[Federal Register Volume 81, Number 173 (Wednesday, September 7, 2016)]
[Proposed Rules]
[Page 61639]
[FR Doc No: 2016-21371]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2016-0132]
RIN 1625-AA01

Anchorage Grounds, Hudson River; Yonkers, NY to Kingston, NY

AGENCY: Coast Guard, DHS.

ACTION: Advance notice of proposed rulemaking; change in comment
period.

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SUMMARY: The Coast Guard is changing the comment period on the advance
notice of proposed rulemaking (ANPRM) it published June 9, 2016,
regarding anchorage grounds on the Hudson River from Yonkers, NY, to
Kingston, NY. Comments will now be due on or before December 6, 2016
instead of September 7, 2016. As of August 29, 2016, the Coast Guard
has received more than 2,100 public submissions from many interested
persons commenting on the ANPRM. We are extending the comment period to
continue encouraging this important public discussion.

DATES: Comments and related material must be received by the Coast
Guard on or before December 6, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0132 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email Mr. Craig Lapiejko, Waterways Management Branch
at Coast Guard First District, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Acronyms

ANPRM Advance notice of proposed rulemaking
DHS Department of Homeland Security
FR Federal Register

A. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received due on or before
December 6, 2016. Your comments can help shape the outcome of this
possible rulemaking. If you submit a comment, please include the docket
number for this rulemaking, indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in the ANPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. For illustrations showing the locations of anchorage
grounds being considered in the ANPRM, look for the documents in the
Supporting & Related Material category. Additionally, if you go to the
online docket and sign up for email alerts, you will be notified when
comments are posted and if we publish rulemaking documents related to
the ANPRM.

B. Basis and Purpose

    The Coast Guard is responsible for considering adjustments to
improve navigational and environmental safety of waterways, including
those requested by groups of mariners. On June 9, 2016, the Coast Guard
published an ANPRM in the Federal Register (81 FR 37168) entitled
Anchorage Grounds, Hudson River; Yonkers, NY, to Kingston, NY. With its
publication, we initiated the early stage of a methodical and public
rulemaking process to learn all possible navigational, environmental,
terrestrial, and other effects of adding anchorages on the Hudson
River. The ANPRM is a preliminary step, the goal of which is to gather
information that defines the multiple stakeholder considerations we
need to incorporate when considering proposed rule for potential
anchorage grounds. This ANPRM solicitation has generated more than
2,100 public submissions with comments on the subject from many diverse
stakeholders. This wide-ranging feedback is very helpful. To continue
encouraging this important public discussion, we are adding an
additional 90 days to the comment period.

C. Information Requested

    Public participation is requested to assist in determining the best
way forward with respect to establishing new anchorage grounds on the
Hudson River between Yonkers, NY, to Kingston, NY. To aid us in
developing a possible proposed rule, we seek any comments, whether
positive or negative, including but not limited to the impacts
anchorage grounds may have on navigation safety and current vessel
traffic in this area, the proposed number and size of vessels anchoring
in each proposed anchorage ground, and the authorized duration for each
vessel in each proposed anchorage ground. We are also seeking comments
on any additional locations where anchorage grounds may be helpful on
the Hudson River or any recommended alterations to the specific
locations considered in this notice. Please submit any comments or
concerns you may have in accordance with the ``Public Participation and
Request for Comments'' section above.

    Dated: August 31, 2016.
Steven D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2016-21371 Filed 9-6-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 61 (Wednesday, March 30, 2011)]
[Proposed Rules]
[Pages 17599-17607]
[FR Doc No: 2011-7467]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2011-0304 FRL-9288-1]

Approval and Promulgation of Implementation Plans; State of
Kansas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve the State Implementation Plan
(SIP) submittal from the State of Kansas addressing the requirements of
Clean Air Act (CAA) sections 110(a)(1) and (2) for the 1997 revisions
to the National Ambient Air Quality Standards (NAAQS) for ozone.
Section 110(a)(1) requires that each state adopt and submit a SIP to
support implementation of each new or revised NAAQS promulgated by the
EPA and these SIPs are commonly referred to as ``infrastructure'' SIPs.
EPA believes that Kansas' infrastructure SIP adequately addresses the
elements described in section 110(a)(2) and further described in the
October 2, 2007 guidance for infrastructure SIPs issued by the EPA
Office of Air Quality Planning and Standards. However, because EPA
already approved the portion of Kansas' SIP submittal relating to the
interstate transport infrastructure element, section 110(a)(2)(D)(i),
this proposed rulemaking does not address the interstate transport
element, nor does this proposal reopen any aspect of EPA's prior action
on the interstate transport element. Furthermore, this action does not
address infrastructure requirements with respect to the 1997
PM2.5 NAAQS or the 2006 revisions to the NAAQS. Those
requirements will be addressed in future rulemaking.

DATES: Comments must be received on or before April 29, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2011-0304 by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Mail: Ms. Elizabeth Kramer, Air Planning and Development Branch,
U.S. Environmental Protection Agency, Region 7, Air and Waste
Management Division, 901 North 5th Street, Kansas City, Kansas 66101.
    4. Hand Delivery or Courier: Deliver your comments to Ms. Elizabeth
Kramer, Air Planning and Development Branch, U.S. Environmental
Protection Agency, Region 7, Air and Waste Management Division, 901
North 5th Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2011-0304. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://www.regulations.gov or e-mail information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and should be
free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, 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 U.S. Environmental
Protection Agency, Region 7, 901 North 5th Street, Kansas City, Kansas
66101, from 8 a.m. until 4:30 p.m., Monday through Friday, excluding
legal holidays. The interested persons wanting to examine these
documents should make an appointment with the office at least 24 hours
in advance.

FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Kramer, Air Planning and
Development Branch, U.S. Environmental Protection Agency, Region 7, 901
North 5th Street, Kansas City, Kansas 66101; telephone number: (913)
551-7186; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we refer to EPA. This section provides
additional

information by addressing the following questions:

I. What is a section 110(a)(1) and (2) infrastructure SIP?
II. What elements are applicable under section 110(a)(1) and (2)?
III. What is EPA's evaluation of how the state addressed the
relevant elements of section 110(a)(1) and (2)?
IV. What action is EPA proposing?
V. Statutory and Executive Order Reviews

I. What is a section 110(a)(1) and (2) infrastructure SIP?

    Section 110(a)(1) and (2) of the CAA require, in part, that states
submit to EPA plans to implement, maintain and enforce each of the
NAAQS promulgated by EPA. These provisions require states to address
basic SIP requirements including, for example, adequate provisions for
emission inventory development, monitoring, and modeling to assure
attainment and maintenance of the applicable standards. By statute,
SIPs meeting the requirements of section 110(a)(1) and (2) are to be
submitted by States within three years after promulgation of a new or
revised standard. These SIPs are commonly referred to as
``infrastructure'' SIPs.

II. What elements are applicable under section 110(a)(1) and (2)?

    On October 2, 2007, EPA issued guidance to address infrastructure
SIP elements required under section 110(a)(1) and (2) for the 1997 8-
hour ozone and PM2.5 NAAQS.\1\ EPA will address these
elements below under the following headings: (A) Emission limits and
other control measures; (B) Ambient air quality monitoring/data system;
(C) Program for enforcement of control measures (PSD, New Source Review
for nonattainment areas, and construction and modification of all
stationary sources); (D) Interstate and international transport; (E)
Adequate authority, resources, implementation, and oversight; (F)
Stationary source monitoring system; (G) Emergency authority; (H)
Future SIP revisions; (I) Nonattainment areas; \2\ (J) Consultation
with government officials, public notification, prevention of
significant deterioration (PSD), and visibility protection; \3\ (K) Air
quality modeling/data; (L) Permitting fees; and (M) Consultation/
participation by affected local entities.\4\
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    \1\ William T. Harnett, Director, Air Quality Policy Division,
Office of Air Quality Planning and Standards. ``Guidance on SIP
Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-
hour Ozone and PM2.5 National Ambient Air Quality
Standards.'' Memorandum to EPA Air Division Directors, Regions I-X,
October 2, 2007.
    \2\ As discussed in further detail below, subsection
110(a)(2)(I) is not applicable for the infrastructure SIP approval
process and therefore EPA will take action on the requirements of
part D attainment plans separately.
    \3\ As discussed in further detail below, subsection
110(a)(2)(J), as it relates to visibility protection, is also not
applicable for the infrastructure SIP approval process, and
therefore EPA is not addressing it in today's proposed rulemaking.
    \4\ This action does not address infrastructure requirements
with respect to the 1997 PM2.5 NAAQS or the 2006
revisions to the NAAQS. Those requirements will be addressed in
future rulemaking.
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III. What is EPA's evaluation of how the state addressed the relevant
elements of section 110(a)(1) and (2)?

