[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Rules and Regulations]
[Pages 26354-26359]
[FR Doc No: 2017-11700]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2016-0631; FRL-9963-54-OAR]

Approval of Tennessee's Request To Relax the Federal Reid Vapor
Pressure Gasoline Volatility Standard for Davidson, Rutherford, Sumner,
Williamson, and Wilson Counties; and Minor Technical Corrections for
Federal Reid Vapor Pressure Gasoline Volatility Standards in Other
Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a request from the state of Tennessee for EPA to
relax the Reid Vapor Pressure (RVP) standard applicable to gasoline
introduced into commerce from June 1 to September 15 of each year in
Davidson, Rutherford, Sumner, Williamson, and Wilson Counties (the
Middle Tennessee Area). Specifically, EPA is approving amendments to
the regulations to allow the gasoline RVP standard for the five
counties to rise from 7.8 pounds per square inch (psi) to 9.0 psi. EPA
has determined that this change to the federal RVP regulation is
consistent with the applicable provisions of the Clean Air Act (CAA).
Finally, EPA is making several minor technical corrections to address
clerical errors made in prior rulemakings that relaxed the gasoline RVP
standard in other areas.

DATES: This final rule is effective on June 7, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2016-0631. All documents in the docket are listed on the
www.regulations.gov Web site. Although listed in the index, some
information may not be publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available
electronically through www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: David Dickinson, Office of
Transportation and Air Quality, U.S. Environmental Protection Agency,
1200 Pennsylvania Avenue, Washington, DC 20460; telephone number: (202)
343-9256; email address<EMAIL_ADDRESS>or Rudolph Kapichak,
Office of Transportation and Air Quality, U.S. Environmental Protection
Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number:
(734) 214-4574; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    The contents of this preamble are listed in the following outline:

I. General Information
II. Action Being Taken
III. History of the Gasoline Volatility Requirement

IV. EPA's Policy Regarding Relaxation of Gasoline Volatility
Standards in Ozone Nonattainment Areas That Are Redesignated as
Attainment Areas
V. Tennessee's Request to Relax the Federal Gasoline RVP Requirement
for Davidson, Rutherford, Sumner, Williamson, and Wilson Counties
VI. Response to Comments
VII. Final Action
VIII. Technical Corrections
IX. Statutory and Executive Order Reviews
X. Legal Authority and Statutory Provisions

    Effective date. Section 553(d) of the Administrative Procedure Act
(APA), 5 U.S.C. Chapter 5, generally provides that rules may not take
effect earlier than 30 days after they are published in the Federal
Register. EPA is issuing this final rule under CAA section 307(d)(1)
which states: ``The provisions of section 553 through 557 . . . of
Title 5 shall not, except as expressly provided in this subsection,
apply to actions to which this subsection applies.'' Thus, section
553(d) of the APA does not apply to this rule. EPA is nevertheless
acting consistently with the policies underlying APA section 553(d) in
making this rule effective June 7, 2017. APA section 553(d) allows an
effective date less than 30 days after publication for a rule ``that
grants or recognizes an exemption or relieves a restriction.'' 5 U.S.C.
553(d)(1). This rule fits within that exception because it lifts a
restriction on the introduction into commerce of gasoline with an RVP
of greater than 7.8 psi sold in Davidson, Rutherford, Sumner,
Williamson, and Wilson Counties between June 1 and September 15 of each
year. Because this action can be considered to relieve a restriction
that would otherwise prevent the introduction into commerce of gasoline
with an RVP of greater than 7.8 psi, EPA is making this action
effective on June 7, 2017.

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this rule are fuel producers and
distributors who do business in the Middle Tennessee Area.

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                                                             NAICS \1\
       Examples of potentially regulated entities              codes
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Petroleum refineries....................................          324110
Gasoline Marketers and Distributors.....................          424710
                                                                  424720
Gasoline Retail Stations................................          447110
Gasoline Transporters...................................          484220
                                                                  484230
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    The above table is not intended to be exhaustive, but rather
provides a guide for readers regarding entities likely to be regulated
by this action. The table lists the types of entities of which EPA is
aware that potentially could be affected by this rule. Other types of
entities not listed on the table could also be affected by this rule.
To determine whether your organization could be affected by this rule,
you should carefully examine the regulations in 40 CFR 80.27. If you
have questions regarding the applicability of this action to a
particular entity, see the FOR FURTHER INFORMATION CONTACT section of
this preamble.
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    \1\ North American Industry Classification System.
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B. What is EPA's authority for taking this action?

    The statutory authority for this action is granted to EPA by
Sections 211(h) and 301(a) of the CAA, as amended; 42 U.S.C. 7545(h)
and 7601(a).

II. Action Being Taken

    This final rule approves a request from the state of Tennessee to
change the summertime gasoline RVP standard for Davidson, Rutherford,
Sumner, Williamson, and Wilson Counties from 7.8 psi to 9.0 psi by
amending EPA's regulations at 40 CFR 80.27(a)(2). In a previous
rulemaking, EPA approved a maintenance plan revision for the Middle
Tennessee Area for the 1997 ozone national ambient air quality standard
(NAAQS) and a CAA section 110(l) non-interference demonstration that
relaxing the federal RVP gasoline requirement from 7.8 psi to 9.0 psi
for gasoline sold from June 1 to September 15 of each year would not
interfere with maintenance of the NAAQS in the Middle Tennessee Area.
For more information on EPA's approval of Tennessee's maintenance plan
revision for the Middle Tennessee Area and the CAA section 110(l) non-
interference demonstration, please refer to the May 1, 2017 rulemaking.
(82 FR 20260).
    The preamble for this rulemaking is organized as follows: Section
III. provides the history of the federal gasoline volatility
regulation. Section IV. describes the policy regarding relaxation of
volatility standards in ozone nonattainment areas that are redesignated
as attainment areas. Section V. provides information specific to
Tennessee's request for Davidson, Rutherford, Sumner, Williamson, and
Wilson Counties. Section VI. provides a response to the comments EPA
received. Section VII. presents the final action in response to
Tennessee's request. Finally, Section VIII. provides an explanation of
the minor technical corrections being made to 40 CFR 80.27(a)(2)(ii).

