[Federal Register: March 22, 2010 (Volume 75, Number 54)]
[Rules and Regulations]
[Page 13433-13436]
[DOCID:fr22mr10-2]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0797]
RIN 1625-AA00

Safety Zone; Invista Inc Facility Docks, Victoria Barge Canal,
Victoria, TX

AGENCY: Coast Guard, DHS.

ACTION: Interim final rule with request for comments.

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SUMMARY: The Coast Guard is establishing a safety zone for a partial
blockage of the Victoria Barge Canal when the Invista Inc facility is
offloading cargo from an oversized barge, which is approximately 380
feet in length. Commercial traffic will be prohibited from passing the
barge while it is offloading cargo because the navigable width of the
channel will be substantially reduced. The safety zone is necessary to
help ensure the safety of the maritime public during these transfer
operations.

DATES: This interim rule is effective April 21, 2010. Comments and
related

material must reach the Coast Guard on or before June 21, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0797 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this interim
rule, call or e-mail LT Wes Geyer, Sector Corpus Christi Waterways
Management Division, Coast Guard; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

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

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0797), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand delivery, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2009-0797'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit comments by mail or hand delivery, submit them in
an unbound format, no larger than 8 \1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change this rule
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2009-0797'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

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

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one on or before April 21, 2010 using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.

Regulatory Information

    The Coast Guard is issuing this interim rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because any delay encountered in this
regulation's effective date by publishing a NPRM would be contrary to
public interest. Transfer operations involving the oversized barge at
the Invista Inc facility are scheduled to begin in May 2010 and rapid
establishment of the safety zone is needed to mitigate the potential
safety hazards associated with these operations.

Background and Purpose

    The basis and purpose of this rule are to ensure safe operations
during the hazardous condition that will be placed upon commercial
traffic in the Victoria Barge Canal during transfer operations
involving the oversized barge. Since the oversized barge will
effectively take away 40 feet of the navigable channel, we believe it
is necessary to establish a safety zone around the vessel so commercial
traffic does not attempt to pass when the navigable channel will be
reduced by 40 feet. We are using this interim rule to put an effective
rule in place before commencement of transfer operations but wish to
receive comments on it before issuing a final rule.

Discussion of Rule

    The rule places a safety zone around the barge that is offloading
cargo at the Invista Inc facility docks for two 24-30 hour periods per
month. The approximate location of the dock is 28[deg]39'50.5'' N
096[deg]57'48.3'' W (approximately 1,500 feet north of Dupont Road
which crosses the Victoria Barge Canal). The safety zone encompasses
all waters of the canal in a zone extending 500 ft (152.2 m) east

and west of the Invista Inc facility docks.
    The safety zone will be enforced for two 24-30 hour periods per
month, during transfer operations involving an oversized barge at the
facility. During these operations, the barge will extend approximately
40 feet into the 125-foot wide Victoria Barge Canal and will therefore
reduce the navigable width of the channel. Use of and transit through
the safety zone will be prohibited during these times, except with
permission from the Captain of the Port Corpus Christi.
    In addition, the Invista Inc facility has agreed to provide seven
days notice to neighboring facilities before the oversized barge is
scheduled to conduct transfer operations there. Furthermore, the Coast
Guard will issue maritime advisories widely available to users of the
barge canal before enforcement of the safety zone.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    This rule is not a significant regulatory action because there is
minimal commercial and recreational vessel traffic that transits
through this section of the Victoria Barge Canal. The rule will only be
in effect approximately twice a month for a duration of 24-30 hours
each time. Businesses adjacent to the Invista Inc facility (currently
there are two) will have approximately seven days advance notice of the
required safety zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities: The owners and operators of vessels conducting business
at Fordyce Holdings Inc and Equalizer.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be enforced for approximately two 24-30 hour periods per
month and the receiving facility will provide seven days notification
to adjacent businesses on the Victoria Barge Canal. Each 24-30 hour
period will be separated by at least a 24-hour period while the barge
returns to Port Lavaca-Point Comfort to receive more cargo. Neighboring
businesses and the Port of Victoria have agreed that with a seven-day
notification they will be able to ship or receive enough cargo to
maintain adequate feedstock supplies to operate. Vessel traffic will
have a minimum of 24 hours between each time the safety zone would go
into effect, which local parties have agreed would be enough time to
ship or receive any product they may need in the interim. Before the
enforcement period, the Coast Guard will issue broadcast notice to
mariners (BNM) alerts to users of the barge canal, and the Captain of
the Port may authorize entry into the zone if necessary.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

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

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,

because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction because it establishes a safety zone. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.837 to read as follows:

Sec.  165.836  Safety Zone; Invista Inc Facility Docks, Victoria Barge
Canal, Victoria, Texas.

    (a) Location. The following area is a safety zone: All waters
contained within a 500-foot (152.5m) extension east and west of the
Invista Inc facility docks while performing offloading operations.
    (b) Enforcement Period. This rule will be enforced for periods of
24-30 hours twice a month, from the time the oversized barge docks at
the Invista Inc facility until the vessel departs the facility upon
conclusion of its offloading operations. The Captain of the Port Corpus
Christi will issue a Broadcast Notice to Mariners before beginning
enforcement and upon ceasing enforcement of the safety zone.
    (c) Definitions. The following definition applies to this section:
designated representative means any commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and Federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port
Corpus Christi.
    (d) Regulations. (1) Persons desiring to transit the area of the
safety zone may contact the Captain of the Port at telephone number 1-
361-939-6393, or the barge on VHF Channel 16 (156.800MHz) to seek
permission to transit the area. If permission is granted, all persons
and vessels must comply with the instructions of the Captain of the
Port or his or her designated representative.
    (2) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
    (3) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means the operator of a vessel
must proceed as directed.
    (4) The Coast Guard may be assisted by other Federal, State, or
local agencies.
    (5) In accordance with the general regulations in 33 CFR part
165.23, no person or vessel may enter or remain in the zone described
in paragraph (a) of this section except for support vessels/aircraft
and support personnel, or other vessels authorized by the Captain of
the Port Corpus Christi or his designated representative.
    (e) Penalties. Vessels or persons violating this rule are subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: November 19, 2009.
R.J. Paulison,
Captain, U.S. Coast Guard, Captain of the Port Corpus Christi.

    Editorial Note: This document was received in the Office of the
Federal Register on March 16, 2010.

[FR Doc. 2010-6161 Filed 3-19-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Rules and Regulations]
[Pages 52674-52675]
[FR Doc No: 2022-18490]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0860; Airspace Docket No. 19-AAL-54]
RIN 2120-AA66

Establishment of United States Area Navigation (RNAV) Route T-
385; Kodiak, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes United States Area Navigation (RNAV)
route T-385 in the vicinity of Kodiak, AK, in support of a large and
comprehensive T-route modernization project for the state of Alaska.