    On July 18, 1997, EPA promulgated new 8-hour ozone and new fine
particulate matter primary and secondary NAAQS. (62 FR 38894; 62 FR
38711). On January 8, 2008, EPA Region 7 received the state of Kansas'
ozone infrastructure SIP submittal. In a letter dated July 20, 2009,
Kansas provided additional clarification on this submittal. EPA has
reviewed the state's formal submission and the relevant statutory and
regulatory authorities and provisions generally referenced in the
submittal from Kansas.
    As described below, today's action only pertains to the 1997 ozone
standard; it does not pertain to EPA's 1997 promulgation of the
PM2.5 standards. In addition, it does not address issues
relating to interstate transport under section 110(a)(2)(D)(i), which
have already been addressed for the 1997 ozone and PM2.5
NAAQS in prior rulemaking (72 FR 10608).\5\
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    \5\ Subsequent to this approval, updated modeling in support of
the proposed Transport Rule (75 FR 45210) has indicated that
emissions from Kansas interfere with maintenance of the 1997 8-hour
ozone NAAQS in downwind areas. Therefore, EPA believes that the
previously approved Kansas SIP may no longer adequately address
these emissions. Therefore, in a separate action, EPA has proposed
to find that the SIP revision approved on March 9, 2007 is
substantially inadequate pursuant to section 110(a)(2)(D)(i)(I). If
EPA finalizes this proposed finding, Kansas would be required to
revise its SIP to correct these deficiencies. See 76 FR 763 (January
6, 2011) for more details.
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    Kansas' SIP submittal addresses the provisions of section 110(a)(1)
and (2) as described below. EPA believes that Kansas has the adequate
infrastructure needed to address all applicable elements of section
110(a)(1) and (2) for the 1997 8-hour ozone NAAQS.
    (A) Emission limits and other control measures: Section
110(a)(2)(A) requires SIPs to include enforceable emission limits and
other control measures, means or techniques, schedules for compliance
and other related matters as needed to implement, maintain and enforce
each NAAQS.
    The state of Kansas' statutes and regulations authorize Kansas
Department of Health and Environment (KDHE) to regulate air quality and
implement air quality control regulations. KDHE's statutory authority
can be found in Chapter 65, Article 30 of the Kansas Statutes Annotated
(KSA), otherwise known as the Kansas Air Quality Act. KSA Section 65-
3003 places the responsibility for air quality conservation and control
of air pollution with the Secretary of Health and Environment
(``Secretary''). The Secretary in turn administers the Kansas Air
Quality Act through the Division of Environment within KDHE. Air
pollution is defined in KSA Section 65-3002(c) as the presence in the
outdoor atmosphere of one or more air contaminants in such quantities
and duration as is, or tends significantly to be, injurious to human
health or welfare, animal or plant life, or property, or would
unreasonably interfere with the enjoyment of life or property, or would
contribute to the formation of regional haze.
    KSA Section 65-3005(a)(1) provides authority to the Secretary to
adopt, amend and repeal rules and regulations implementing the Kansas
Air Quality Act. It also gives the Secretary the authority to establish
ambient air quality standards for the state of Kansas as a whole or for
any part thereof. KSA Section 65-3005(a)(12). The Secretary also has
the authority to establish emission control requirements as appropriate
to facilitate the accomplishment of the purposes of the Kansas Air
Quality Act. KSA Section 65-3010(a).
    In its letters to EPA dated January 2, 2008, and July 20, 2009,
transmitting its revisions to the Kansas SIP, KDHE stated that the
revised SIP specifically addressed the revised NAAQS promulgated on
July 18, 1997, for ozone. This assertion is consistent with previous
SIP submissions, which EPA has approved for Kansas, implementing the
1997 ozone standards.\6\ Therefore, EPA believes ozone is an air
contaminant which may be regulated under Kansas law.
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    \6\ For example, KDHE submitted its ``Kansas City Eight-Hour
Ozone Maintenance Plan'' to EPA on May 23, 2007, which was approved
by EPA on August 9, 2007. See 72 FR 44781. This plan specifically
demonstrates how KDHE will maintain the 8-hour ozone standard
promulgated in 1997, consistent with the requirements of section
110(a)(1) and implementing regulations at 40 CFR 51.905(a)(4). It
also contains contingency plans to ensure that any violation of the
1997 ozone standard is promptly corrected.
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    EPA notes that the Kansas Air Quality Regulations provide
exemptions from the emission control requirements for malfunction
breakdowns or necessary repairs, under certain conditions. See,