III. History of the Gasoline Volatility Requirement

    On August 19, 1987 (52 FR 31274), EPA determined that gasoline
nationwide was becoming increasingly volatile, causing an increase in
evaporative emissions from gasoline-powered vehicles and equipment.
Evaporative emissions from gasoline, referred to as volatile organic
compounds (VOCs), are precursors to the formation of tropospheric ozone
and contribute to the nation's ground-level ozone problem. Exposure to
ground-level ozone can reduce lung function, thereby aggravating asthma
and other respiratory conditions, increase susceptibility to
respiratory infection, and may contribute to premature death in people
with heart and lung disease.
    The most common measure of fuel volatility that is useful in
evaluating gasoline evaporative emissions is RVP. Under CAA section
211(c), EPA promulgated regulations on March 22, 1989 (54 FR 11868)
that set maximum limits for the RVP of gasoline sold during the
regulatory control periods that were established on a state-by-state
basis in the final rule. The regulatory control periods addressed the
portion of the year when peak ozone concentrations were expected. These
regulations constituted Phase I of a two-phase nationwide program,
which was designed to reduce the volatility of gasoline during the high
ozone season. On June 11, 1990 (55 FR 23658), EPA promulgated more
stringent volatility controls as Phase II of the volatility control
program. These requirements established maximum gasoline RVP standards
of 9.0 psi or 7.8 psi (depending on the state, the month, and the
area's initial ozone attainment designation with respect to the 1-hour
ozone NAAQS).
    The 1990 CAA Amendments established a new section 211(h) to address
fuel volatility. CAA section 211(h) requires EPA to promulgate
regulations making it unlawful to sell, offer for sale, dispense,
supply, offer for supply, transport, or introduce into commerce
gasoline with an RVP level in excess of 9.0 psi during the high ozone
season. CAA section 211(h) also prohibits EPA from establishing a
volatility standard more stringent than 9.0 psi in an attainment area,
except that EPA may impose a lower (more stringent) standard in any
former ozone nonattainment area redesignated to attainment.
    On December 12, 1991 (56 FR 64704), EPA modified the Phase II
volatility regulations to be consistent with CAA section 211(h). The
modified regulations

prohibited the sale of gasoline with an RVP above 9.0 psi in all areas
designated attainment for ozone, effective January 13, 1992. For areas
designated as nonattainment, the regulations retained the original
Phase II standards published on June 11, 1990 (55 FR 23658), which
included the 7.8 psi ozone season limitation for certain areas. As
stated in the preamble to the Phase II volatility controls and
reiterated in the proposed change to the volatility standards published
in 1991, EPA will rely on states to initiate changes to their
respective volatility programs. EPA's policy for approving such changes
is described below in Section IV. of this action.
    The state of Tennessee has initiated this change by requesting that
EPA relax the 7.8 psi gasoline RVP standard to 9.0 psi for Davidson,
Rutherford, Sumner, Williamson, and Wilson Counties, which are subject
to the 7.8 gasoline RVP requirement during the summertime ozone season.
Accordingly, the state of Tennessee provided a technical demonstration
showing that relaxing the federal gasoline RVP requirements in the five
counties from 7.8 psi to 9.0 psi would not interfere with maintenance
of the NAAQS in the Middle Tennessee Area or with any other applicable
CAA requirement. See Section V. of this action for information specific
to Tennessee's request for the Middle Tennessee Area.

IV. EPA's Policy Regarding Relaxation of Gasoline Volatility Standards
in Ozone Nonattainment Areas That Are Redesignated as Attainment Areas

    As stated in the rulemaking for EPA's amended Phase II volatility
standards (56 FR 64706), any change in the volatility standard for a
nonattainment area that was subsequently redesignated as an attainment
area must be accomplished through a separate rulemaking that revises
the applicable standard for that area. Thus, for former 1-hour ozone
nonattainment areas where EPA mandated a Phase II volatility standard
of 7.8 psi RVP in the December 12, 1991 rulemaking, the federal 7.8 psi
RVP gasoline requirement remains in effect, even after such an area is
redesignated to attainment, until a separate rulemaking is completed
that relaxes the federal RVP gasoline standard in that area from 7.8
psi to 9.0 psi.
    As explained in the December 12, 1991 rulemaking, EPA believes that
relaxation of an applicable gasoline RVP standard is best accomplished
in conjunction with the redesignation process. In order for an ozone
nonattainment area to be redesignated as an attainment area, CAA
section 107(d)(3) requires the state to make a showing, pursuant to CAA
section 175A(a), that the area is capable of maintaining attainment for
the ozone NAAQS for ten years. Depending on the area's circumstances,
this maintenance plan will either demonstrate that the area is capable
of maintaining attainment for ten years without the more stringent
gasoline volatility standard or that the more stringent gasoline
volatility standard may be necessary for the area to maintain
attainment of the ozone NAAQS. Therefore, in the context of a request
for redesignation, EPA will not relax the gasoline volatility standard
unless the state requests a relaxation and the maintenance plan
demonstrates to the satisfaction of EPA that the area will maintain
attainment for ten years without the need for the more stringent
volatility standard.

V. Tennessee's Request To Relax the Federal Gasoline RVP Requirement
for Davidson, Rutherford, Sumner, Williamson, and Wilson Counties

    On November 21, 2016, the state of Tennessee, through the Tennessee
Department of Environment and Conservation (TDEC), submitted a request
to revise its CAA section 110(a)(1) maintenance plan for the 1997 ozone
NAAQS for the Middle Tennessee Area. The revised maintenance plan
adjusts the on-road emissions inventory and maintenance demonstration
so that they account for removal of the federal requirement to sell 7.8
psi gasoline and instead sell gasoline with an RVP of 9.0 psi during
the summer ozone season. As part of its request, TDEC also submitted a
CAA section 110(l) non-interference demonstration that removal of the
federal RVP requirement of 7.8 psi for gasoline during the summertime
ozone season for the Middle Tennessee Area would not interfere with
maintenance of any NAAQS, including the 1997 and 2015 ozone NAAQS.
Specifically, the State provided a technical demonstration showing that
relaxing the federal gasoline RVP requirement in the five counties,
from 7.8 psi to 9.0 psi, would not interfere with maintenance of the
ozone NAAQS or with any other applicable requirement of the CAA.
    On February 24, 2017, EPA proposed to approve the revised
maintenance plan and section 110(l) non-interference demonstration. The
proposal provided an opportunity for the public to comment on the
action. (82 FR 11517). EPA received no comments on the proposal to
approve the revised maintenance plan request and the non-interference
demonstration for the Middle Tennessee Area. In a May 1, 2017 final
rule, EPA approved Tennessee's November 21, 2016 revised maintenance
plan for the Middle Tennessee Area. (82 FR 20260). The revised CAA
section 110(a)(1) maintenance plan provides for continued attainment
and maintenance of the 1997 ozone NAAQS. In this final rule, EPA also
approved Tennessee's non-interference demonstration for the Middle
Tennessee Area.
    In today's action, EPA is taking the final step in the process to
approve Tennessee's request to relax the summertime ozone season
gasoline RVP standard for Davidson, Rutherford, Sumner, Williamson, and
Wilson Counties from 7.8 psi to 9.0 psi. Specifically, EPA is amending
the applicable gasoline RVP standard from 7.8 psi to 9.0 psi provided
at 40 CFR 80.27(a)(2) for the five counties. This action is based on
EPA's May 1, 2017 approval of Tennessee's November 21, 2016 revised
maintenance plan request and the non-interference demonstration.
    EPA's proposal to amend the applicable gasoline RVP standard from
7.8 psi to 9.0 psi (April 12, 2017, 82 FR 17597) was subject to public
notice-and-comment. EPA received seven comments on its proposal. These
comments are discussed in Section VI. below.
    Finally, EPA is approving this change to 40 CFR part 80 based on a
request from the State and because EPA made a final determination in
its May 1, 2017 final rule (82 FR 20260) that the State made an
adequate demonstration to show that removal of this federal requirement
would not interfere with air quality in the Middle Tennessee Area.
Further, this final action is consistent with CAA requirements. Based
upon these factors, EPA is approving Tennessee's request to relax the
federal RVP gasoline requirements in the Middle Tennessee Area from 7.8
psi to 9.0 psi.