DATES: Effective date 0901 UTC, November 3, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it expands the availability of RNAV route structure in
Alaska and improves the efficient flow of air traffic within the
National Airspace System by lessening the dependency on ground based
navigation.

History

    The FAA published a notice of proposed rulemaking (NPRM) for Docket
No. FAA-2021-0860 in the Federal Register (86 FR 58816; October 25,
2021), establishing RNAV route T-385 in the vicinity of Kodiak, AK, in
support of a large and comprehensive T-route modernization project for
the state of Alaska. Interested parties were invited to participate in
this rulemaking effort by submitting comments on the proposal. No
comments were received.
    United States Area Navigation Routes are published in paragraph
6011 of FAA Order JO 7400.11F, dated August 10, 2021, and effective
September 15, 2021, which is incorporated by reference in 14 CFR 71.1.
The RNAV route listed in this document will be published subsequently
in FAA Order JO 7400.11.

Differences From the NPRM

    Subsequent to the NPRM, the FAA determined it was necessary to
relocate the ZEKTI, AK, waypoint (WP) and rename it from ``ZEKTI'' to
``DUMZU'' to address instrument flight procedure concerns related to
two points (i.e. Fix, navigational aid, waypoints) being located too
close to one another and to comply with FAA Fix-name reservation
guidance. As a result, the latitude/longitude geographic coordinates
for the DUMZU, AK, WP are changed from ``lat. 59[deg]44'53.02'' N,
long. 154[deg]54'34.73'' W'' to ``lat. 59[deg]44'53.05'' N, long.
154[deg]54'46.79'' W''. This change is a minor adjustment to the route
structure and moves the WP approximately 600 feet from its proposed
location.

    This action incorporates the geographic coordinates and WP name
changes noted above.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This actions amends 14 CFR part 71 by establishing RNAV route T-385
in the vicinity of Kodiak, AK, in support of a large and comprehensive
T-route modernization project for the state of Alaska. The route is
described below.
    T-385: T-385 is established between the Kodiak, AK (ODK), VHF
Omnidirectional Range/Distance Measuring Equipment (VOR/DME) and the
DUMZU, AK, WP located adjacent to the Iliamna, AK (ILI), Nondirectional
Radio Beacon (NDB). T-385 provides alternate routing for Colored
Federal airway B-12 and lower Global Navigation Satellite System (GNSS)
Minimum Enroute Altitudes (MEAs) while ensuring continuous two-way VHF
communications for the entirety of the route.
    The full route description of the new RNAV route is listed in the
amendment to part 71 set forth below.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this airspace action of establishing
RNAV route T-385 in the vicinity of Kodiak, AK, qualifies for
categorical exclusion under the National Environmental Policy Act (42
U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR part
1500, and in accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5-6.5a, which categorically excludes
from further environmental impact review rulemaking actions that
designate or modify classes of airspace areas, airways, routes, and
reporting points (see 14 CFR part 71, Designation of Class A, B, C, D,
and E Airspace Areas; Air Traffic Service Routes; and Reporting
Points), and paragraph 5-6.5i, which categorically excludes from
further environmental review the establishment of new or revised air
traffic control procedures conducted at 3,000 feet or more above ground
level (AGL); procedures conducted below 3,000 feet AGL that do not
cause traffic to be routinely routed over noise sensitive areas;
modifications to currently approved procedures conducted below 3,000
feet AGL that do not significantly increase noise over noise sensitive
areas; and increases in minimum altitudes and landing minima. As such,
this action is not expected to result in any potentially significant
environmental impacts. In accordance with FAA Order 1050.1F, paragraph
5-2 regarding Extraordinary Circumstances, the FAA has reviewed this
action for factors and circumstances in which a normally categorically
excluded action may have a significant environmental impact requiring
further analysis. Accordingly, the FAA has determined that no
extraordinary circumstances exist that warrant preparation of an
environmental assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

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

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-385 Kodiak, AK (ODK) to DUMZU, AK [New]

Kodiak, AK (ODK)              VOR/DME             (Lat. 57[deg]46'30.13'' N, long. 152[deg]20'23.42'' W)
WUMVI, AK                     WP                  (Lat. 59[deg]01'11.75'' N, long. 153[deg]07'28.42'' W)
GAMIC, AK                     WP                  (Lat. 59[deg]22'48.60'' N, long. 154[deg]28'36.95'' W)
DUMZU, AK                     WP                  (Lat. 59[deg]44'53.05'' N, long. 154[deg]54'46.79'' W)

* * * * *

    Issued in Washington, DC, on August 23, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-18490 Filed 8-26-22; 8:45 am]
BILLING CODE 4910-13-P


SUPPORTING STATEMENT
ENVIRONMENTAL PROTECTION AGENCY

Standards of Performance for Greenhouse Gas Emissions from Modified and Reconstructed Stationary Sources: Electric Utility Generating Units
(40 CFR part 60, subpart TTTT)
June 2014
Part A of the Supporting Statement
1.	Identification of the Information Collection
(a)	Title and Number of the Information Collection
"Recordkeeping and Reporting Requirements for Standards of Performance for Greenhouse Gas Emissions from Modified and Reconstructed Electric Utility Generating Units (40 CFR Part 60, Subpart TTTT)." The proposed standards would establish standards of performance for carbon dioxide (CO2) emissions from electric utility generating units (EGUs) currently in the 40 CFR part 60, Da and KKKK source categories under a new subpart TTTT. Subpart Da currently regulates utility boilers and integrated gasification combined cycle (IGCC) units, and subpart KKKK currently regulates stationary combustion turbines. An information collection request (ICR) has been prepared in support of the standards being proposed. The Environmental Protection Agency (EPA) ICR tracking number is 2465.03. The EPA is co-proposing amending subparts Da and KKKK as an alternative to creating a new subpart, subpart TTTT. Since both approaches would have the same burden, this ICR burden estimate is intended to cover whatever approach is finalized. This ICR estimates burden associated with proposed standards to limit CO2 emissions from modified and reconstructed EGUs. These proposed standards will be included in new subpart TTTT, which also will include standards for new EGUs (proposed on 01/08/2014) and for which burden was previously estimated (ICR tracking number 2465.02).
(b)	Short Characterization
      On June 25, 2013, President Obama announced the Climate Action Plan (CAP), directing federal agencies to undertake a series of executive actions to reduce carbon pollution, prepare the United States (U.S.) for the impacts of climate change and lead international efforts to address global climate change. In tandem with the CAP, President Obama issued a Presidential Memorandum directing the EPA to work expeditiously to complete carbon pollution standards for the power sector.