e.g., KAR 28-19-11. In today's proposed rulemaking, EPA is not
proposing to approve or disapprove any existing state provisions with
regard to excess emissions during a startup, shutdown or malfunction
(SSM) of operations at a facility. EPA believes that a number of states
have SSM provisions that are contrary to the Clean Air Act and existing
EPA guidance,\7\ and the Agency plans to address such state regulations
in the future. In the meantime, EPA encourages any state having a
deficient SSM provision to take steps to correct it as soon as
possible.
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    \7\ Steven Herman, Assistant Administrator for Enforcement and
Compliance Assurance, and Robert Perciasepe, Assistant Administrator
for Air and Radiation. ``State Implementation Plans (SIPs): Policy
Regarding Excess Emissions During Malfunctions, Startup, and
Shutdown.'' Memorandum to EPA Air Division Directors, September 20,
1999.
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    EPA also notes that the Kansas Air Quality Act contains provisions
at KSA 65-3013 that give the Secretary the authority, under certain
circumstances, to grant variances from rules and regulations
established under the Clean Air Act.\8\ Furthermore, the Kansas Air
Quality Regulations contain provisions which allow the Secretary of
KDHE to exercise his or her discretion to approve alternatives to the
Kansas regulations (see, e.g., KAR 28-19-19(l)(5), which allows for
data reporting procedures that vary from those in the regulation; KAR
28-19-210(a), which allows KDHE to approve alternate methods for
calculating actual emissions from an emissions unit or stationary
source). In this action, EPA is not proposing to approve or disapprove
any existing state rules with regard to such ``variance'' or
``Secretary's discretion'' provisions. EPA believes that a number of
states have such provisions that are contrary to the Clean Air Act and
existing EPA guidance,\9\ and the Agency plans to take action in the
future to address such state regulations. In the meantime, EPA
encourages any state having a ``variance'' or ``Secretary's
(director's) discretion'' provision that is contrary to the Clean Air
Act and EPA guidance to take steps to correct the deficiency as soon as
possible.
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    \8\ The statutory variance provisions are not included in the
Kansas SIP and are not recognized under federal law. In any event, a
variance from an EPA-approved SIP requirement would not be
recognized as a revision to the SIP unless approved by EPA under the
CAA requirements for SIP revisions (see, 40 CFR 51.104(d)).
    \9\ J. Craig Potter, Assistant Administrator for Air and
Radiation, Thomas L. Adams, Jr., Assistant Administrator for
Enforcement and Compliance Monitoring, and Francis S. Blake, General
Counsel, Office of General Counsel. ``Review of State Implementation
Plans and Revisions for Enforceability and Legal Sufficiency.''
Memorandum, September 23, 1987. See also 52 FR 45109 (November 24,
1987).
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    EPA believes that Kansas has statutory and regulatory authority to
establish additional emissions limitations and other measures, as
necessary to address attainment and maintenance of the ozone standards.
Therefore, EPA believes that the Kansas SIP adequately addresses the
requirements of section 110(a)(2)(A) for the 1997 8-hour ozone NAAQS.
    (B) Ambient air quality monitoring/data system: Section
110(a)(2)(B) requires SIPs to include provisions to provide for
establishment and operation of ambient air quality monitors, collection
and analysis of ambient air quality data, and making these data
available to EPA upon request.
    To address this element, KSA Section 65-3007 provides the enabling
authority necessary for Kansas to fulfill the requirements of section
110(a)(2)(B). This provision gives the Secretary the authority to
classify air contaminant sources which, in his or her judgment, may
cause or contribute to air pollution. Furthermore, the Secretary has
the authority to require such air contaminant sources to monitor
emissions, operating parameters, ambient impacts of any source
emissions, and any other parameters deemed necessary. KSA Section 65-
3007(b). The Secretary can also require these sources to keep records
and make reports consistent with the Kansas Air Quality Act.
    Kansas has an air quality monitoring network operated by KDHE and
local air quality agencies that collects air quality data that are
compiled, analyzed, and reported to EPA. KDHE's Web site contains up-
to-date information about air quality monitoring, including a
description of the network and information about the monitoring of
ozone. See http://www.kdheks.gov/bar/air-monitor/indexMon.html. On
February 23, 2010, EPA approved Kansas' 2009 ambient air monitoring
network plan.
    Within KDHE, the Bureau of Air and Radiation implements these
requirements. Along with its other duties, the monitoring program
collects air monitoring data, quality assures the results, and reports
the data. The data are then used to develop the appropriate regulatory
or outreach strategies to reduce air pollution.
    KDHE submits a 5-Year Ambient Air Monitoring Network Assessment to
EPA, including plans for its ozone monitoring network, as required by
40 CFR 58.10. The most recent 5-year network assessment was dated
August 30, 2010. Kansas makes this plan available for public review on
KDHE's Web site. See, e.g., http://www.kdheks.gov/bar/air-monitor/2010_Kansas_5-year_Monitoring_Network_Assessment.pdf. This Plan
includes, among other things, the locations for the ozone monitoring
network. Kansas submits air quality data from this network to EPA's Air
Quality System (AQS), which EPA and KDHE use to determine if the
network site monitors are in compliance with the NAAQS.
    Based on the foregoing, EPA believes that the Kansas SIP meets the
requirements of section 110(a)(2)(B) for the 1997 8-hour ozone NAAQS.
    (C) Program for enforcement of control measures (PSD, New Source
Review for nonattainment areas, and construction and modification of
all stationary sources): Section 110(a)(2)(C) requires states to
include the following elements in the SIP: (1) A program providing for
enforcement of all SIP measures described in section 110(a)(2)(A); (2)
a program for the regulation of the modification and construction of
stationary sources as necessary to protect the applicable NAAQS; and
(3) a permit program to meet the major source permitting requirements
of the Act (including the program for areas designated as not attaining
the NAAQS, and a program for the prevention of significant
deterioration of air quality program in other areas). Note that all
areas of Kansas are currently in attainment with the NAAQS. In
addition, as discussed in further detail below, this proposed
infrastructure SIP rulemaking will not address the Kansas program for
nonattainment area-related provisions, since those are not applicable
for the infrastructure SIP approval process.
    (1) With respect to enforcement of requirements of the SIP, KSA
Section 65-3005(a)(3) gives the Secretary the authority to issue
orders, permits and approvals as may be necessary to effectuate the
purposes of the Kansas Air Quality Act and enforce the Act by all
appropriate administrative and judicial proceedings. Pursuant to KSA
Section 65-3006, the Secretary also has the authority to publish and
enforce rules, regulations and standards to implement the Act and to
employ the professional, technical or other staff to effectuate the
provisions of the Act. In addition, if the Secretary or the director of
the Division of Environment finds that any person has violated any
provision of any approval, permit or compliance plan or any provision
of the Act or any rule or regulation promulgated under the Act, he or
she may issue an order directing the person to take such action as
necessary to

correct the violation. KSA Section 65-3011.
    KSA Section 65-3018 gives the Secretary the authority to impose a
monetary penalty against any person who either violates any order or
permit issued under the Kansas Air Quality Act, or violates any
provision of the Act or rule or regulation promulgated thereunder.
Section 65-3019 provides for criminal penalties for knowing violations.
    (2) Section 110(a)(2)(C) also requires that the SIP include
measures to regulate construction and modification of stationary
sources to protect the NAAQS. Kansas has a program under KAR 28-19-300
that requires sources (which meet certain criteria listed in KAR 28-19-
300(a)) to first obtain a construction permit from KDHE. The permitting
process is designed to ensure, among other things, that new and
modified sources will not interfere with NAAQS attainment. If KDHE
determines that emissions from a constructed or modified source will
interfere with attainment or maintenance of the NAAQS, it cannot issue
the permit. See KAR 28-19-301(d).
    Kansas also requires preconstruction permits for a second category
of smaller sources that meet the criteria listed in KAR 28-19-300(b).
Prior to commencing construction or modification, these sources must
obtain an approval from KDHE. Again, if KDHE determines that emissions
from a constructed or modified source will interfere with attainment or
maintenance of the NAAQS, it cannot issue the approval.
    The Kansas regulations give KDHE the authority to condition the
permit or approval upon compliance by the owner or operator with any
special restrictions that are deemed necessary to insure compliance
with the Kansas Air Quality regulations or to otherwise prevent air
pollution. KAR 28-19-301(e).
    EPA has determined that Kansas' minor new source review (NSR)
program adopted pursuant to section 110(a)(2)(C) of the Act regulates
emissions of ozone and its precursors. EPA has also determined that
certain provisions of the state's minor NSR program adopted pursuant to
section 110(a)(2)(C) of the Act likely do not meet all the requirements
found in EPA's regulations implementing that provision. See 40 CFR
51.160-51.164. EPA previously approved Kansas' minor NSR program into
the SIP, and at the time there was no objection to the provisions of
this program. See, 40 FR 15879 (April 8, 1975) and 60 FR 36361 (July
17, 1995). Since then, the state and EPA have relied on the existing
state minor NSR program to assure that new and modified sources not
captured by the major NSR permitting programs do not interfere with
attainment and maintenance of the NAAQS.
    In this action, EPA is proposing to approve Kansas' infrastructure
SIP for ozone with respect to the general requirement in section
110(a)(2)(C) to include a program in the SIP that regulates the
modification and construction of any stationary source as necessary to
assure that the NAAQS are achieved. EPA is not proposing to approve or
disapprove the state's existing minor NSR program itself to the extent
that it is inconsistent with EPA's regulations governing this program.
EPA believes that a number of states may have minor NSR provisions that
are contrary to the existing EPA regulations for this program. EPA
intends to work with states to reconcile state minor NSR programs with
EPA's regulatory provisions for the program. The statutory requirements
of section 110(a)(2)(C) provide for considerable flexibility in
designing minor NSR programs, and EPA believes it may be time to
revisit the regulatory requirements for this program to give the states
an appropriate level of flexibility to design a program that meets
their particular air quality concerns, while assuring reasonable
consistency across the country in protecting the NAAQS with respect to
new and modified minor sources.
    (3) Kansas also has a program approved by EPA which meets the
requirements of Part C, relating to prevention of significant
deterioration of air quality. Kansas' implementing rule, KAR 28-19-350,
incorporates the relevant portions of the federal rule, 40 CFR 52.21
(as of July 1, 2007), by reference, including the relevant portions of
EPA's ``NSR reform'' rule promulgated by EPA on December 31, 2002. In
this action, EPA is not proposing to approve or disapprove any state
rules with regard to NSR reform requirements. EPA will act on NSR
reform submittals through a separate rulemaking process. For Kansas, we
have previously approved the relevant portions of Kansas' NSR reform
rules for attainment areas, and as previously stated, Kansas currently
has no nonattainment areas. See 72 FR 29429 (May 29, 2007).
    The Kansas SIP also contains a permitting program for major sources
and modifications in nonattainment areas (see KAR 28-19-16). This
section is currently not applicable to Kansas because all areas of
Kansas are currently in attainment with the NAAQS. Even if it were
applicable, the SIP's discussion of nonattainment areas is not
addressed in this rulemaking (see discussion of the section
110(a)(2)(I) requirements for nonattainment areas, below).
    With respect to the PSD program, EPA notes that the Kansas SIP
provides that ozone precursors (volatile organic compounds (VOCs) and
nitrogen oxides) are regulated. For example, a stationary source that
is major for VOCs is also major for ozone for purposes of permitting in
nonattainment areas. KAR 28-19-16a(r). In addition, a source that
undergoes a significant net emissions increase for VOCs is also
considered to have undergone a significant net emissions increase for
ozone for the purposes of the Kansas air quality regulations. KAR 28-
19-200(eee)(6). EPA also notes that KAR 28-19-350 incorporates 40 CFR
52.21(b) as of 2007 by reference. The regulations at 40 CFR
52.21(b)(50) specifically state that nitrogen oxides and VOCs are
considered precursors for ozone.
    In further support of EPA's proposed determination regarding the
state's authority to apply its PSD program to the 1997 ozone standard,
EPA notes that KAR 28-19-350 also incorporates by reference the
requirements of 40 CFR 52.21(k)(1). This provision requires that a
permit applicant demonstrate that allowable emissions increases from a
new source or modification will not cause or contribute to air
pollution in violation of ``[a]ny national ambient air quality
standard.'' EPA believes that this provision is sufficiently open-ended
to authorize KDHE to implement any NAAQS upon promulgation by EPA. This
view is consistent with KDHE's assertion that it has adequate authority
to meet all of the requirements of section 110(a)(2) with respect to
the 1997 ozone standard (which includes implementation of the PSD
program with respect to that standard).
    Finally, we note that on February 22, 2011, in a separate
rulemaking, EPA approved the state of Kansas' revisions to its SIP to
regulate GHGs under the Kansas New Source Review Prevention of
Significant Deterioration program. 76 FR 9658. Thus, we have previously
determined that the Kansas SIP meets the PSD requirements with respect
to GHGs.
    On the basis of the foregoing, EPA believes that the Kansas SIP and
underlying statutory authority are adequate to meet the requirements of
section 110(a)(2)(C) for the 1997 8-hour ozone NAAQS.
    (D) Interstate and international transport: Section 110(a)(2)(D)(i)
requires SIPs to include provisions prohibiting any source or other
type of