VI. Response to Comments

    EPA received seven comments on its April 12, 2017 proposal to relax
the gasoline standard from 7.8 psi to 9.0 psi. EPA believes that all of
these comments are outside the scope of today's action as discussed
further below.
    Comment: EPA received six comments that expressed a general concern
that the relaxation of the RVP gasoline standard would result in a
negative impact on air quality.
    Response: These comments, which are outside the scope of today's
final rule, pertain to issues that have already been addressed in the
May 1, 2017 rulemaking that evaluated the State's

demonstration of potential air quality impacts of changing the
summertime gasoline standard in the Middle Tennessee Area. (82 FR
20260). At proposal, EPA evaluated the impacts on air quality
associated with the change in RVP requirements and determined that any
such impacts will not interfere with attainment or maintenance of any
NAAQS or with any other applicable requirement of the CAA as required
by CAA section 110(l). (82 FR 11517, 11520-11522, February 24, 2017).
EPA received no adverse comments on that proposal, which was subject to
a 30-day notice and comment opportunity for the public. Further, in the
April 12, 2017 proposal to this action, EPA did not reopen the May 1,
2017 rulemaking for public comments.
    Comment: EPA received another comment concerning the impact of the
1.0 psi RVP waiver that is provided to gasoline containing 10 percent
ethanol.\2\ The commenter expressed several concerns with the 1.0 psi
waiver, as well as a concern with the potential impacts of relaxing the
summertime gasoline standard on the ability of the area to attain the
2015 ozone NAAQS. The commenter also asked for clarification of how
Tennessee calculated emissions changes resulting from increasing the
RVP of gasoline sold in the Area.
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    \2\ See CAA section 211(h)(4).
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    Response: The commenter's general concern with the national 1.0 psi
waiver for gasoline containing 10 percent ethanol are beyond the scope
of this rulemaking. Moreover, CAA section 211(h)(4) specifically allows
the RVP limits for fuel blends containing gasoline and 10 percent
ethanol to be 1.0 psi greater than the applicable regulatory RVP limits
established in accordance with CAA section 211(h)(1). In this
rulemaking, EPA is merely revising the summertime RVP limit for the
Middle Tennessee Area pursuant to a request from the State, which the
State supported with the demonstration that the area will continue to
maintain the 1997 ozone NAAQS, and that the RVP increase will not
interfere with the Area's ability to attain other NAAQS including the
2015 ozone NAAQS or interfere with any other CAA requirement.
    With regard to the possibility that the summertime gasoline RVP
increase could jeopardize the area's ability to remain in attainment
with the 2015 ozone NAAQS of 70 ppb, as previously explained, this
comment is beyond the scope of this rulemaking. Further, as also
previously explained, the proposal for the May 1, 2017 rulemaking
contained an evaluation of the air quality impacts associated with the
change in RVP requirements and determined that any such impacts will
not interfere with attainment or maintenance of any NAAQS or with any
other applicable requirement of the CAA as required by CAA section
110(l). Thus, EPA, in a prior rulemaking, which included extensive
information and data from the State, such as the projection of the
design values and the effect of slight increases in emissions
associated with the RVP relaxation, has concluded that the Area would
continue to attain any ozone NAAQS, including the 2015 ozone NAAQS,
after the RVP relaxation. (82 FR 20260, May 1, 2017). In the February
24, 2017 proposal, EPA had also provided adequate opportunity for
public comments on the CAA section 110(l) non-interference
demonstration as well as the extensive information that supported the
demonstration. No adverse comments were received on that proposal. The
proposed notice for today's action did not re-open the previous
rulemaking.
    Similarly, EPA believes that the comment on Tennessee's
calculations of the emissions change due to the RVP relaxation is also
beyond the scope of this rulemaking. As previously explained, EPA
provided adequate opportunity for public comment on the previous
rulemaking that approved the State's maintenance plan revision and CAA
section 110(l) non-interference demonstration. (82 FR 20260, May 1,
2017). No adverse comments were received on the proposal for the May 1,
2017 rulemaking. Notwithstanding that this comment is outside of the
scope of this rulemaking, Tennessee did properly quantify the emissions
change attributed to the increase of the summertime RVP standard of 7.8
psi (effectively 8.8 psi with the 1.0 psi ethanol waiver) to 9.0 psi
(effectively 10.0 psi with the 1.0 psi ethanol waiver). (82 FR 11517,
11520-11523, February 24, 2017). As noted above, the proposed notice
for today's action did not re-open the previous rulemaking. Based on
the evidence in the record, EPA is granting the State's request to
relax the summertime RVP standard from 7.8 psi to 9.0 psi.

VII. Final Action

    EPA is taking final action to approve the request from Tennessee
for EPA to relax the RVP applicable to gasoline introduced into
commerce from June 1 to September 15 of each year in Davidson,
Rutherford, Sumner, Williamson, and Wilson Counties. Specifically, this
action amends the applicable gasoline RVP standard from 7.8 psi to 9.0
psi provided at 40 CFR 80.27(a)(2) for the Middle Tennessee Area.

VIII. Technical Corrections

    We are taking this opportunity to make several minor technical
corrections to 40 CFR 80.27(a)(2)(ii) in order to accurately reflect
the regulatory changes to this subparagraph that occurred as the result
of prior rulemakings. These prior rulemakings concerned the relaxation
of the gasoline RVP standard in other areas of the country. The changes
are specified in the following paragraph. These corrections have no
effect on the stringency or applicability of the regulations.\3\
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    \3\ 40 CFR 80.27(a)(2)(ii) had not accurately reflected that the
North Carolina entry in the table also included footnotes 6 and 9.
As a result of today's rulemaking, the table will include the
addition of Middle Tennessee and a new footnote 10 associated with
it. The footnotes below the table were also inaccurate in that
incorrect counties or areas were associated with the wrong footnote
numbers. Therefore, the preexisting language in footnote 6 is
retained but is renumbered as footnote 8. Similarly, the preexisting
language in footnote 7 is retained but is renumbered as footnote 9.
The correct version of footnotes 6 and 7 were not included in the
preexisting language and thus new footnotes 6 and 7 are added in
this final rule.
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    The amendments are as follows:
    1. In 40 CFR 80.27(a)(2)(ii), the table is amended by:
    a. Adding footnote numbers 6 and 9 in the table for North Carolina;
    b. Adding the ``Middle Tennessee Area'' in the table for Tennessee
and adding footnote number 10 next to it;
    2. In 40 CFR 80.27(a)(2)(ii), the footnotes below the table are
amended by:
    a. Renumbering the existing footnote 6 below the table to a new
footnote 8. Footnote 8 will read: ``The standard for Jefferson and
Shelby Counties from June 1 until September 15 in 1992 through July 2,
2015 was 7.8 psi.'';
    b. Renumbering the existing footnote 7 below the table to a new
footnote 9. Footnote 9 will read: ``The standard for Mecklenburg and
Gaston Counties from June 1 until September 15 in 1992 through 2015 was
7.8 psi.'';
    c. Adding a new footnote 6 below the table. Footnote 6 will read:
``The standard for Davidson, Forsyth and Guilford Counties and a
portion of Davie County from June 1 until September 15 in 1992 through
2013 was 7.8 psi.'';
    d. Adding a new footnote 7 below the table. Footnote 7 will read:
``The standard for Durham and Wake Counties, and a portion of
Dutchville Township in Granville County from June 1 until September 15
in 1992 through 2013 was 7.8 psi.''