      Consistent with the CAP and the Presidential Memorandum, the EPA, on September 20, 2013, signed proposed carbon pollution standards for new fossil fuel-fired power plants built in the future (79 FR 1430, January 8, 2014) (January 2014 proposal). Specifically, under the authority of Clean Air Act (CAA) section 111(b), the EPA proposed new source performance standards (NSPS) to limit emissions of CO2 from new fossil fuel-fired electric steam generating units (utility boilers and IGCC units) and new natural gas-fired stationary combustion turbines.

      Under the authority of CAA section 111(b), the EPA is now proposing standards of performance to limit emissions of CO2 from modified and reconstructed fossil fuel-fired electric steam generating units and from modified and reconstructed natural gas-fired stationary combustion turbines. The CAA and EPA's regulations define an NSPS "modification" as a physical or operational change that increases the source's maximum achievable hourly rate of emissions, with certain exceptions. Under the EPA's CAA section 111 standards of performance for new stationary sources, reconstructed sources are defined, in general, as existing sources (i) that replace components to such an extent that the capital costs of the new components exceed 50 percent of the capital costs of an entirely new facility, and (ii) for which compliance with standards of performance for new sources is technologically and economically feasible. The EPA is proposing in this action generally similar applicability requirements that the EPA proposed in the January 2014 action for newly constructed fossil fuel-fired power plants. Affected fossil fuel-fired electric steam generating units include utility boilers and IGCC units that are:
   * Capable of combusting more than 250 million British thermal units per hour (MMBtu/h) heat input of fossil fuel;
   * Constructed for the purpose of supplying more than one-third of its potential net-electric output capacity to any utility power distribution system for sale (that is, to the grid); and
   * Constructed for the purpose of supplying more than 219,000 megawatt hours (MWh) net-electrical output to the grid.
Affected natural gas-fired stationary combustion turbines are:
   * Capable of combusting more than 250 MMBtu/h heat input of fossil fuel;
   * Constructed for the purpose of supplying more than one-third of its potential net-electric output capacity to any utility power distribution system for sale (that is, to the grid);
   * Constructed for the purpose of supplying more than 219,000 MWh net-electrical output to the grid; and
   * Combust over 90 percent natural gas on a heat input basis on a 3-year rolling average basis.
Among stationary sources in the U.S., fossil fuel-fired EGUs are by far the largest emitters of greenhouse gas (GHG) pollution, primarily in the form of CO2. The EPA in 2009 found that by causing or contributing to climate change, GHGs endanger both the public health and the public welfare of current and future generations.

Consistent with the requirements of CAA section 111(b), these proposed standards reflect the degree of emission limitation achievable through the application of the best system of emission reduction (BSER) which the EPA has determined has been adequately demonstrated for each type of unit.

      The EPA proposes that the BSER for modified fossil fuel-fired boilers and IGCC units is each unit's own best potential performance based on a combination of best operating practices and equipment upgrades. Specifically, the EPA is proposing unit-specific emission standards consistent with this BSER determination and is co-proposing two alternative standards for modified utility steam generating units. In the first co-proposed alternative, modified utility boilers and IGCC units would be subject to a single emission standard. Specifically, under the first co-proposed alternative, a modified source would be required to meet a unit-specific emission limit determined by the affected source's best demonstrated historical performance (in the years from 2002 to the time of the modification) with an additional two percent emission reduction. The EPA has determined that this standard can be met through a combination of best operating practices and equipment upgrades. To account for facilities that have already implemented best practices and equipment upgrades, the proposal also specifies that modified facilities would not have to meet an emission standard more stringent than the corresponding standard for reconstructed EGUs. An existing source would continue to be subject to 111(d) requirements after it becomes a modified source, whether the modification occurs before or after the promulgation of a 111(d) plan. Therefore, the EPA is co-proposing that modified sources would be required to meet unit-specific emission standards that would depend on the timing of the modification. Sources that modify prior to becoming subject to a CAA section 111(d) plan would be required to meet the same standard described in the first co-proposal  -  that is, the modified source would be required to meet a unit-specific emission limit determined by the affected source's best demonstrated historical performance (in the years from 2002 to the time of the modification) with an additional two percent emission reduction (based on equipment upgrades). Sources that modify after becoming subject to a CAA section 111(d) plan would be required to meet a unit-specific emission limit that would be determined by the 111(b) implementing authority and would be based on the source's expected performance after implementation of identified unit-specific energy efficiency improvement opportunities. For modified natural gas-fired stationary combustion turbines, the EPA is proposing standards of performance based on efficient natural gas combined cycle (NGCC) technology as the BSER.

      For reconstructed utility boilers and IGCC units, the EPA is proposing a standard of performance with BSER based on the most efficient generating technology for these types of units (i.e., reconstructing the boiler to use higher steam, temperature and pressure, even if the boiler was not originally designed to do so). The difference in the proposed standards for larger and smaller units is based on greater availability of higher pressure/temperature steam turbines (e.g. supercritical steam turbines) for larger units. The standards could also be met through other technology options such as natural gas co-firing or capture of a small quantity of CO2 via partial carbon capture and storage (CCS). The EPA is proposing to find efficient NGCC technology to be the BSER for reconstructed stationary combustion turbines.

The proposed standards for the affected modified and reconstructed sources are summarized below in Table 1.
     Table 1. Summary of BSER and Proposed Standards for Affected Sources

                                Affected Source
                                     BSER
                                   Standard
                   Modified Utility Boilers and IGCC Units
Most efficient generation at the affected source achievable through a combination of best operating practices and equipment upgrades
Co-proposed Alternative #1
   1.    Source would be required to meet a unit-specific emission limit determined by the unit's best historical annual CO2 emission rate (from 2002 to the date of the modification) plus an additional two percent emission reduction; the emission limit will be no lower than:
         a.       1,900 lb CO2/MWh-net for sources with heat input > 2,000 MMBtu/h.
      OR
         b.       2,100 lb CO2/MWh-net for sources with heat input <= 2,000 MMBtu/h.
                   Modified Utility Boilers and IGCC Units
Most efficient generation at the affected source achievable through a combination of best operating practices and equipment upgrades
Co-proposed Alternative #2
Source would be required to meet a unit-specific emission limit dependent upon when the modification occurs.
   1. Sources that modify prior to becoming subject to a CAA 111(d) plan would be required to meet a unit-specific emission limit determined by the unit's best historical annual CO2 emission rate (from 2002 to date of the modification) plus an additional two percent emission reduction; the emission limit will be no lower than:
         a. 1,900 lb CO2/MWh-net for sources with heat input > 2,000 MMBtu/h.
      OR
         b. 2,100 lb CO2/MWh-net for sources with heat input <= 2,000 MMBtu/h.
   2. Sources that modify after becoming subject to a CAA 111(d) plan would be required to meet a unit-specific emission limit determined by the 111(b) implementing authority from the results of an energy efficiency improvement audit.
          Modified Natural Gas-Fired Stationary Combustion Turbines
                           Efficient NGCC technology
1. Sources with heat input > 850 MMBtu/h would be required to meet an emission limit of 1,000 lb CO2/MWh-gross.
2. Sources with heat input <= 850 MMBtu/h would be required to meet an emission limit of 1,100 lb CO2/MWh-gross.