emissions activity in one state from contributing significantly to
nonattainment in, or interfering with maintenance by, another state
with respect to the NAAQS, or from interfering with measures required
in another state to prevent significant deterioration of air quality or
to protect visibility.
    Kansas addressed the provisions of section 110(a)(2)(D)(i), as it
relates to the 1997 ozone and PM standards, in a prior SIP submission.
EPA approved the portion of the Kansas SIP submittal relating to
section 110(a)(2)(D)(i), on March 9, 2007 (72 FR 10608).\10\ Therefore,
the proposed action addressed in this notice does not include the
interstate transport elements, nor does this rulemaking reopen any
aspect of EPA's prior action on the transport elements for Kansas for
the 1997 standards.
---------------------------------------------------------------------------

    \10\ See footnote 5.
---------------------------------------------------------------------------

    Section 110(a)(2)(D)(ii) requires that the SIP insure compliance
with the applicable requirements of sections 126 and 115, relating to
interstate and international pollution abatement.
    Section 126(a) of the Act requires new or modified sources to
notify neighboring states of potential impacts from sources within the
state. Although Kansas sources have not been identified by EPA as
having any interstate or international impacts under section 126 or
section 115 in any pending actions relating to the 1997 ozone
standards, the Kansas regulations address abatement of the effects of
interstate pollution. For example, KAR 28-19-350(k)(2) requires KDHE,
prior to issuing any construction permit for a proposed new major
source or major modification, to notify EPA, as well as: Any state or
local air pollution control agency having jurisdiction in the air
quality control region in which the new or modified installation will
be located; the chief executives of the city and county where the
source will be located; any comprehensive regional land use planning
agency having jurisdiction where the source will be located; and any
state, Federal land manager, or Indian governing body whose lands will
be affected by emissions from the new source or modification. (KAR 28-
19-16k(b) provides similar requirements for construction permits issued
in nonattainment areas.) Finally, we believe that Kansas could use the
same statutory authorities previously discussed, primarily KSA 65-
3005(a), to respond to any future findings with respect to the 1997
ozone standards.
    Based on the foregoing, EPA believes that Kansas has the adequate
infrastructure needed to address section 110(a)(2)(D)(ii) for the 1997
8-hour ozone NAAQS.
    (E) Adequate authority, resources, implementation, and oversight:
Section 110(a)(2)(E) requires that SIPs provide for the following: (1)
Necessary assurances that the state (and other entities within the
state responsible for implementing the SIP) have adequate personnel,
funding, and authority under state or local law to implement the SIP,
and that there are no legal impediments to such implementation; (2)
requirements that the state comply with the requirements relating to
state boards, pursuant to section 128 of the Act; and (3) necessary
assurances that the state has responsibility for implementation of any
plan provision for which it relies on local governments or other
entities to carry out that portion of the plan.
    (1) With respect to adequate authority, we have previously
discussed Kansas' authority to implement the SIP for the 1997 ozone
standards, primarily in the discussion of section 110(a)(2)(A). Neither
Kansas nor EPA has identified any legal impediments to implementation
of those standards.
    With respect to adequate resources, KDHE asserts that it has
adequate personnel to implement the SIP. The Kansas statutes provide
the Secretary the authority to employ technical, professional and other
staff to effectuate the purposes of the Kansas Air Quality Act from
funds appropriated and available for this purpose. See KSA Section 65-
3006(b). Within KDHE, the Bureau of Air and Radiation implements the
Kansas Air Quality Act. This Bureau is further divided into the Air
Compliance & Enforcement Section, Air Operating Permit & Construction
Section; the Monitoring & Planning Section; and the Radiation, Asbestos
& Right to Know Section.
    With respect to funding, the Kansas Legislature annually approves
funding and personnel resources for KDHE to carry out the air program.
The annual budget process provides a periodic update that enables KDHE
and the local agencies to adjust funding and personnel needs. In
addition, the Kansas statutes grant the Secretary authority to
establish various fees for sources, to cover any and all parts of
administering the provisions of the Kansas Air Quality Act. For
example, KSA Section 65-3008(f) allows the Secretary to fix, charge,
and collect fees for construction approvals and permits (and the
renewals thereof). KSA Section 65-3024 grants the Secretary the
authority to establish annual emissions fees. Fees from the
construction permits and approvals are deposited into the Kansas state
treasury, while emissions fees are deposited into an air quality fee
fund. Moneys in the air quality fee fund can only be used for the
purpose of administering the Kansas Air Quality Act.
    Kansas also uses funds in the non-Title V subaccounts, along with
General Revenue funds and EPA grants under, for example, sections 103
and 105 of the Act, to fund the programs. EPA conducts periodic program
reviews to ensure that the state has adequate resources and funding to,
among other things, implement the SIP.
    (2) Conflict of interest provisions--Section 128
    Section 110(a)(2)(E) also provides that the state must meet the
requirements of section 128, relating to representation on state boards
and conflicts of interest by members of such boards. We note that this
particular provision is not related to promulgation or revision of any
NAAQS, and we have not determined that Kansas must show specifically
that it meets this requirement with respect to the ozone infrastructure
SIP for the 1997 standards. However, the following discussion shows how
Kansas generally meets the requirements of Section 128.
    Section 128 requires that a SIP-implementing body which approves
permits or enforcement orders under the Act must have at least a
majority of members who represent the public interest and do not derive
a ``significant portion'' of income from entities or individuals
subject to permits and enforcement orders under the Act. In addition,
section 128 requires that members of such a body or the agency head
with similar authorities adequately disclose any potential conflicts of
interest.
    Chapter 46, Article 2 (State Governmental Ethics) of the KSA
specifies ethics requirements for all state officers and employees,
including members of KDHE's Bureau of Air and Radiation. These
requirements address the requirements contained in section 128 of the
CAA. For instance, KSA Section 46-235 states that no state officer or
employee shall accept compensation for performance of official duties,
other than that to which such person is entitled for such performance.
KSA Section 46-236 states that no state officer or employee shall
solicit any economic opportunity, gift, favor, service, etc. from any
person known to have a special interest in influencing the performance
of the official duties of such officer or employee. KSA Section 46-248
requires that state officers (such as the