IX. Statutory and Executive Order Reviews

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

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

B. Paperwork Reduction Act

    This action does not impose any new information collection burden
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq., and therefore is not subject to these requirements.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. The small entities subject to the
requirements of this action are refiners, importers or blenders of
gasoline that choose to produce or import low RVP gasoline for sale in
Tennessee and gasoline distributers and retail stations in Tennessee.
This action relaxes the federal RVP standard for gasoline sold in
Davidson, Rutherford, Sumner, Williamson, and Wilson Counties during
the summertime ozone season (June 1 to September 15 of each year) to
allow the RVP for gasoline sold to rise from 7.8 psi to 9.0 psi. This
rule does not impose any requirements or create impacts on small
entities beyond those, if any, already required by or resulting from
the CAA section 211(h) Volatility Control program. We have, therefore,
concluded that this action will have no net regulatory burden for all
directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This final rule does not contain an unfunded mandate of $100
million or more as described in the UMRA, 2 U.S.C. 1531-1538, and does
not significantly or uniquely affect small governments. The action
implements mandates that are specifically and explicitly set forth in
CAA section 211(h) without the exercise of any policy discretion by
EPA.

E. Executive Order 13132 (Federalism)

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

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

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This final rule
affects only those refiners, importers or blenders of gasoline that
choose to produce or import low RVP gasoline for sale in the Middle
Tennessee Area and gasoline distributers and retail stations in the
Middle Tennessee Area. Thus, Executive Order 13175 does not apply to
this action.

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

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order. EPA has no reason to believe that this action may
disproportionately affect children since Tennessee has demonstrated
that a relaxation of the gasoline RVP will not interfere with its
attainment of the ozone NAAQS for the Middle Tennessee Area, or any
other applicable CAA requirement.

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

    This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act

    This action does not involve technical standards.

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

    EPA believes the human health or environmental risk addressed by
this action will not have potential disproportionately high and adverse
human health or environmental effects on minority, low-income or
indigenous populations because it does not affect the applicable ozone
NAAQS which establish the level of protection provided to human health
or the environment. This rule relaxes the applicable volatility
standard of gasoline during the summer, possibly resulting in slightly
higher mobile source emissions. However, the state of Tennessee's non-
interference demonstration that this action will not interfere with
maintenance of the ozone NAAQS in the Middle Tennessee Area, or with
any other applicable CAA requirement. Therefore, disproportionately
high and adverse human health or environmental effects on minority or
low-income populations are not an anticipated result. The results of
this evaluation are described in Section V. of this final rule. A copy
of Tennessee's November 21, 2016 SIP revision requesting that EPA relax
the gasoline RVP standard, including the technical analysis
demonstrating that the less stringent gasoline RVP in the Davidson,
Rutherford, Sumner, Williamson, and Wilson Counties would not interfere
with continued maintenance of the 2008 ozone NAAQS, or with any other
applicable CAA requirement, has been placed in the public docket for
this action.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

L. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 7, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to

enforce its requirements. See CAA section 307(b)(2).

X. Legal Authority and Statutory Provisions

    The statutory authority for this action is granted to EPA by CAA
sections 211(h) and 301(a), as amended; 42 U.S.C. 7545(h) and 7601(a).

List of Subjects in 40 CFR Part 80

    Environmental protection, Administrative practice and procedures,
Air pollution control, Fuel additives, Gasoline, Motor vehicle and
motor vehicle engines, Motor vehicle pollution, Penalties, Reporting
and recordkeeping requirements.

    Dated: May 31, 2017.
E. Scott Pruitt,
Administrator.

    For the reasons discussed in the preamble, the Environmental
Protection Agency is amending 40 CFR part 80 as follows:

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

0
1. The authority citation for part 80 continues to read as follows:

    Authority:  42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).

0
2. Section 80.27 is amended in the table in paragraph (a)(2)(ii) by:
0
a. Revising the entries for North Carolina and Tennessee.
0
b. Revising footnotes 6 and 7.
0
c. Adding new footnotes 8, 9, and 10.
    The revisions and additions read as follows:

Sec.  80.27  Controls and prohibitions on gasoline volatility.

    (a) * * *
    (2) * * *
    (ii) * * *

                                Applicable Standards 1 1992 and Subsequent Years
----------------------------------------------------------------------------------------------------------------
              State                     May            June            July           August         September
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
North Carolina 6 7 9............             9.0             9.0             9.0             9.0             9.0

                                                  * * * * * * *
Tennessee:
    Knox County.................             9.0             9.0             9.0             9.0             9.0
    Middle Tennessee Area \10\..             9.0             9.0             9.0             9.0             9.0
    All volatility nonattainment             9.0             7.8             7.8             7.8             7.8
     areas......................

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Standards are expressed in pounds per square inch (psi).
 * * * * * * *
\6\ The standard for Davidson, Forsyth and Guilford Counties and a portion of Davie County from June 1 until
  September 15 in 1992 through 2013 was 7.8 psi.
\7\ The standard for Durham and Wake Counties, and a portion of Dutchville Township in Granville County from
  June 1 until September 15 in 1992 through 2013 was 7.8 psi.
\8\ The standard for Jefferson and Shelby Counties from June 1 until September 15 in 1992 through July 2, 2015
  was 7.8 psi.
\9\ The standard for Mecklenburg and Gaston Counties from June 1 until September 15 in 1992 through 2015 was 7.8
  psi.
\10\ The standard for the Middle Tennessee Area (Davidson, Rutherford, Sumner, Williamson, and Wilson Counties)
  from June 1 until September 15 in 1992 through June 7, 2017 was 7.8 psi.

* * * * *
[FR Doc. 2017-11700 Filed 6-6-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 137 (Wednesday, July 17, 2019)]
[Notices]
[Pages 34251-34252]
[FR Doc No: 2019-15212]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0346]

Commercial Driver's Licenses; Pilot Program To Allow Drivers
Under 21 To Operate Commercial Motor Vehicles in Interstate Commerce;
Extension of Comment Period

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

ACTION: Notice and request for comments; extension of comment period.