                 Reconstructed Utility Boilers and IGCC Units
                     Most efficient generating technology
                                    at the
                                   affected
                                    source
   1.    Sources with heat input > 2,000 MMBtu/h would be required to meet an emission limit of 1,900 lb CO2/MWh-net.
   2.    Sources with heat input <= 2,000 MMBtu/h would be required to meet an emission limit of 2,100 lb CO2/MWh-net.
        Reconstructed  Natural Gas-Fired Stationary Combustion Turbines
                                   Efficient
                                NGCC technology
   1.    Sources with heat input > 850 MMBtu/h would be required to meet an emission limit of 1,000 lb CO2/MWh-gross.
   2.    Sources with heat input <= 850 MMBtu/h would be required to meet an emission limit of 1,100 lb CO2/MWh-gross.

In general, all CAA section 111 standards require notifications, reports, and records that are essential in determining compliance, and are required of all sources subject to the standards. The EPA is proposing in this action the same notifications, reports, and records that the EPA proposed in the January 2014 action for new fossil fuel-fired power plants. Accordingly, this proposed action would impose minimal new information collection burden on affected sources beyond what those sources would already be subject to under the authorities of CAA parts 75 and 98. OMB has previously approved the information collection requirements contained in the existing part 75 and 98 regulations (40 CFR part 75 and 40 CFR part 98) under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control numbers 2060-0626 and 2060-0629, respectively. Apart from potential energy metering modifications to comply with net energy output based emission limits proposed in this action and certain reporting costs based on requirements in the NSPS General Provisions (40 CFR part 60, subpart A), which are mandatory for all owners/operators subject to CAA section 111 national emission standards, there are no new information collection costs, as the information required by this proposed rule is already collected and reported by other regulatory programs.

Potential respondents are owners and operators of modified and reconstructed fossil fuel-fired EGUs meeting the applicability requirements specified above. The proposed rule would regulate emissions of CO2 and would require CO2 mass rate CEMS and the associated automatic data acquisition system. The initial performance test would consist of collection of hourly CO2 average concentration, mass flow rate recorded with the certified CO2 concentration and flow rate CEMS and the corresponding electrical power generation data for all of the hours of operation for the first calendar year beginning on the first day of the first month following completion of the CEMS installation and certification. The proposed rule would allow owners or operators of EGUs that burn exclusively gaseous or liquid fuels to install fuel flow meters as an alternative to CEMS. Compliance with the applicable average CO2 mass emissions rate (lb/MWh) would be calculated as a 12-month rolling average, updated monthly, using the reported hourly CO2 average concentration and flow rate values from the certified CEMS data collected for the previous month's process operating days along with generation data tracked by the facility for the unit. In this rulemaking, the EPA proposes that the owner or operator of a modified or reconstructed unit would be required to comply with the notification and recordkeeping requirements in the section 111 regulatory general provisions, 40 CFR part 60, subpart A, and would need to report results of performance testing and excess emissions; as well as record and maintain hourly average CO2 emissions concentration, hourly average flow rate, and hourly useful electrical generation. As part of an Agency-wide effort to facilitate reporting of environmental data and reports, the proposal would require that owners and operators subject to this regulation must electronically submit excess emissions, continuous monitoring systems performance and-or summary reports. Any owner or operator subject to the provisions of this proposed subpart would be required to keep each record for 5 years.

      Over the history of the NSPS program, the EPA has only received notice that a few EGUs have triggered the modification provisions of CAA section 111. In addition, over the lengthy history of the NSPS program, the EPA is only aware of one EGU that has triggered the reconstruction provisions of CAA section 111. Based on this information, the EPA expects few EGUs will take actions that would constitute modifications or reconstructions as defined under the EPA's NSPS regulations. Although not anticipated, if an EGU were to modify or reconstruct during the 3-year period covered by this ICR, it is likely that the unit's energy metering equipment would need to be modified to comply with proposed net energy output based CO2 emission limits and the unit's data acquisition system would need to be upgraded to accommodate reporting of net energy output rate based emissions.  A modified or reconstructed EGU would be required to prepare a quarterly summary report, which includes reporting of emissions and downtime, every 3 months.
2.	Need for and Use of the Collection
(a)	Need/Authority for the Collection
      The EPA is charged under section 111 of the CAA to establish standards of performance for modified and reconstructed stationary sources that reflect:

            . . . application of the best system of emission reduction which (taking into account the cost of achieving such reduction and any non-air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. Section 111(a)(l).

	In addition, CAA section 114(a) states that the Administrator may require any owner or operator subject to any requirement of this Act to:

            (A) Establish and maintain such records; (B) make such reports; (C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; (D) sample such emissions (in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe); (E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; (F) submit compliance certifications in accordance with section 114(a)(3); and (G) provide such other information as the Administrator may reasonably require.

As previously stated, the EPA in 2009 found that by causing or contributing to climate change, GHGs endanger both the public health and the public welfare of current and future generations. Fossil fuel-fired power plants are the country's largest stationary source emitters of GHGs. Therefore, NSPS for emissions of CO2 are being proposed for this category of sources at 40 CFR part 60, subpart TTTT.
Certain records and reports are necessary for the Administrator to: 1) identify modified and reconstructed EGUs subject to the standards, 2) ensure that the NSPS is being properly applied; 3) identify those facilities that should be inspected; 4) identify those facilities that may benefit from compliance assistance activities; and 5) ensure that process and emissions control/monitoring equipment are being properly operated and maintained on a continuous basis.
(b)	Use/Users of the Data
The required information would be used by agency enforcement personnel to ensure that the emission limitations are being achieved. Based on review of the recorded information at the site and the reported information, the EPA can identify facilities that may not be in compliance and decide which plants, records, or processes should be inspected.
3.	Nonduplication, Consultations, and Other Collection Criteria
(a)	Nonduplication
As previously stated, this proposed action would impose minimal new information collection burden on affected sources beyond what those sources would already be subject to under the authorities of CAA parts 75 and 98. Apart from potential energy metering modifications to comply with net energy output based emission limits proposed in this action and certain reporting requirements which are mandatory for all owners/operators subject to CAA section 111 national emission standards, there are no new information collection costs, as the information required by this proposed rule is already collected and reported by other regulatory programs. The proposed rule would require that affected owners or operators follow the applicable reporting requirements and submit reports as required by the other regulatory programs. Therefore, no duplication exists.
(b)	Public Notice Required Prior to ICR Submission to OMB
This section is not applicable because this is a rule-related ICR.
(c)	Consultations
      The EPA has engaged extensively with a broad range of stakeholders and the general public regarding climate change, carbon pollution from power plants, and carbon pollution reduction opportunities. These stakeholders included industry and electric utility representatives, state and local officials, tribal officials, labor unions and non-governmental organizations.