Secretary), employees and members of boards, councils and commissions
under the jurisdiction of the head of any state agency must file
``statements of substantial interest,'' disclosing the nature of any
financial interest(s) he or she may have.
    (3) With respect to assurances that the state has responsibility to
implement the SIP when it authorizes local or other agencies to carry
out portions of the plan, KSA Section 65-3005(a)(8) gives the Secretary
the authority to encourage local units of government to handle air
pollution problems within their own jurisdictions and to provide
technical and consultative assistance therefor. The Secretary may enter
into agreements with local units of government to administer all or
part of the provisions of the Kansas Air Quality Act in the units'
respective jurisdictions. In fact, KSA Section 65-3016 allows for
cities and/or counties (or combinations thereof) to form local air
quality conservation authorities which will then have the authority to
enforce air quality rules and regulations adopted by the Secretary and
adopt any additional rules, regulations and standards as needed to
maintain satisfactory air quality within their jurisdictions.
    However, the Kansas statutes also retain authority in the Secretary
to carry out the provisions of state air pollution control law. KSA
Section 65-3003 specifically places responsibility for air quality
conservation and control of air pollution with the Secretary. The
Secretary shall then administer the Kansas Air Quality Act through the
Division of Environment. As an example of this retention of authority,
KSA Section 65-3016 only allows for the formation of local air quality
conservation authorities with the approval of the Secretary. In
addition, although these authorities can adopt additional air quality
rules, regulations and standards, they may only do so if those rules,
regulations and standards are in compliance with those set by the
Secretary. Currently, KDHE oversees the following local agencies that
implement that Kansas Air Quality Act: The City of Wichita Department
of Environmental Services, Johnson County Environmental Department,
Shawnee County Health Agency, and Unified Government of Wyandotte
County, Kansas City-Kansas Health Department.
    Based on the foregoing, EPA believes that Kansas has the adequate
infrastructure needed to address section 110(a)(2)(E) for the 1997 8-
hour ozone NAAQS.
    (F) Stationary source monitoring system: Section 110(a)(2)(F)
requires states to establish a system to monitor emissions from
stationary sources and to submit periodic emission reports. That
section also requires that the state correlate the source reports with
emission limitations or standards established under the Act and make
reports available for public inspection.
    To address this element, KSA Section 65-3007 gives the Secretary
the authority to classify air contaminant sources which, in his or her
judgment, may cause or contribute to air pollution. The Secretary shall
require air contaminant emission sources to monitor emissions,
operating parameters, ambient impact of any source emissions, and any
other parameters deemed necessary. Furthermore, the Secretary may
require these emissions sources to keep records and make reports
consistent with the purposes of the Kansas Air Quality Act.
    In addition, KAR 28-19-12(A) states that KDHE may make any person
responsible for the operation of an emissions source to make or have
tests made to determine the rate of contaminant emissions from the
source whenever it has reason to believe that existing emissions exceed
limitations. At the same time, KDHE may also conduct its own tests of
emissions from any source. The Kansas regulations also require that all
Class I operating permits include requirements for monitoring of
emissions. See KAR 28-19-512(a)(9).
    Kansas makes all monitoring reports (as well as compliance plans
and compliance certifications) submitted as part of Class I or Class II
permit application publicly available. See KSA Section 65-3015(a); KAR
28-19-204(c)(6). KDHE maintains a database with emissions data for more
than 900 stationary source facilities in Kansas. See http://www.kdheks.gov/emission/data.html. KDHE uses this information to track
progress towards maintaining the NAAQS, developing control and
maintenance strategies, identifying sources and general emission
levels, and determining compliance with emission regulations and
additional EPA requirements. Although the Kansas statutes allow a
person to request that some information that is reported to KDHE be
regarded and treated as confidential on the grounds that it constitutes
trade secrets, emissions data is specifically excluded from this
protection. See KSA Section 65-3015(b).
    EPA believes that Kansas has the adequate infrastructure needed to
address section 110(a)(2)(F) for the 1997 8-hour ozone NAAQS.
    (G) Emergency authority: Section 110(a)(2)(G) requires states to
provide for authority to address activities causing imminent and
substantial endangerment to public health or welfare or the environment
(comparable to the authorities provided in Section 303 of the Act),
including contingency plans to implement the emergency authorities.
    KSA Section 65-3012(a) states that whenever the Secretary receives
evidence that emissions from an air pollution source or combination of
sources presents an imminent and substantial endangerment to public
health or welfare or to the environment, he or she may issue a
temporary order directing the owner or operator, or both, to take such
steps as necessary to prevent the act or eliminate the practice. The
Secretary may then follow this up by commencing an action in the
district court to enjoin these acts or practices.
    KAR 28-19-56 allows the director of the division of environment to
proclaim an air pollution alert, air pollution warning, or air
pollution emergency whenever he or she determines that the accumulation
of air contaminants at any sampling location has attained levels which
could, if such levels are sustained or exceeded, threaten the public
health. KAR 28-19-57 imposes restrictions that apply to emission
sources in the event one of these three air pollution episode statuses
is declared. Any person responsible for the operation of a source of
air contamination adjudged to be of major concern with respect to the
possible implementation of air pollution emergency episode control
procedures either because of the nature or the quantity of its
emissions must, at the request of KDHE, prepare an emergency episode
plan to be implemented in the event that such an episode is declared.
KAR 28-19-58.
    EPA believes that the Kansas SIP adequately addresses section
110(a)(2)(G) for the 1997 8-hour ozone NAAQS.
    (H) Future SIP revisions: Section 110(a)(2)(H) requires states to
have the authority to revise their SIPs in response to changes in the
NAAQS, availability of improved methods for attaining the NAAQS, or in
response to an EPA finding that the SIP is substantially inadequate to
attain the NAAQS.
    KSA Section 65-3005(b) specifically states that it is the policy of
the state of Kansas to regulate the air quality of the state and
implement laws and regulations that are applied equally and uniformly
throughout the state and consistent with that of the Federal
government. Therefore, the Secretary has the authority to promulgate
rules and regulations to ensure that Kansas is and remains in
compliance with the

provisions of the Federal CAA. KSA Section 65-3005(b)(1).
    As discussed previously, KSA Section 65-3005(a)(1) provides
authority to the Secretary to adopt, amend and repeal rules and
regulations implementing the Kansas Air Quality Act. The Secretary also
has the authority to establish ambient air quality standards for the
state of Kansas. KSA Section 65-3005(a)(12). Therefore, as a whole, the
Secretary has the authority to revise rules as necessary to respond to
any necessary changes in the NAAQS.
    EPA believes that Kansas has the adequate authority to address
section 110(a)(2)(H) for the 1997 8-hour ozone NAAQS.
    (I) Nonattainment areas: Section 110(a)(2)(I) requires that in the
case of a plan or plan revision for areas designated as nonattainment
areas, states must meet applicable requirements of Part D of the Act,
relating to SIP requirements for designated nonattainment areas.
    This section is currently not applicable to Kansas because all
areas of Kansas are currently in attainment with the NAAQS. Kansas
previously had one ozone nonattainment area in the Kansas portion of
the Kansas City metropolitan area; however, it was later redesignated
as being in attainment. Nevertheless, EPA notes that the Kansas
regulations have provisions in place which address construction or
modification of sources in nonattainment areas, and that it has
regulations in place for control of VOC emissions in the former
nonattainment area. See KAR Section 28-19-16 through 28-19-16m, and KAR
28-19-61 through 28-19-77. These regulations are contained in the
Federally approved SIP.
    EPA has not addressed section 110(a)(2)(I) in its recent
infrastructure SIP guidance because Part D SIPs are due on a different
schedule than the infrastructure SIP submittal schedule. (See, e.g.,
the infrastructure SIP guidance for the revised lead standard, 73 FR
67034, n. 113, Nov. 12, 2008, and the infrastructure SIP guidance for
the revised NO2 standards, 75 FR 6523, n. 27, Feb. 9, 2010.)
Therefore, this proposal does not address section 110(a)(2)(I). EPA
will take action on any part D nonattainment plans through a separate
rulemaking.
    (J) Consultation with government officials, Public Notification,
PSD and visibility protection: Section 110(a)(2)(J) requires SIPs to
meet the applicable requirements of the following CAA provisions: (1)
Section 121, relating to interagency consultation regarding certain CAA
requirements; (2) section 127, relating to public notification of NAAQS
exceedances and related issues; and (3) Part C of the Act, relating to
prevention of significant deterioration of air quality and visibility
protection.
    (1) With respect to interagency consultation, KSA Section 65-
3005(14) gives the Secretary the authority to advise, consult and
cooperate with other agencies of the state, local governments, other
states, interstate and interlocal agencies, and the Federal government.
In addition, and as an example, the Kansas regulations require that
KDHE consult with other agencies--such as the Kansas Department of
Transportation, Wyandotte County (KS) Health Department, Johnson County
(KS) Environmental Department Missouri Department of Natural Resources,
Missouri Department of Transportation, the Federal Highway
Administration of the U.S. Department of Transportation, among others--
for all matters pertaining to transportation conformity determinations.
KAR 28-19-801(d).\11\ Furthermore, as noted in the discussion on
section 110(a)(2)(D), Kansas' regulations require that whenever it
receives a construction permit application for a new source or a
modification, KDHE must notify state and local air pollution control
agencies, as well as regional land use planning agencies and any state,
Federal, or Indian land managers whose lands will be affected by
emissions from the new source or modification. See KAR 28-19-350(k)(2).
---------------------------------------------------------------------------