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

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
extends the comment period for its May 15, 2019 notice concerning a
possible pilot program to allow non-military drivers aged 18, 19, and
20 to operate commercial motor vehicles (CMVs) in interstate commerce.
FMCSA received a request for an extension to the comment period from
the American Trucking Associations (ATA). The Agency believes it is
appropriate to extend the comment period to provide interested parties
additional time to submit their responses to the notice. Therefore, the
Agency extends the deadline for the submission of comments from July
15, 2019, to August 14, 2019.

DATES: The comment period for the notice published May 15, 2019 at 84
FR 21895 is extended. Comments must be received on or before August 14,
2019.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2018-0346 using any of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov/docket?D=FMCSA-2018-0346. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Mr. Selden Fritschner, Commercial
Drivers License Division, Federal Motor Carrier

Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001<EMAIL_ADDRESS>202-366-0677. If you have questions on
viewing or submitting material to the docket, contact Docket Services,
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2018-0346), indicate the specific section of
the notice to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that FMCSA can contact you if there are questions regarding
your submission. To submit your comment online, go to http://www.regulations.gov/docket?D=FMCSA-2018-0346. Click on the ``Comment
Now!'' button and type your comment into the text box on the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well documents mentioned in this notice as
being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2018-0346 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting the Docket Management Facility in Room W12-140 on the ground
floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington,
DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except
Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    The May 2019 notice (84 FR 21895) requested public comment on six
subject areas: Training and experience, operational requirements,
participation requirements, technology requirements, insurance, and
research and data.
    The comment period for the notice was set to expire on July 15,
2019. FMCSA received a request to extend the comment period, as noted
above. A copy of the request is included in the docket referenced at
the beginning of this notice.
    ATA requested a 30-day extension of the comment period, stating
that the additional time was needed to enable them to gather safety
performance data and other relevant information to more fully address
the issues presented in a way that will best aid the Agency.
    FMCSA believes that other potential commenters to this notice will
benefit from an extension as well. Accordingly, FMCSA extends the
comment period for all comments on the notice to August 14, 2019.

    Issued on: July 12, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-15212 Filed 7-12-19; 4:15 pm]
 BILLING CODE 4910-EX-P


[Federal Register: February 2, 2007 (Volume 72, Number 22)]
[Notices]
[Page 5090-5091]
[DOCID:fr02fe07-96]

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

SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of Icon International Holdings, Inc., Interchange
Medical, Inc., Outsource International, Inc., and Smart Choice
Automotive Group, Inc.; Order of Suspension of Trading

January 31, 2007.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Icon International Holdings, Inc. because it has not filed any periodic
reports since the period ended March 31, 2001.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Interchange Medical, Inc. because it has not filed any periodic reports
since the period ended September 30, 2002.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Outsource International, Inc. because it has not filed any periodic
reports since the period ended April 1, 2001.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Smart Choice Automotive Group, Inc. because it has not filed any
periodic reports since the period ended January 31, 2002.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the above-listed
companies is suspended for the period from 9:30 a.m. EST on January 31,
2007, through 11:59 p.m. EST on February 13, 2007.

    By the Commission.
Nancy M. Morris,
Secretary.
[FR Doc. 07-473 Filed 1-31-07; 11:25 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Notices]
[Pages 44623-44625]
[FR Doc No: 2018-19016]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2018-0420; FRL-9983-12-OW]

Public Listening Session; Stakeholder Input on Peak Flows
Management

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) is interested in the
views of the public on possible approaches to updating the National
Pollutant Discharge Elimination System (NPDES) regulations related to
the management of peak wet weather flows at Publicly Owned Treatment
Works (POTWs) treatment plants serving separate sanitary sewer
collection systems. Consequently, EPA is inviting interested members of
the public to three planned listening sessions on: October 16, 2018 at
EPA Headquarters in Washington, DC, October 24, 2018 at EPA Region 7 in
Lenexa, Kansas, and October 30, 2018 to be held online. EPA welcomes
oral or written information at the listening sessions as well as any
other information the public may wish to provide EPA through the docket
(Docket ID No. EPA-HQ-OW-2018-0420).

DATES: The in-person listening sessions will be held at EPA
Headquarters in Washington, DC on October 16, 2018 from 9:00 a.m. to
2:00 p.m. EDT; and in EPA Region 7 in Lenexa, Kansas on October 24,
2018 from 9:00 a.m. to 2:00 p.m. CDT. In addition to the in-person
listening sessions, EPA will hold an online listening session on
October 30, 2018 from 11:00 a.m. to 4:00 p.m. EDT.
    For those who intend to submit written statements to the docket,
EPA is asking that this information be provided before October 31,
2018.

ADDRESSES: The in-person listening sessions will be held at the
following locations:
     For the EPA Headquarters in Washington, DC listening
session: US EPA Headquarters, William Jefferson Clinton East Building,
Room 1153, 1201 Constitution Avenue NW, Washington, DC 20004;
     For the EPA Region 7 listening session: 11201 Renner
Blvd., Lenexa, KS 66219.
    The online listening session will be accessible though https://www.epa.gov/npdes/peak-flows-sewage-treatment-plants.
    To register for any of the listening sessions go to: https://www.epa.gov/npdes/peak-flows-sewage-treatment-plants.
    To submit written information to EPA: Submit any written statements
or input, identified by Docket ID No. EPA-HQ-OW-2018-0420, to the
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
online instructions for submitting comments. Once submitted, comments
cannot be edited or withdrawn. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commentingepa-dockets.

FOR FURTHER INFORMATION CONTACT: Jamie Piziali, Water Permits Division,
Office of Water, Environmental Protection Agency, 1200 Pennsylvania
Avenue NW, Washington, DC 20460; telephone number:<PHONE_NUMBER>; or
email: [email protected]. Also see the following website for
additional information regarding the rulemaking: https://www.epa.gov/npdes/municipal-wastewater.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Public Listening Session

    i. Public Listening Sessions: EPA will hold two public listening
sessions to gather feedback from interested members of the public on
the issues and concerns that the Agency should be aware of during this
rulemaking. The public listening sessions will begin with EPA providing
a brief background on peak flows management issues and EPA's goals for
this rulemaking. This will then be followed by an opportunity for the
public to provide input on these issues. EPA is asking that oral
statements be limited to three minutes or less and is welcoming written
statements at the sessions. Each listening session will begin at 9:00
a.m. local time and continue until all those wishing to speak have had
a chance to provide comments, or until 2:00 p.m., whichever comes
first. A transcript of oral remarks made during the listening sessions
will be at https://www.epa.gov/npdes/municipal-wastewater and included
in the rulemaking docket.
    ii. Online Listening Session: In addition to the in-person
listening sessions, EPA will also hold a ``virtual'' listening session
via a webcast on October 30, 2018, from 11:00 a.m. to 4:00 p.m. EDT.
The same format will be followed as that for the in-person listening
session. After a presentation from EPA, members of the public may call
in and give brief (three-minute or less) statements. Audience members
will be able to listen to the webcast and all public statements through
their computer speakers. A transcript of oral remarks made during the
listening sessions will be at https://www.epa.gov/npdes/peak-flows-sewage-treatment-plants and included in the rulemaking docket.