      Early in the process of developing carbon pollution standards for new power plants, the EPA held five listening sessions in February and March 2011 to obtain information and input from key stakeholders and the public. Each of the five sessions had a particular target audience; these were the electric power industry, environmental and environmental justice organizations, states and Tribes, coalition groups and the petroleum refinery industry.

      The EPA has conducted subsequent outreach sessions  -  the vast majority of which occurred between September 2013 and November 2013. The agency held 11 public listening sessions; one national listening session in Washington, DC and 10 listening sessions in locations across the country. In addition to the 11 public listening sessions, direct engagement has included hundreds of meetings with individual stakeholder groups, and meetings that brought together a variety of stakeholders to discuss a wide range of issues related to the electricity sector and regulation of GHGs under the CAA. The agency provided and encouraged multiple opportunities to engage with each one of the 50 states. The agency met with electric utility associations and electricity grid operators. Agency officials have engaged with labor unions and with leaders representing large and small industries. Because of the focus of the standard on the electricity sector, many of the EPA's meetings with industry have been with utilities and industry representatives directly related to the electricity sector. The agency has also met with energy industries such as coal and natural gas interests. In addition, the agency has met with companies that offer new technology to prevent or reduce carbon pollution, including companies that represent renewable energy and energy efficiency interests. The EPA has also met with representatives of energy intensive industries such as the iron and steel, and aluminum industry to help understand the issues related to large industrial purchasers of electricity. Agency officials engaged with representatives of environmental justice organizations, environmental groups and religious organizations.

In light of the interest among governmental entities, the EPA initiated consultations with governmental entities while formulating the provisions of the proposed standards for new EGUs. Although only new EGUs would be affected by those proposed standards, the outreach regarded planned actions for new, reconstructed, modified and existing sources. On April 12, 2011, the EPA engaged with the following 10 national organizations representing state and local elected officials: (1) National Governors Association; (2) National Conference of State Legislatures, (3) Council of State Governments, (4) National League of Cities, (5) U.S. Conference of Mayors, (6) National Association of Counties, (7) International City/County Management Association, (8) National Association of Towns and Townships, (9) County Executives of America, and (10) Environmental Council of States. On February 26, 2014, the EPA re-engaged with those governmental entities to provide a pre-proposal update on the emission guidelines for existing EGUs and emission standards for modified and reconstructed EGUs.

In light of the interest among tribal entities, the EPA conducted outreach to tribal environmental staff and offered consultation with tribal officials in developing these proposed standards. Because the EPA is aware of tribal interest in carbon pollution standards for the power sector, prior to proposal of GHG standards for new power plants, the EPA offered consultation with tribal officials early in the process of developing the proposed regulation to permit them to have meaningful and timely input into its development. The EPA's consultation regarded planned actions for new, reconstructed, modified, and existing sources. A consultation/outreach meeting was held on May 23, 2011. In this meeting, the EPA provided background information on the GHG emission standards to be developed and a summary of issues being explored by the Agency. The EPA also held a series of listening sessions prior to proposal of GHG standards for new power plants. Tribes participated in a session on February 17, 2011, with the state agencies, as well as in a separate session with tribes on April 20, 2011.

During development of this proposed regulation, consultation letters were sent to 584 tribal leaders. The letters provided information regarding the EPA's development of both the NSPS for modified and reconstructed EGUs and emission guidelines for existing EGUs and offered consultation. None have requested consultation. Tribes were invited to participate in the national informational webinar held August 27, 2013. In addition, a consultation/outreach meeting was held on September 9, 2013, with tribal representatives from some of the 584 tribes. The EPA also met with tribal environmental staff with the National Tribal Air Association, by teleconference, on July 25, 2013, and December 19, 2013. In those teleconferences, the EPA provided background information on the GHG emission guidelines to be developed and a summary of issues being explored by the agency.
(d)	Effects of Less Frequent Collection
If the relevant information were collected less frequently, the EPA would not be reasonably assured that a plant is in compliance with the standards.
(e)	General Guidelines
None of the guidelines in 5 CFR 1320.5 are being exceeded.
(f)	Confidentiality
All information submitted to the agency for which a claim of confidentiality is made will be safeguarded according to the agency policies set forth in Title 40, Chapter 1, part 2, subpart B - Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902, September 01, 1976; amended by 43 FR 39999, September 28, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979).
(g)	Sensitive Questions
This section is not applicable because this ICR does not involve matters of a sensitive nature.
4.	The Respondents and the Information Requested
(a)	Respondents/NAICS Codes
Respondents are owners or operators of modified and reconstructed fossil fuel-fired EGUs. All respondents would be subject to the monitoring, recordkeeping, and reporting requirements. The applicable NAICS codes are 221112, Fossil fuel electric power generating units (covers owners/operators of industry or federal, state or local government establishments), and 921150, Fossil fuel electric power generating units in Indian Country.
(b) Information Requested
(i) Data Items, Including Recordkeeping Requirements.
Apart from potential energy metering modifications to comply with net energy output based emission limits proposed in this action and certain reporting costs based on requirements in the NSPS General Provisions (40 CFR part 60, subpart A), which are mandatory for all owners/operators subject to CAA section 111 national emission standards, there are no new information collection costs, as the information required by this proposed rule is already collected and reported by other regulatory programs (CAA parts 75 and 98). Although not anticipated, if an EGU were to modify or reconstruct during the 3-year period covered by this ICR, it is likely that the EGU's energy metering equipment would need to be modified to comply with proposed net energy output based CO2 emission limits. In addition, after modifications are made that enable a facility to measure net energy output, the EGU's data acquisition system would need to be upgraded to accommodate reporting of net energy output rate based emissions.  A modified or reconstructed EGU would be required to prepare a quarterly summary report, which includes reporting of emissions and downtime, every 3 months.
(ii) Respondent Activities.
The EPA expects few modified or reconstructed EGUs over the 3-year period covered by this ICR. Although not anticipated, if an EGU were to modify or reconstruct during that time period, the respondent activities that would be required by the proposed NSPS are introduced in section 6(a).
(iii) Electronic Reporting.
      If an EGU were to modify or reconstruct, the proposal would require that owners and operators subject to this regulation must electronically submit quarterly reports of emissions and continuous monitoring systems performance. Owners and operators would need to submit these reports to the EPA using the Emissions Collection and Monitoring Plan System (ECMPS) Client Tool provided by the Clean Air Markets Division in the EPA Office of Atmospheric Programs.
5.	The Information Collected: Agency Activities, Collection Methodology, and Information Management
(a)	Agency Activities
There would be no EPA burden associated with the reporting requirements of the proposed standards. As a result of this proposal, if an EGU were to modify or reconstruct, the owner or operator of the affected EGU would be required to electronically submit a quarterly summary report, which includes reporting emissions and downtime. The fees for upkeep of this electronic database are already funded through other rules. Thus, there would be no burden to the agency associated with these reporting requirements.