    \11\ We note, however, that Kansas does not currently have any
areas in the state subject to transportation conformity.
---------------------------------------------------------------------------

    (2) With respect to the requirements for public notification in CAA
section 127, KAR 28-19-56 contains provisions that allow the director
of the division of environment to proclaim an air pollution alert, air
pollution warning, or air pollution emergency status whenever he or she
determines that the accumulation of air contaminants at any sampling
location has attained levels which could, if such levels are sustained
or exceeded, threaten the public health. If this occurs, public
notification will occur through local weather bureaus. However, any of
these emergency situations can be declared even in the absence of
issuance of a high air pollution potential advisory or equivalent
advisory from a local weather bureau meteorologist, if deemed necessary
to protect the public health.
    In addition, information regarding air pollution and related
issues, is provided on a KDHE Web site, http://www.kdheks.gov/bar/.
KDHE also prepares an annual report on air quality in the state which
is available to the public on its Web site, at http://www.kdheks.gov/bar/air-monitor/index.html. This link also provides information
regarding the NAAQS, air pollution sources, and health effects of poor
air quality, as well as access to live monitoring data.
    (3) With respect to the applicable requirements of Part C, relating
to prevention of significant deterioration of air quality and
visibility protection, we previously noted in the discussion of section
110(a)(2)(C) (relating to enforcement of control measures) how the
Kansas SIP meets the PSD requirements, incorporating the Federal rule
by reference. With respect to the visibility component of section
110(a)(2)(J), we reiterate the statutory requirement providing, in
relevant part, that each plan must meet the ``applicable requirements''
of Part C (of Title I of the Act) relating to visibility protection. We
note that the other Part C requirements specified in section
110(a)(2)(J) (applicable requirements relating to prevention of
significant deterioration of air quality), specifically relate to the
1997 and 2006 NAAQS (as well as other pollutants regulated under the
CAA), and a state must be able to implement those requirements with
respect to a new or revised NAAQS when promulgated. In contrast to the
PSD program, the visibility protection requirements are not directly
related to the promulgation of, or revision to, a NAAQS. While the SIP
must independently meet the visibility protection requirements of Part
C by virtue of the specific SIP requirements in sections 169A and 169B
of the Act, EPA believes that the visibility protection requirements
are not ``applicable requirements'' within the meaning of section
110(a)(2)(J) and that the infrastructure SIP is not required to be
revised with respect to visibility protection merely due to
promulgation of, or revision to, these 1997 ozone NAAQS.
    For the reasons stated above, EPA believes that Kansas has met the
applicable requirements of section 110(a)(2)(J) for the 1997 8-hour
ozone NAAQS in the state.
    (K) Air quality and modeling/data: Section 110(a)(2)(K) requires
that SIPs provide for performing air quality modeling, as prescribed by
EPA, to predict effects on ambient air quality of emissions of any
NAAQS pollutant, and for submission of such data to EPA upon request.
    Kansas has authority to conduct air quality modeling and report the
results of such modeling to EPA. KSA Section 65-3005(a)(9) gives the
Secretary the

authority to encourage and conduct studies, investigations and research
relating to air contamination and air pollution and their causes,
effects, prevention, abatement and control. As an example of regulatory
authority to perform modeling for purposes of determining NAAQS
compliance, the regulations at KAR 28-19-350 incorporate the EPA
modeling guidance in 40 CFR Part 51, App. W for the purposes of
demonstrating compliance or non-compliance with an NAAQS.
    The Kansas statutes and regulations also give KDHE the authority to
require that modeling data be submitted for analysis. KSA Section 65-
3007(b) gives the Secretary the authority to require air contaminant
emission sources to monitor emissions, operating parameters ambient
impact of any source emissions or any other parameters deemed
necessary. The Secretary may also require these sources to keep records
and make reports consistent with the purposes of the Kansas Air Quality
Act. These reports could include information as may be required
concerning the location, size, and height of contaminant outlets,
processes employed, fuels used, and the nature and time periods or
duration of emissions, and such information as is relevant to air
pollution and available or reasonably capable of being assembled. KSA
Section 65-3007(c).
    EPA believes that Kansas has the adequate infrastructure needed to
address section 110(a)(2)(K) for the 1997 8-hour ozone NAAQS.
    (L) Permitting Fees: Section 110(a)(2)(L) requires SIPs to require
each major stationary source to pay permitting fees to the permitting
authority to cover the cost of reviewing, approving, implementing and
enforcing a permit. That section provides that the fee requirement
applies until a fee program established by the state pursuant to Title
V of the Act, relating to operating permits, is approved by EPA.
    KSA Section 65-3008(f) allows the Secretary to fix, charge, and
collect fees for construction approvals and permits (and the renewals
thereof). KSA Section 65-3024 grants the Secretary the authority to
establish annual emissions fees. Fees from the construction permits and
approvals are deposited into the Kansas state treasury, while emissions
fees are deposited into an air quality fee fund. Moneys in the air
quality fee fund can only be used for the purpose of administering the
Kansas Air Quality Act.
    Kansas' Title V program, found at KAR 28-19-500 to 28-19-564,
including the fee program addressing the requirements of the Act and 40
CFR 70.9 relating to Title V fees, was approved by EPA on January 30,
1996 (61 FR 2938). Therefore, EPA believes that the requirements of
section 110(a)(2)(L) are met.
    (M) Consultation/participation by affected local entities: Section
110(a)(2)(M) requires SIPs to provide for consultation and
participation by local political subdivisions affected by the SIP.
    KSA Section 65-3005(a)(8)(A) gives the Secretary the authority to
encourage local units of government to handle air pollution problems
within their respective jurisdictions and on a cooperative basis and to
provide technical and consultative assistance therefore. The Secretary
may also enter into agreements with local units of government to
administer all or part of the provisions on the Kansas Air Quality Act
in the units' respective jurisdiction. The Secretary also has the
authority to advise, consult, and cooperate with local governments. KSA
Section 65-3005(a)(14). He or she may enter into contracts and
agreements with local governments as is necessary to accomplish the
goals of the Kansas Air Quality Act. KSA Section 65-3005(a)(16).
    Currently, KDHE's Bureau of Air and Radiation has signed State and/
or Local Agreements with the Department of Air Quality from the Unified
Government of Wyandotte County--Kansas City, Kansas; the Wichita
Department of Environmental Services; the Shawnee County Health
Department, the Johnson County Environmental Department; and the Mid-
America Regional Council. These agreements establish formal
partnerships between the Bureau of Air and Radiation and these local
agencies to work together to develop and annually update strategic
goals, objectives and strategies for reducing emissions and improving
air quality.
    In addition, as previously noted in the discussion about section
110(a)(2)(J), Kansas' statutes and regulations require that KDHE
consult with local political subdivisions for the purposes of carrying
out its air pollution control responsibilities.
    Therefore, EPA believes that Kansas has the adequate infrastructure
needed to address section 110(a)(2)(M) for the 1997 8-hour ozone NAAQS.

IV. What action is EPA proposing?

    EPA proposes to approve the State Implementation Plan (SIP)
submittal from the state of Kansas which addresses the requirements of
Clean Air Act section 110(a)(2) for the 1997 revisions to the National
Ambient Air Quality Standards (NAAQS) for ozone. As described above,
EPA believes that Kansas has the required infrastructure to address all
elements of section 110(a)(2) to ensure that the revised ozone
standards are implemented in the state.
    We are hereby soliciting comment on this proposed action. Final
rulemaking will occur after consideration of any comments.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible

methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

Statutory Authority

    The statutory authority for this action is provided by Section 110
of the CAA, as amended (42 U.S.C. 7410).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Ozone.