B. Additional Information and Public Meeting Registration

    Prior to each listening session, EPA will post any relevant
materials to the following website: https://www.epa.gov/npdes/peak-flows-sewage-treatment-plants. Information posted to the website will
include any handouts that may be provided at the meeting as well as a
web link that participants may use to register for the public meeting
in advance. Advanced registration is not required, but is requested so
that EPA can ensure there is sufficient space and time allotted for
those who wish to participate. The listening session will continue
until all speakers in attendance have had a chance to provide comments,
or the listed end time, whichever comes first. If you choose not to
pre-register to speak, it is recommended that you arrive at the start
of the listening session to register in person in order to ensure the
opportunity to participate.

II. Background

    EPA is providing the following background information to assist the
public in preparing for the listening sessions. Under the Clean Water
Act (CWA), municipal sewage treatment plants or Publicly Owned
Treatment Works (POTWs) treatment plants are required to comply with
prescribed restrictions on their discharges to a water of the United
States. Specifically, each POTW must obtain an NPDES permit that will
require, at a minimum, that the treatment plant's discharge meet
effluent limitations for secondary treatment. See CWA Sec.
1311(b)(1)(B) and Sec.  1342(a), 40 CFR 133 and 40 CFR 122.44(a)(1).
The permit will also require meeting any more stringent effluent
limitations that are necessary to meet applicable water quality
standards. See CWA Sec.  1311(b)(1)(C), Sec.  1342(a), and 40 CFR
122.44(d). The permit will also require the POTW operator to comply
with other terms and conditions based on the NPDES regulations at 40
CFR 122. These include, for example, requirements regarding monitoring
and reporting of discharges and proper operation and maintenance of
POTW facilities and systems of treatment.
    Many sewage treatment processes may be used to comply with these
effluent requirements. Most municipalities use a series of unit
processes to treat wastewater prior to discharge including the
following:
     Preliminary treatment or screening to remove large solids,
     primary clarification (or preliminary sedimentation) to
remove floating and settleable solids,
     biological treatment (also referred to as secondary
treatment) to remove biodegradable organic pollutants and suspended
solids, and
     disinfection to deactivate pathogens.
    Some facilities also provide more advanced treatment, which is
designed to reduce constituents, such as nitrogen and phosphorus, that
are not removed in any significant quantity by traditional biological
treatment processes.
    Sanitary sewer collection systems are designed to remove wastewater
from homes and other buildings and convey it to a wastewater treatment
plant. The collection system is a critical element in the successful
performance of the POTW's wastewater treatment operation. Collection
systems are designed in one of two ways. Combined sewer systems are
designed to collect both stormwater and sanitary wastewater for
delivery to the treatment plant. By contrast, separate sanitary sewers
are designed to carry only sanitary wastewater (separate sanitary
sewers typically are built with some allowance, however, for higher
flows that occur during storm events in order to handle minor and non-
excessive amounts of stormwater or groundwater that enter the system
through infiltration and inflow or ``I/I''). EPA notes that, at this
time, it contemplates the scope of the rulemaking would be limited to
peak flows at POTWs with separate sanitary sewer systems.
    Significant increases in flows at a treatment facility can create
operational challenges and potentially adversely affect the treatment
efficiencies. Biological treatment components at treatment plants are
particularly vulnerable to high-volume peak flows. Where peak influent
flows during periods of wet weather exceed the treatment capacity of
existing biological or advanced treatment units, POTWs must consider
ways in which to prevent damage to their treatment plant, while
maintaining effective operation of the system to meet applicable NPDES
permit limitations. Under these conditions, POTW operators use several
different strategies which may include a combination of alternative
treatment approaches, storage, and sewer maintenance and rehabilitation
work to minimize the amount of stormwater that enters the collection
system through I/I.
    Among the peak flow management approaches that have been used or
considered are those involving the diversion of a portion of the peak
flows around biological or advanced treatment units. The diverted flow
is then recombined with flows from the biological treatment units.
Other alternatives include the installation of various treatment
processes at the POTW that supplement the plant's ability to process
and treat peak flows. Refer to EPA's Draft Summary of Blending
Practices and the Discharge of Pollutants for Different Blending
Scenarios (EPA, June 2014) at https://www.epa.gov/sites/production/files/2015-10/documents/sso_lit_review_draft.pdf. These approaches have
been the subject of previous EPA policymaking efforts that have not
been adopted. See 68 FR 63042 (November 7, 2003), and 70 FR 76013
(December 22, 2005). EPA has also looked at the potential public health
implications of these different approaches. See Summary of June 19-20,
2014, Experts Forum on Public Health Impacts of Blending (EPA, May
2015) at https://

www.epa.gov/sites/production/files/2015-10/documents/
experts_forum_summary.pdf.
    POTWs with separate sanitary sewer systems can also lessen the
impact of peak flows by implementing a variety of strategies to
minimize the introduction of stormwater into the collection system.
While virtually every separate sanitary sewer system has some
groundwater infiltration and stormwater-derived I/I, it may be
considered excessive when it is the cause of overflows or causes
disruptions in the treatment system. POTWs with excessive I/I have a
number of different methods for identifying the largest sources of I/I
in their sewer system. These include system mapping, flow monitoring,
conducting smoke or dye tests, sensor technology, and using optical
devices to view sections of the system. Developing plans for correcting
and rehabilitating the highest priority sources of I/I into the
collection system may involve such strategies as repairing manholes,
replacing and repairing private building lateral pipes, ensuring
building downspouts are not connected to the sewer system, sealing
sewer joints, inserting sewer liners, or even replacing sections of the
sewer line. Other strategies may focus on maximizing existing
collection system capacity through real-time controls to optimize flows
within the system, or building additional storage within the collection
system or treatment plant.
    EPA acknowledges the significant expertise that exists among
states, tribes, POTWs and municipal officials, engineering firms,
public health agencies, and the public related to these issues. These
listening sessions are designed to take advantage of this information
from a variety of perspectives to help provide a complete picture of
the considerations that should go into any rulemaking to address
permitting requirements for the management of peak flows at POTWs with
separate sanitary sewer systems.