(b)	Collection Methodology and Management
Following notification of startup, the reviewing authority might inspect the source to determine whether the CO2 CEMS and the associated automatic data acquisition system are properly installed and operated. Performance test reports are used by the agency to discern a source's initial capability to comply with the emission standard. Data and records maintained by the respondents are used in compliance and enforcement programs. The quarterly reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.
The information obtained is then entered into the Air Facility Subsystem (AFS) which is operated and maintained by the EPA's Office of Compliance. AFS is the EPA's database for the collection, maintenance, and retrieval of compliance and annual emission inventory data for over 125,000 industrial and government owned facilities. The EPA uses the AFS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters. The EPA and its delegated Authorities can edit, store, retrieve, and analyze the data.
Any owner or operator subject to the provisions of this proposed subpart would be required to keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. Each record must be kept on site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record. The records may be kept off site for the remaining years. All electronic reports are sent to the EPA using the ECMPS Client Tool. All non-electronic reports are sent to the delegated state or local authority. In the event that there is no such delegated authority, the reports are sent directly to the U.S. EPA regional office.
 (c)	Small Entity Flexibility
      The EPA is aware that there is substantial interest in the proposed rule among small entities (municipal and rural electric cooperatives). The EPA has conducted an unprecedented amount of stakeholder outreach. As part of that outreach, agency officials participated in many meetings with individual utilities as well as meetings with electric utility associations. Specifically, the EPA Administrator, Gina McCarthy, participated in separate meetings with both the National Rural Electric Cooperative Association (NRECA) and the American Public Power Association (APPA). The meetings brought together leaders of the rural cooperatives and public power utilities from across the country. The Administrator discussed and exchanged information on the unique challenges, in particular the financial structure, of NRECA and APPA member utilities.

      In addition, the EPA conducted outreach to representatives of small entities while formulating the provisions of the proposed standards of performance for new EGUs. Although only new EGUs would be affected by those proposed standards, the outreach regarded planned actions for new, reconstructed, modified and existing sources. The EPA conducted outreach with representatives from 20 various small entities that potentially would be affected by GHG standards. The representatives included small entity municipalities, cooperatives, and private investors. We met with eight of the small entity representatives, as well as three participants from organizations representing power producers, on June 17, 2011, to discuss the outreach materials (background, an overview of affected sources and GHG emissions from the power sector, an overview of CAA section 111, an assessment of CO2 emissions control technologies, and potential impacts on small entities), potential requirements of the rule, and regulatory areas where the EPA has discretion and could potentially provide flexibility.

      A second outreach meeting was conducted on July 13, 2011. We met with nine of the small entity representatives, as well as three participants from organizations representing power producers. During the second outreach meeting, various small entity representatives and participants from organizations representing power producers presented information regarding issues of concern with respect to development of standards for GHG emissions.
(d)	Collection Schedule
Each information collection activity within this request (Summary Report including excess emissions and downtime reporting) occurs on a quarterly basis.
6.	Estimating the Burden and Cost of the Collection

Although not anticipated, if an EGU were to modify or reconstruct over the 3-year period covered by this ICR, Exhibits 1a and 1b document the computation of individual burdens for the reporting requirements applicable to one modified or reconstructed EGU for the subpart included in this ICR for each of the first 3 years. Table 2 contains a summary of the respondent burden hours and costs detailed in Exhibit 1c.

                Table 2.	Summary of Respondent Burden and Costs

Year
Total Annual Labor Burden (hours)
Total Annual Labor Costs ($)
                                       1
                                      549
                                    46,150
                                       2
                                      33
                                     2,750
                                       3
                                      33
                                     2,750
                                     Total
                                      615
                                    51,650
                                3-Year Average
                                      205
                                    17,217