    Dated: March 23, 2011.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2011-7467 Filed 3-29-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 17, 2010 (Volume 75, Number 94)]
[Notices]
[Page 27602-27603]
[DOCID:fr17my10-102]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of BVR Technologies Ltd. (n/k/a Technoprises Ltd.),
Crystal Graphite Corp., Devine Entertainment Corp., GEE TEN Ventures,
Inc., National Construction, Inc. (n/k/a E.G. Capital, Inc.), SHEP
Technologies, Inc., and WHEREVER.Net Holding Corp.; Order of Suspension
of Trading

May 13, 2010.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
BVR Technologies Ltd. (n/k/a Technoprises Ltd.) because it has not
filed any periodic reports since the period ended December 31, 2004.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Crystal Graphite Corp. because it has not filed any periodic reports
since the period ended August 31, 2004.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Devine Entertainment Corp. because it has not filed any periodic
reports since the period ended September 30, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
GEE TEN Ventures, Inc. because it has not filed any periodic reports
since the period ended May 31, 2004.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
National Construction, Inc. (n/k/a E.G. Capital, Inc.) because it has
not filed any

periodic reports since the period ended February 28, 2003.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
SHEP Technologies, Inc. because it has not filed any periodic reports
since the period ended December 31, 2004.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
WHEREVER.Net Holding Corp. because it has not filed any periodic
reports since it filed a Form 8-A on April 26, 2000.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies. Therefore, it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that
trading in the securities of the above-listed companies is suspended
for the period from 9:30 a.m. EDT on May 13, 2010 and terminating at
11:59 p.m. EDT on May 26, 2010.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2010-11806 Filed 5-13-10; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register: June 2, 2006 (Volume 71, Number 106)]
[Notices]
[Page 32068-32070]
[DOCID:fr02jn06-59]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

May 26, 2006.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER98-1150-006; EL05-87-000.
    Applicants: Tucson Electric Power Company.
    Description: Tucson Electric Power Co submits this compliance
filing pursuant to the 4/19/06 letter issued by FERC.
    Filed Date: 5/19/2006.
    Accession Number: 20060523-0062.
    Comment Date: 5 p.m. Eastern Time on Friday, June 9, 2006.

    Docket Numbers: ER00-3614-000; ER04-611-003.
    Applicants: BP Energy Company; BP West Coast Products, LLC.
    Description: BP Energy Co submits an informational filing re
updates of several non-material events that have occurred since its
submission of its 6/17/05 triennial market power update.
    Filed Date: 5/3/2006.
    Accession Number: 20060524-0187.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 24, 2006.

    Docket Numbers: ER05-1082-004.
    Applicants: Carolina Power & Light Company.
    Description: Carolina Power & Light Co dba Progress Energy
Carolinas, Inc submits a corrected tariff sheet no. 9, to Original
Volume No 6.
    Filed Date: 5/11/2006.
    Accession Number: 20060524-0209.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 1, 2006.

    Docket Numbers: ER05-1316-002.
    Applicants: Kumeyaay Wind LLC.
    Description: Kumeyaay Wind, LLC submits its notice of change in
status as a result of an acquisition of an interest in a generating
plant by an affiliate of one of its upstream owners pursuant to FERC's
Order 652.
    Filed Date: 5/18/2006.
    Accession Number: 20060524-0124.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 8, 2006.

    Docket Numbers: ER06-710-001.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator Inc submits its
response to FERC's deficiency letter issued on 4/28/06.
    Filed Date: 5/19/2006.
    Accession Number: 20060524-0199.
    Comment Date: 5 p.m. Eastern Time on Friday, June 9, 2006.

    Docket Numbers: ER06-792-001.
    Applicants: Norge Power Marketing Corporation.
    Description: Norge Power Marketing Corporation submits an amendment
to its Electric Tariff Market-Based Rate Schedule.
    Filed Date: 5/18/2006.
    Accession Number: 20060524-0197.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 8, 2006.

    Docket Numbers: ER06-911-001.
    Applicants: DC Energy Midwest, LLC.
    Description: DC Energy Midwest, LLC submits a revised amendment to
its FERC Electric Tariff No. 1.
    Filed Date: 5/22/2006.
    Accession Number: 20060524-0203.
    Comment Date: 5 p.m. Eastern Time on Monday, June 12, 2006.

    Docket Numbers: ER06-912-001.
    Applicants: DC Energy New York, LLC.
    Description: DC Energy New York, LLC submits a revised amendment to
its FERC Electric Tariff No. 1.
    Filed Date: 5/22/2006.
    Accession Number: 20060524-0201.
    Comment Date: 5 p.m. Eastern Time on Monday, June 12, 2006.

    Docket Numbers: ER06-913-001.
    Applicants: DC Energy Mid-Atlantic, LLC.
    Description: DC Energy Mid-Atlantic, LLC submits a revised
amendment to its FERC Electric Tariff No. 1.
    Filed Date: 5/22/2006.
    Accession Number: 20060524-0205.
    Comment Date: 5 p.m. Eastern Time on Monday, June 12, 2006.

    Docket Numbers: ER06-914-001.
    Applicants: DC Energy New England, LLC.
    Description: DC Energy New England, LLC submits a revised amendment
to its FERC Electric Tariff No. 1.
    Filed Date: 5/22/2006.
    Accession Number: 20060524-0204.
    Comment Date: 5 p.m. Eastern Time on Monday, June 12, 2006.

    Docket Numbers: ER06-915-001.
    Applicants: DC Energy, LLC.
    Description: DC Energy, LLC submits a revised amendment to its FERC
Electric Tariff No. 1.
    Filed Date: 5/22/2006.
    Accession Number: 20060524-0202.
    Comment Date: 5 p.m. Eastern Time on Monday, June 12, 2006.

    Docket Numbers: ER06-944-001.
    Applicants: Tucson Electric Power Company.
    Description: Tucson Electric Power Co submits a certificate of
concurrence to the Public Service Co of New Mexico's amended & restated
San Juan Project Participation Agreement.
    Filed Date: 5/22/2006.
    Accession Number: 20060524-0018.
    Comment Date: 5 p.m. Eastern Time on Monday, June 12, 2006.

    Docket Numbers: ER06-944-001.
    Applicants: Tri-State Generation and Transmission Association.
    Description: Tri-State Generation and Transmission Association Inc
submits a certificate of concurrence to the Public Service Co of New
Mexico's amended and restated San Juan Project Participation Agreement.
    Filed Date: 5/19/2006.
    Accession Number: 20060524-0017.
    Comment Date: 5 p.m. Eastern Time on Friday, June 9, 2006.

    Docket Numbers: ER06-944-001.
    Applicants: Utah Association Municipal Power Systems.
    Description: Utah Association Municipal Power Systems certificate
of concurrence to the Public Service Company of New Mexico's amended
and restated San Juan Project Participation Agreement.
    Filed Date: 5/18/2006.
    Accession Number: 20060518-5015.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 8, 2006.

    Docket Numbers: ER06-944-001.

    Applicants: The City of Farmington, New Mexico.
    Description: The City of Farmington, New Mexico submits its
certificate of concurrence to the Public Service Co of New Mexico's
amended and restated San Juan Project Participation Agreement and on 5/
22/06 submitted a revision to this filing.
    Filed Date: 5/18/2006.
    Accession Number: 20060524-0019.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 8, 2006.

    Docket Numbers: ER06-987-001.
    Applicants: HLM Energy LLC.
    Description: HLM Energy LLC submits an amended Petition for
Acceptance of Initial Rate Schedule No. 1.
    Filed Date: 5/16/2006.
    Accession Number: 20060516-5052.
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 6, 2006.

    Docket Numbers: ER06-1020-000.
    Applicants: American Transmission Company LLC.
    Description: American Transmission Co LLC submits an executed
Distribution--Transmission Interconnection Agreement with Brodhead
Water & Light.
    Filed Date: 5/19/2006.
    Accession Number: 20060524-0216.
    Comment Date: 5 p.m. Eastern Time on Friday, June 9, 2006.