III. Areas of Feedback Requested for Public Listening Sessions

    Interested members of the public who plan to provide oral or
written testimony at the listening sessions, or to submit written
material to EPA separately as detailed in the instructions provided in
the ADDRESSES section of this notice, are welcome to provide their
input on any issue related to the topic of peak flow management at POTW
treatment plants with separate sanitary sewer systems. But EPA
particularly welcomes feedback from the public on the following
specific questions.
     What strategies have you found to be successful in
reducing peak flow volumes at the POTW treatment plant?
     What permitting or other regulatory approaches are you
aware of that in your opinion provide a good basis for any rulemaking
in this area?
     What treatment technologies have POTWs with separate
sanitary sewer systems used successfully to manage peak excess flows
during wet weather? How effective are these technologies at meeting
effluent limitations? What are examples of technologies addressing
other pollutants not typically subject to discharge requirements in
NPDES permits (e.g., pathogens)? Related to these questions, do you
have supporting treatment efficacy data that you would be willing to
share with EPA for this rulemaking?
     What are your specific suggestions regarding conditions
that could be included in NPDES permits to allow diversions of some
peak flows around biological treatment units to protect the treatment
plant? Considerations could include:

--What information might the NPDES permitting authority need in order
to determine whether such diversions are necessary to protect the
treatment plant?
--Should the number of times such diversions are permitted to occur be
limited or reported?
--Are there any requirements that should be considered for ensuring
that the treatment plant is operated and maintained in an effective
manner to minimize the number of peak flow diversions that occur?
--What requirements would be appropriate for ensuring that maintenance
of the collection system to minimize the introduction of stormwater
into the sanitary system through inflow and infiltration is occurring?
--What monitoring and reporting requirements would be important to
demonstrate that applicable effluent limits are still being met?
--How may the permit ensure that public and ecological health is
protected?

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: August 24, 2018.
Martha Shimkin,
Acting Director, Office of Wastewater Management.
[FR Doc. 2018-19016 Filed 8-30-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Pages 77914-77915]
[FR Doc No: 2022-27540]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0329; FMCSA-2016-0002; FMCSA-2017-0058; FMCSA-
2017-0059; FMCSA-2017-0061; FMCSA-2018-0135; FMCSA-2018-0138; FMCSA-
2020-0027]

Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 23
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates provided
below.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room
W64-224, Washington, DC 20590-0001,<PHONE_NUMBER>,
[email protected]. Office hours are 8:30 a.m. to 5 p.m. ET Monday
through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number (FMCSA-2015-0329, FMCSA-2016-0002, FMCSA-2017-0058, FMCSA-2017-
0059, FMCSA-2017-0061, FMCSA-2018-0135, FMCSA-2018-0138, or FMCSA-2020-
0027) in the keyword box and click ``Search.'' Next, sort the results
by ``Posted (Newer-Older),'' choose the first notice listed, and click
``Browse Comments.'' If you do not have access to the internet, you may
view the docket online by visiting Dockets Operations in Room W12-140
on the ground floor of the DOT West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m. ET Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Dockets Operations.

B. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption requests. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System (FDMS)), which can
be reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the
name of the submitter.
Background
    On November 1, 2022, FMCSA published a notice announcing its
decision to renew exemptions for 23 individuals from the hearing
standard in 49 CFR 391.41(b)(11) to operate a CMV in interstate
commerce and requested comments from the public (87 FR 65849). The
public comment period ended on December 1, 2022, and no comments were
received.
    FMCSA has evaluated the eligibility of these applicants and
determined that renewing these exemptions would likely achieve a level
of safety equivalent to, or greater than, the level that would be
achieved by complying with Sec.  391.41(b)(11).
    The physical qualification standard for drivers regarding hearing
found in Sec.  391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing aid
(35 FR 6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 8, 1971),
respectively).

II. Discussion of Comments

    FMCSA received no comments in this proceeding.

III. Conclusion

    Based upon its evaluation of the 23 renewal exemption applications,
FMCSA announces its decision to exempt the following drivers from the
hearing requirement in

Sec.  391.41  (b)(11).

    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of October
and are discussed below:
    As of October 13, 2022, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following 14 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (87 FR 65849):

Matthew Albrecht (PA)

Cory Adkins (FL)

Richard Blaine (PA)

Jacquelyn Hetherington (OK)

Agustin Hernandez (TX)

Andrew Hippler (ID)

Scott Lufkin (NC)

Paul Mansfield (KS)

Berenice Martinez (TX)

Jose Ramirez (IL)

Thomas Sneer (MN)

Daniel Stroud (UT)

Michael Sweet (GA)

Jason Wynne (TX)

    The drivers were included in docket number FMCSA-2015-0329, FMCSA-
2016-0002, FMCSA-2017-0058, FMCSA-2017-0059, FMCSA-2017-0061, FMCSA-
2018-0135, and FMCSA-2018-0138. Their exemptions were applicable as of
October 13, 2022 and will expire on October 13, 2024.
    As of October 30, 2022, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following nine individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (87 FR 65849):

Adrian Almanza (IL)

Jimmy Benavides (TX)

James Bryan (AR)

William Heath (NC)

Kenneth Morrison (NY)

Darren Norton (MO)

Marty Posey (IN)

Anthony Vasquez (TX)

Daniel Zeolla (PA)

    The drivers were included in docket number FMCSA-2020-0027. Their
exemptions were applicable as of October 30, 2022 and will expire on
October 30, 2024.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) the person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136, 49
U.S.C. chapter 313, or the FMCSRs.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-27540 Filed 12-19-22; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Proposed Rules]
[Pages 15229-15231]
[FR Doc No: 2011-6500]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0223; Directorate Identifier 2010-NM-161-AD]
RIN 2120-AA64

Airworthiness Directives; Goodrich Evacuation Systems Approved
Under Technical Standard Order (TSO) TSO-C69b and Installed on Airbus
Model A330-200 and -300 Series Airplanes, Model A340-200 and -300
Series Airplanes, and Model A340-541 and -642 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive
(AD) that applies to Goodrich evacuation systems approved under TSO-
C69b and installed on certain Model A330-200 and -300 series airplanes,
Model A340-200 and -300 series airplanes, and Model A340-541 and -642
airplanes. The existing AD currently requires inspecting to determine
the part number of the pressure relief valves on the affected Goodrich
evacuation systems, and corrective action if necessary. Since we issued
that AD, we have received reports that during workshop testing, certain
pressure relief valves, which were required by the existing AD, did not
seal and allowed the pressure in slides/rafts to fall below the minimum
raft mode pressure for the unit. This proposed AD would require
inspecting to determine the part number of the pressure relief valves
on the affected Goodrich evacuation systems and replacing certain
pressure relief valves. This proposed AD would also add airplanes to
the applicability. We are proposing this AD to prevent loss of pressure
in the escape slides/rafts after an emergency evacuation, which could
result in inadequate buoyancy to support the raft's passenger capacity
during ditching and increase the chance for injury to raft passengers.

