta Crop Protection, LLC into the
docket. No comments were received in response to the republished notice
of filing.

III. Final Rule

A. EPA's safety determination

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement of a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings but does not include
occupational exposure. Pursuant to FFDCA section 408(c)(2)(B), in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
FFDCA section 408(b)(2)(C), which require EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance or tolerance exemption and
to ``ensure that there is a reasonable certainty that no harm will
result to infants and children from aggregate exposure to the pesticide
chemical residue. . . .'' Additionally, FFDCA section 408(b)(2)(D)
requires that EPA consider ``available information concerning the
cumulative effects of [a particular pesticide's] . . . residues and
other substances that have a common mechanism of toxicity.''
    EPA evaluated the available toxicological and exposure data on
Aspergillus flavus NRRL 21882 and considered their validity,
completeness, and reliability, as well as the relationship of this
information to human risk. A full explanation of the data upon which
EPA relied can be found in the preamble to the 2004 tolerance exemption
in the Federal Register of June 30, 2004 (69 FR 39341) (FRL-7364-2) and
in its risk assessment entitled ``Federal Food, Drug, and Cosmetic Act
(FFDCA) Safety Determination for Aspergillus flavus NRRL 21882''
(Safety Determination Document). The Safety Determination Document, as
well as other relevant information, is available in the docket for this
action as described under ADDRESSES. Based upon its evaluation in the
Safety Determination Document, EPA concludes that there is a reasonable
certainty that no harm will result to the U.S. population, including
infants and children, from aggregate exposure to residues of
Aspergillus flavus NRRL 21882.

B. Analytical Enforcement Methodology

    An analytical method is not required for Aspergillus flavus NRRL
21882 because EPA is amending an exemption from the requirement of a
tolerance without any numerical limitation.

IV. Conclusion

    Therefore, the existing tolerance exemption for Aspergillus flavus
NRRL 21882 is amended by establishing an exemption from the requirement
of tolerance for residues of Aspergillus flavus NRRL 21882 in or on all
food and feed commodities of almond; corn, field; corn, pop; corn,
sweet; peanut; and pistachio when used in accordance with label
directions and good agricultural practices.

V. Statutory and Executive Order Reviews

    This action modifies and establishes tolerance exemptions under
FFDCA section 408(d) in response to a petition submitted to EPA. The
Office of Management and Budget (OMB) has exempted these types of
actions from review under Executive Order 12866, entitled ``Regulatory
Planning and Review'' (58 FR 51735, October 4, 1993). Because this
action has been exempted from review under Executive Order 12866, this
action is not subject to Executive Order 13211, entitled ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001), or Executive Order
13045, entitled ``Protection of Children from Environmental Health
Risks and Safety Risks'' (62 FR 19885, April 23, 1997), nor is it
considered a regulatory action under Executive Order 13771, entitled
``Reducing Regulations and Controlling Regulatory Costs'' (82 FR 9339,
February 3, 2017). This action does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act,
44 U.S.C. 3501 et seq., nor does it require any special considerations
under Executive Order 12898, entitled ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are modified on the basis of a
petition under FFDCA section 408(d), such as the tolerance exemption in
this action, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or Tribes. As a result, this
action does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, EPA determined that this action
will not have a substantial direct effect on States or Tribal
governments, on the relationship between the National Government and
the States or Tribal governments, or on the distribution of power and
responsibilities among the various levels of government or between the
Federal Government and Indian Tribes. Thus, EPA determined that
Executive Order 13132, entitled

``Federalism'' (64 FR 43255, August 10, 1999), and Executive Order
13175, entitled ``Consultation and Coordination with Indian Tribal
Governments'' (65 FR 67249, November 9, 2000), do not apply to this
action. In addition, this action does not impose any enforceable duty
or contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require EPA's consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (15 U.S.C. 272 note).

VI. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: September 17, 2020.
Jean Overstreet,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Revise Sec.  180.1254 to read as follows:

Sec.  180.1254  Aspergillus flavus NRRL 21882; exemption from the
requirement of a tolerance.

    Residues of Aspergillus flavus NRRL 21882 are exempt from the
requirement of a tolerance in or on all food and feed commodities of
almond; corn, field; corn, pop; corn, sweet; peanut; and pistachio when
used in accordance with label directions and good agricultural
practices.

[FR Doc. 2020-21107 Filed 9-24-20; 8:45 am]
BILLING CODE 6560-50-P