    Docket Numbers: ER06-1021-000.
    Applicants: American Transmission Company LLC.
    Description: American Transmission Co LLC submits an executed
Distribution--Transmission Interconnection Agreement with the City of
Richland Center Utility Commission.
    Filed Date: 5/19/2006.
    Accession Number: 20060524-0215.
    Comment Date: 5 p.m. Eastern Time on Friday, June 9, 2006.

    Docket Numbers: ER06-1022-000.
    Applicants: American Transmission Company LLC.
    Description: American Transmission Co LLC submits an executed
Distribution--Transmission Interconnection Agreement with Florence
Utilities.
    Filed Date: 5/19/2006.
    Accession Number: 20060524-0214.
    Comment Date: 5 p.m. Eastern Time on Friday, June 9, 2006.
    Docket Numbers: ER06-1023-000.
    Applicants: San Diego Gas & Electric Company.
    Description: San Diego Gas & Electric Co submits its 2005 costs and
accruals report for PBOP, as recorded in FERC Uniforms System of
Accounts 926.
    Filed Date: 5/19/2006.
    Accession Number: 20060524-0213.
    Comment Date: 5 p.m. Eastern Time on Friday, June 9, 2006.

    Docket Numbers: ER06-1024-000.
    Applicants: San Diego Gas & Electric Company.
    Description: San Diego Gas & Electric Co submits a revision to its
Service Agreement Nos 4 and 6, Original Volume 11, to become effective
5/11/06.
    Filed Date: 5/19/2006.
    Accession Number: 20060524-0170.
    Comment Date: 5 p.m. Eastern Time on Friday, June 9, 2006.

    Docket Numbers: ER06-1025-000.
    Applicants: Michigan Electric Transmission Company, LLC.
    Description: Michigan Transmission Co, LLC submits a Letter
Agreement with Wabash Valley Power Association, Inc as agent for
Midwest Energy Corp.
    Filed Date: 5/19/2006.
    Accession Number: 20060524-0212.
    Comment Date: 5 p.m. Eastern Time on Friday, June 9, 2006.

    Docket Numbers: ER06-1026-000.
    Applicants: American Electric Power Service Corporation.
    Description: The American Electric Power Service Corp as agent for
its affiliate Ohio Power Co submits an interconnection and local
delivery service agreement with Dayton Power & Light Co for the
Middleboro Delivery Point.
    Filed Date: 5/19/2006.
    Accession Number: 20060524-0211.
    Comment Date: 5 p.m. Eastern Time on Friday, June 9, 2006.

    Docket Numbers: ER06-1028-000.
    Applicants: American Electric Power Service Corporation
    Description: American Electric Service Corp as agent for Indiana
Michigan Power Co submits amendments to its Interconnection & Operating
Agreement with DPL Energy, Inc.
    Filed Date: 5/18/2006.
    Accession Number: 20060524-0206.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 8, 2006.

    Docket Numbers: ER06-1029-000.
    Applicants: Pacific Gas & Electric Company.
    Description: Pacific Gas and Electric Co submits three of its
Generator Interconnection Agreements with Global Common, LLC & Ameresco
Half Moon Bay, LLC.
    Filed Date: 5/18/2006.
    Accession Number: 20060524-0111.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 8, 2006.

    Docket Numbers: ER06-1030-000.
    Applicants: Goodman, James A.
    Description: James Goodman submits an application requesting
authorization for market-based rate authority for Electric Rate Tariff,
Original Volume No. 1, pursuant to section 205 of the Federal Power
Act.
    Filed Date: 5/22/2006.
    Accession Number: 20060524-0198.
    Comment Date: 5 p.m. Eastern Time on Monday, June 12, 2006.

    Docket Numbers: ER06-1031-000.
    Applicants: Pacificorp.
    Description: PacifiCorp submits a Notice of Cancellation of Rate
Schedule FERC No. 225, to be effective 3/9/06.
    Filed Date: 5/22/2006.
    Accession Number: 20060524-0185.
    Comment Date: 5 p.m. Eastern Time on Monday, June 12, 2006.

    Docket Numbers: ER06-1033-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Co submits service agreements
with Shelter Cove Resort Improvement District 1.
    Filed Date: 5/22/2006.
    Accession Number: 20060524-0217.
    Comment Date: 5 p.m. Eastern Time on Monday, June 12, 2006.

    Docket Numbers: ER06-1038-000.
    Applicants: BP Energy Company.
    Description: BP Energy Co submits its application for authorization
to transmit electric energy to Canada.
    Filed Date: 5/22/2006.
    Accession Number: 20060524-0200.
    Comment Date: 5 p.m. Eastern Time on Monday, June 12, 2006.

    Docket Numbers: ER06-1039-000.
    Applicants: Freedom Partners, LLC.
    Description: Freedom Partners, LLC submits an application for
acceptance of initial market-based rate tariff, waivers and blanket
authority.
    Filed Date: 5/22/2006
    Accession Number: 20060524-0194.
    Comment Date: 5 p.m. Eastern Time on Monday, June 12, 2006.

    Docket Numbers: ER06-1040-000.
    Applicants: Duke Power Company LLC.
    Description: Duke Power Co, LLC dba Duke Energy Carolinas, LLC
submits Partial Requirements Service Agreement with Blue Ridge
Membership Corp, Piedmont Electric Membership and Rutherford Electric
Membership.
    Filed Date: 5/18/2006.
    Accession Number: 20060524-0092.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 8, 2006.

    Docket Numbers: ER06-1041-000.
    Applicants: American Electric Power Service Corporation.
    Description: The American Electric Power Service Corp as agent for
Indiana and Michigan Power Co submits an Original Interconnection and
Local

Delivery Service Agreement with the City of Sturgis, Indiana.
    Filed Date: 5/22/2006.
    Accession Number: 20060524-0195.
    Comment Date: 5 p.m. Eastern Time on Monday, June 12, 2006.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-8578 Filed 6-1-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Notices]
[Page 31978]
[FR Doc No: 2019-14240]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2019-0159]

Agency Information Collection Activities: Requests for Comments;
Clearance of a Renewed Approval of Information Collection: B4UFLY
Smartphone App; Correction

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on March 14, 2019. The collection involves the B4UFLY
smartphone app that provides situational awareness of flight
restrictions--including locations of airports, restricted airspace,
special use airspace, and temporary flight restrictions--based on a
user's current or planned flight location. In order to maintain NAS
safety in proximity to airports, authorization is now required from
recreational Unmanned Aircraft System (UAS) pilots to operate in
controlled airspace The data collected will assist the FAA with
determining the best processes to authorize recreational UAS pilots and
inform air traffic control personnel of a UAS pilot's intended flight
in order to assess whether the UAS may disrupt or endanger manned air
traffic. Issuing a corrected 30-day notice to provide a full 30 days
for comment.

DATES: Written comments should be submitted by August 2, 2019.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington,
DC 20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT: Bonita K. Reichert by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0764.
    Title: B4UFLY Smartphone App.
    Form Numbers: There are no forms associated with this collection.
    Type of Review: Renewal of an information collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on March 14, 2019 (84 FR 9411).
    Public Law 112-95, Section 336 which requires model aircraft
operators to notify the airport operator and air traffic control tower
(if one is located at the airport) prior to operating within 5 miles of
an airport. The FAA's B4UFLY smartphone app provides situational
awareness of flight restrictions-- including locations of airports,
restricted airspace, special use airspaces, and temporary flight
restrictions--based on a user's current or planned flight location. In
order to maintain NAS safety in proximity to airports, air traffic
control personnel would need certain basic information about a UAS
operator's intended flight in order to assess whether the UAS may
disrupt or endanger manned air traffic. The data collected will assist
the FAA with determining the best processes to authorize recreational
UAS pilots and inform air traffic control personnel of a UAS pilot's
intended flight in order to assess whether the UAS may disrupt or
endanger manned air traffic.
    Respondents: Approximately 640,060 users total with an average
usage of 100,000 users.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: Approximately 2 minutes.
    Estimated Total Annual Burden: Approximately 100 minutes for light
usage per user. Approximately 5 hours per user for heavier usage.

    Issued in Oklahoma City, OK, on June 28, 2019.
Bonita K. Reichert,
Project Manager, UAS Program Office Division, Office of Information and
Technology, Enterprise Program Management Services, AEM-210.
[FR Doc. 2019-14240 Filed 7-2-19; 8:45 am]
 BILLING CODE 4910-13-P