The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified; responses to this information collection are mandatory.
The 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.
(a)	Estimating Respondent Burden
The average annual burden to industry over the 3-year period of this ICR from these reporting requirements is estimated to be 205 hours per year (detailed in Exhibit 1c). These hours are based on agency studies and background documents from the development of the regulation, agency knowledge, and experience with the NSPS program.
(b)	Estimating Respondent Costs
Respondent costs are typically divided into three categories. These categories include labor costs, operations and maintenance (O&M) costs, and annualized capital costs. Labor costs and O&M costs are the only respondent costs associated with this ICR.
(i)	Estimating Labor Costs
The average annual labor costs to industry over the 3-year period of this ICR from these reporting requirements is estimated to be $17,217 per year (detailed in Exhibit 1c). Labor rates and associated costs are based on Bureau of Labor Statistics (BLS) data. Technical, managerial, and clerical average hourly rates for private industry workers were based on the BLS, Occupational Employment Statistics, May 2013 National Industry-Specific Occupational Employment and Wage Estimates for NAICS 221100 - Electric Power Generation, Transmission and Distribution (part of NAICS 221000  -  Utilities). The approximate labor rates are $40.03 per hour for technical (architecture and engineering occupations), $59.44 per hour for managerial (management occupations), and $22.49 per hour for clerical (office and administrative support occupations). The labor rates from BLS were multiplied by an overhead multiplier of 110 percent to estimate loaded labor rates of $84.06 per hour for technical, $124.82 per hour for managerial, and $47.23 per hour for clerical.
 (ii)	Estimating Annualized Capital Costs
There are no annualized capital costs associated with this ICR.
(iii)	Estimating O&M Costs
      The annual O&M costs associated with this ICR are the costs associated with the data acquisition system upgrade to accommodate reporting of net energy output rate based emissions. Exhibit 1a presents this one-time cost and Exhibit 1c presents the nationwide 3-year average annual O&M cost.
(c)	Estimating Agency Burden and Cost
Because the information collection requirements were developed as an incidental part of standards development, no costs can be attributed to the development of the information collection requirements. Because reporting and recordkeeping requirements on the part of the respondents are required under the part 60 General Provisions, no operational costs will be incurred by the Federal Government. Publication and distribution of the information are part of the Compliance Data System, with the result that no Federal costs can be directly attributed to the ICR. Examination of records to be maintained by the respondents will occur incidentally as part of the periodic inspection of sources that is part of the EPA's overall compliance and enforcement program, and, therefore, is not attributable to the ICR. The only costs that the Federal government could incur are user costs associated with the analysis of the reported information. The Federal government would not incur those costs as a result of these proposed standards.
(d)	 Estimating the Respondent Universe and Total Burden and Costs.
Although not anticipated, if an EGU were to modify or reconstruct over the 3-year period of the ICR, it would become subject to the proposed regulation. For one modified or reconstructed EGU, the total annual number of responses for the new monitoring, recordkeeping, and reporting requirements in proposed subpart TTTT over the 3-year ICR period is estimated to be 13. The average number of annual responses over the 3-year ICR period is 4.33 per year.
The overall annual public reporting and recordkeeping burden for this collection of information is estimated to average 47.3 hours per response.  This average reflects 8.25 hours per response for preparation and submittal of each quarterly summary report and 516 hours for the one-time development of a monitoring system for net energy output. The total annual labor burden over the 3-year ICR period is estimated to be 615 person hours. The average annual labor burden for the rule is estimated to be 205 person hours per year.
The total annual labor costs over the 3-year ICR period are estimated at $51,650. The average annual labor costs to industry over the 3-year period of this ICR are estimated to be $17,217 per year.
(e)	Bottom Line Burden Hours and Cost Tables
There are no annualized capital costs associated with this ICR. The one-time O&M cost of the data acquisition system upgrade to accommodate reporting of net energy output rate based emissions is approximately $500. The average annual O&M cost associated with this ICR is, therefore, approximately $167. The bottom line labor hours and costs burden for the 3-year ICR period appear in Exhibits 1a and 1b, with the average annual labor hours and costs presented in Exhibit 1c.
(f)	Reasons for Change in Burden.
The increase in burden is due to this being a new ICR that estimates burden associated with proposed standards for modified and reconstructed EGUs.
(g)	Burden Statement
The average annual labor-hour burden for the rule is estimated to be 205 person hours per year and the average annual labor costs are estimated to be $17,217 per year. There are no annualized capital costs associated with this ICR. The average annual O&M costs associated with this ICR are estimated to be approximately $167. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.
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. The OMB control numbers for EPA's regulations in 40 CFR part 60 are listed in 40 CFR part 9.
To comment on the agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, the EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OAR-2013-0603, which is available for online viewing at www.regulations.gov, or in person viewing at the Air and Radiation Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center 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 Reading Room is<PHONE_NUMBER>, and the telephone number for the Air and Radiation Docket and Information Center is<PHONE_NUMBER>. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select "search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OAR-2013-0603 in any correspondence.
PART B
This section is not applicable because statistical methods are not used in data collection associated with the final amendments.

Exhibit 1a.	Year 1 Respondent Burden and Cost of Reporting and Recordkeeping Requirements, NSPS for GHG Emissions for Modified and Reconstructed EGUs (40 CFR part 60, subpart TTTT)

                                    Year 1
                                      (A)
                             Hours per Occurrence
                       (B)  Occurrences/ Respondent/Year
                                      (C)
                       Hours/ Respondent/
Year (A x B)
                            (D)  Respondents/ Year
                           (E)  Technical Hours/Year
                                 (C x D x .79)
                                      (F)
                             Managerial Hours/Year
                                 (C x D x .09)
                                      (G)
                              Clerical Hours/Year
                                (C x D x .12)
                                      (H)
                                  Cost/ Year
REPORTING REQUIREMENTS

Develop monitoring system for net energy output [a,b]
                                                                            516
                                                                              1
                                                                            516
                                                                              1
                                                                            516

                                                                        $43,400

Prepare/Submit Summary Report
  Includes reporting of excess emissions & downtime
                                                                           8.25
                                                                              4
                                                                             33
                                                                              1
                                                                            26
                                                                             3
                                                                             4
                                                                         $2,750
TOTAL ANNUAL LABOR BURDEN AND COST

                                                                              4

                                                                              1
                                                                           542
                                                                             3
                                                                             4
                                                                        $46,150

                                                                           549
                                                                          Hours

AVERAGE ANNUALIZED COSTS (O&M)

      Data acquisition system upgrade [c]

                                                                           $500

[a] Includes the one-time development of a monitoring system (including metering hardware and software engineering) to monitor,
calculate, and report hourly net energy output into the ECMPS; incurred in Year 1.
[b] Burden hours based on 1 FTE per facility per month for 3 months to develop the monitoring system; with a wage rate of
$84.06 per hour, the cost is estimated to be $43,400 per facility. No managerial or clerical labor is involved (assume 100 percent
Technical labor).
[c] One-time cost; incurred in Year 1.

Exhibit 1b.	Years 2 and 3 Respondent Burden and Cost of Reporting and Recordkeeping Requirements, NSPS for GHG Emissions for Modified and Reconstructed EGUs (40 CFR part 60, subpart TTTT)

                                 Years 2 and 3
                                      (A)
                             Hours per Occurrence
                       (B)  Occurrences/ Respondent/Year
                                      (C)
                       Hours/ Respondent/
Year (A x B)
                            (D)  Respondents/ Year
                           (E)  Technical Hours/Year
                                 (C x D x .79)
                                      (F)
                             Managerial Hours/Year
                                 (C x D x .09)
                                      (G)
                              Clerical Hours/Year
                                (C x D x .12)
                                      (H)
                                  Cost/ Year
REPORT REQUIREMENTS

Prepare/Submit Summary Report
  Includes reporting of excess emissions & downtime
                                                                           8.25
                                                                              4
                                                                             33
                                                                              1
                                                                            26
                                                                             3
                                                                             4
                                                                         $2,750
TOTAL ANNUAL LABOR BURDEN AND COST

                                                                              4

                                                                              1
                                                                            26
                                                                             3
                                                                             4
                                                                         $2,750

                                                                            33
                                                                          Hours

Exhibit 1c. Summary of Respondent Burden and Cost of Reporting and Recordkeeping Requirements, NSPS Emission Guidelines for GHG Emissions for Modified and Reconstructed EGUs (40 CFR part 60, subpart TTTT)

                                    Totals
                          Annual Labor Burden (Hours)
                              Annual
Labor Costs
                           Annualized
Capital Costs
                             Annual
O&M Costs
                               Annualized Costs
                                 3-Year Total
                                      615
                                    $51,650
                                      $0
                                     $500
                                     $500
                                Average Annual
                                      205
                                    $17,217
                                      $0
                                     $167
                                     $167
                         Average Annual per Respondent
                                      205
                                    $17,217
                                      $0
                                     $167
                                     $167


[Federal Register Volume 88, Number 135 (Monday, July 17, 2023)]
[Notices]
[Pages 45430-45431]
[FR Doc No: 2023-15079]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-N-2607]

Issuance of Priority Review Voucher; Rare Pediatric Disease
Product

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
issuance of a priority review voucher to the sponsor of a rare
pediatric disease product application. The Federal Food, Drug, and
Cosmetic Act (FD&C Act) authorizes FDA to award priority review
vouchers to sponsors of approved rare pediatric disease product
applications that meet certain criteria. FDA is required to publish
notice of the award of the priority review voucher. FDA has determined
that ELEVIDYS (delandistrogene moxeparvovec-rokl), manufactured by
Sarepta Therapeutics, Inc., meets the criteria for a priority review
voucher.

FOR FURTHER INFORMATION CONTACT: Myrna Hanna, Center for Biologics
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-
402-7911.

SUPPLEMENTARY INFORMATION: FDA is announcing the issuance of a priority
review voucher to the sponsor of an approved rare pediatric disease
product application. Under section 529 of the FD&C Act (21 U.S.C.
360ff), FDA will award priority review vouchers to sponsors of approved
rare pediatric disease product applications that meet certain criteria.
FDA has determined that ELEVIDYS, manufactured by Sarepta Therapeutics,
Inc., meets the criteria for a priority review voucher.
    ELEVIDYS is indicated for treatment of ambulatory pediatric
patients aged 4 through 5 years with Duchenne muscular dystrophy (DMD)
with confirmed mutation in the DMD gene.
    For further information about the Rare Pediatric Disease Priority
Review Voucher Program and for a link to the full text of section 529
of the FD&C Act, go to https://www.fda.gov/industry/developing-products-rare-diseases-conditions/rare-pediatric-disease-rpd-designation-and-voucher-programs. For further information about
ELEVIDYS, go to the Center for Biologics Evaluation and Research's
Approved Cellular and Gene Therapy Products website at https://www.fda.gov/vaccines-blood-biologics/cellular-gene-therapy-products/approved-cellular-and-gene-therapy-products.

    Dated: July 12, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-15079 Filed 7-14-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Notices]
[Pages 50803-50804]
[FR Doc No: 2011-20706]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65085; File No. SR-BATS-2011-025]

 Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Fees for Use of BATS Exchange, Inc.

August 10, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 29, 2011, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes amend the fee schedule applicable to Members
\5\ and non-members of the Exchange pursuant to BATS Rules 15.1(a) and
(c). While changes to the fee schedule pursuant to this proposal will
be effective upon filing, the changes will become operative on August
1, 2011.
---------------------------------------------------------------------------

    \5\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.

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

    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to modify the ``Equities Pricing'' section of
its fee schedule effective August 1, 2011, in order to modify pricing
related to executions that occur on EDGA EXCHANGE, Inc. (``EDGA'')
through the Exchange's TRIM routing strategy.\6\ EDGA is implementing
certain pricing changes effective August 1, 2011, including
introduction of a fee to remove liquidity of $0.0006 per share. To
maintain a direct pass through of the applicable cost to execute at
EDGA, the Exchange proposes to charge $0.0006 per share for an order
routed through its TRIM routing strategy and executed on EDGA.
---------------------------------------------------------------------------

    \6\ As defined in BATS Rule 11.13(a)(3)(G).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\7\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\8\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive. The Exchange believes that the
proposed change to one of the Exchange's non-standard routing fees and
strategies is competitive, fair and reasonable, and non-discriminatory
in that it is equally applicable to all Members and is designed to
mirror the cost applicable to the execution if such routed orders were
executed directly by the Member at EDGA Exchange.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change imposes
any burden on competition.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    No written comments were solicited or received.

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

    Pursuant to Section 19(b)(3)(A)(ii) of the Act \9\ and Rule 19b-
4(f)(2) thereunder,\10\ the Exchange has designated this proposal as
establishing or changing a due, fee, or other charge applicable to the
Exchange's Members and non-members, which renders the proposed rule
change effective upon filing.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-BATS-2011-025 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-BATS-2011-025. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing will also be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-BATS-2011-025 and should be
submitted on or before September 6, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Elizabeth M. Murphy,
Secretary.
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. 2011-20706 Filed 8-15-11; 8:45 am]
BILLING CODE 8011-01-P


             Juan
             Santiago/RTP/USE
             PA/US                                                   To
<EMAIL_ADDRESS>
             03/25/2007 09:02                                        cc
             PM
                                                                Subject
                                      Fw: Preamble Inserts for the PSD,
                                      NA NSR, and Title V:  Treatment
                                      of Certain Ethanol Production
                                      Facilities Under the "Major
                                      Emitting Facility" Definition FRN

Dear Amy, I noticed that Bill Harnett had used this email address
previously so I am resending the preamble inserts to ensure that you
have received them.

Thanks,
Juan

----- Forwarded by Juan Santiago/RTP/USEPA/US on 03/25/2007 09:01 PM
-----

             Juan
             Santiago/RTP/USE
             PA/US                                                   To
<EMAIL_ADDRESS>
             03/23/2007 04:21                                        cc
             PM                       Joanna Swanson/RTP/USEPA/US@EPA,
                                      Bill Harnett/RTP/USEPA/US@EPA,
                                      Michael Ling/RTP/USEPA/US@EPA,
                                      Lynn Hutchinson/RTP/USEPA/US@EPA
                                                                Subject
                                      Re: Preamble Inserts for the PSD,
                                      NA NSR, and Title V:  Treatment
                                      of Certain Ethanol Production
                                      Facilities Under the "Major
                                      Emitting Facility" Definition FRN

Dear Amy,

Per our conversation yesterday and my voice mail today, attached are two
files containing some changes to the ethanol rulemaking package that's
currently undergoing review.  Both files are to be inserted in the
officially submitted version from March 20.  The first file replaces
language on page 20.  The second file is an insert for a place holder
left on page 85.  Both files contain a short statement on where they
should go, in case there is any confusion.

If you have any questions, you can contact me via email or by phone at
(919) 699-8163.

Thanks,

Juan

(See attached file: InsertApage19-20.32307.doc)
--------------------------->  Page 20 insert

 (See attached file: InsertBethanolplaceholderlanguage32307.doc)
-------------->  Page 85 insert

 InsertApage19-20.323074.doc

 InsertBethanolplaceholderlanguage323072.doc