DATES: We must receive comments on this proposed AD by May 5, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Goodrich
Corporation, Aircraft Interior Products, ATTN: Technical Publications,
3414 South Fifth Street, Phoenix, Arizona 85040; phone:<PHONE_NUMBER>;
e-mail<EMAIL_ADDRESS>Internet: http://www.goodrich.com/TechPubs; for service information identified in this
proposed AD. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Tracy Ton, Aerospace Engineer, Cabin
Safety/Mechanical and Environmental Systems Branch, ANM-150L, FAA, Los
Angeles Aircraft Certification Office, 3960 Paramount Boulevard,
Lakewood, California 90712-4137; phone:<PHONE_NUMBER>; fax: 562-627-
5210; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0223;
Directorate Identifier 2010-NM-161-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On October 27, 2007, we issued AD 2007-23-01, Amendment 39-15247
(72 FR 62568 November 6, 2007), for Goodrich evacuation systems
approved under TSO-C69b and installed on certain Model A330-200 and -
300 series airplanes, Model A340-200 and -300 series airplanes, and
Model A340-541 and -642 airplanes. That AD requires inspecting to
determine the part number of the pressure relief valves on the affected
Goodrich evacuation systems, and corrective action if necessary. That
AD resulted from a report indicating that, during maintenance testing,
the pressure relief valves on the affected Goodrich evacuation systems
did not seal when activated, which caused the pressure in the escape
slide/raft to drop below the minimum allowable raft mode pressure. We
issued that AD to prevent loss of pressure in the escape slides/rafts
after an emergency evacuation, which could result in inadequate
buoyancy to support the raft's passenger capacity during ditching and
increase the chance for injury to raft passengers.

Actions Since Existing AD Was Issued

    Since we issued AD 2007-23-01, we have received reports that during
workshop testing the pressure relief valves required by AD 2007-23-01
did not seal and allowed the pressure in some Model A330 and A340
series airplane slides/rafts to fall below the minimum raft mode
pressure for the unit.

Relevant Service Information

    We reviewed Goodrich Service Bulletin 7A1508/09/10/39-25-373,
Revision 2, dated May 8, 2009; and Goodrich Service Bulletin 4A3928/
4A3934-25-374, Revision 1, dated May 8, 2009. The service information
describes, among other things, procedures for replacing certain
pressure relief valves with new improved valves for applicable
airplanes and doors as shown in the following table, and for marking
the system identification placard on the girt.

             Service Bulletin Airplane Model Valve Locations
------------------------------------------------------------------------
       Service bulletin           Affected airplanes         Doors
------------------------------------------------------------------------
Goodrich Service Bulletin       Airbus Model A330-200  Doors 1, 2, 3,
 7A1508/09/10/39-25-373.         and -300 series        and 4.
                                 airplanes, Model
                                 A340[dash]200 and -
                                 300 series airplanes.
Goodrich Service Bulletin       Airbus Model           Doors 1, 2, and
 7A1508/09/10/39-25-373.         A340[dash]541 and -    4.
                                 642 airplanes.
Goodrich Service Bulletin       Airbus Model           Door 3.
 4A3928/4A3934-25-374.           A340[dash]541 and -
                                 642 airplanes.
------------------------------------------------------------------------

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain none of the requirements of AD 2007-
23-01. This proposed AD would require inspecting to determine the part
number of the pressure relief valves on the affected Goodrich
evacuation systems, replacing certain pressure relief valves with new
improved valves, and marking the system identification placard on the
girt of the replaced part. This proposed AD would also add Airbus Model
A330-223F and -243F airplanes to the applicability.

Differences Between the Proposed AD and the Service Information

    Goodrich Service Bulletin 4A3928/4A3934-25-374, Revision 1, dated
May 8, 2009, specifies replacing certain firing pin cables with an
improved firing pin cable, which is not included in this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 41 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                               Cost per         Cost on U.S.
              Action                     Labor cost          Parts cost        product            operators
----------------------------------------------------------------------------------------------------------------
Inspection to determine part        1 work-hour x $85                 $0              $85   Up to $3,485.
 numbers.                            per hour = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the results of the proposed inspection.
We have no way of determining the number of aircraft that might need
these replacements.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                 Action                          Labor cost             Parts cost         Cost per product
----------------------------------------------------------------------------------------------------------------
Valve replacement......................  1 work-hour x $85 per hour            $775   $860 per slide.
                                          = $85.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing airworthiness directive
(AD) 2007-23-01, Amendment 39-15247 (72 FR 62568, November 6, 2007),
and adding the following new AD:

Goodrich (Formerly BF Goodrich): Docket No. FAA-2011-0223;
Directorate Identifier 2010-NM-161-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by May 5,
2011.

Affected ADs

    (b) This AD supersedes AD 2007-23-01, Amendment 39-15247.

Applicability

    (c) This AD applies to Goodrich evacuation systems approved
under Technical Standard Order (TSO) TSO-C69b, as installed on the
Airbus airplanes, certificated in any category, identified in
paragraphs (c)(1), (c)(2), and (c)(3) of this AD.
    (1) Model A330-201, -202, -203, -223, -223F, -243, -243F, -301,
-321, -322, -323, -341, -342, and -343 airplanes; as identified in
Goodrich Service Bulletin 7A1508/09/10/39-25-373, Revision 2, dated
May 8, 2009.
    (2) Model A340-211, -212, -213, -311, -312, and -313 airplanes;
as identified in Goodrich Service Bulletin 7A1508/09/10/39-25-373,
Revision 2, dated May 8, 2009.
    (3) Model A340-541 and -642 airplanes, as identified in Goodrich
Service Bulletins 7A1508/09/10/39-25-373, Revision 2, dated May 8,
2009; and 4A3928/4A3934-25-374, Revision 1, dated May 8, 2009.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 2560, Emergency Equipment.

Unsafe Condition

    (e) This AD was prompted by reports that during workshop
testing, certain pressure relief valves did not seal and allowed the
pressure in certain slides/rafts to fall below the minimum raft mode
pressure for the unit. We are issuing this AD to prevent loss of
pressure in the escape slides/rafts after an emergency evacuation,
which could result in inadequate buoyancy to support the raft's
passenger capacity during ditching and increase the chance for
injury to raft passengers.

Compliance

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

Part Replacement

    (g) Within 36 months after the effective date of this AD,
inspect the evacuation systems to determine whether any pressure
relief valve having part number (P/N) 4A3641-1, 4A3791-3, 4A3641-26,
or 4A3791-6 is installed. A review of airplane maintenance records
or the system identification placard on the girt is acceptable in
lieu of this inspection if the part number of the pressure relief
valves can be conclusively determined from that review.
    (h) If any valve having part number (P/N) 4A3641-1, 4A3791-3,
4A3641-26, or 4A3791-6 is identified during the inspection or review
specified in paragraph (g) of this AD: Before further flight, do the
applicable actions required by paragraphs (h)(1) and (h)(2) of this
AD.
    (1) Replace all pressure relief valves P/Ns 4A3641-1 and 4A3791-
3 with pressure relief valves having P/N 115815-1, and mark the
system identification placard on the girt, in accordance with the
Accomplishment Instructions of Goodrich Service Bulletin 7A1508/09/
10/39-25-373, Revision 2, dated May 8, 2009.
    (2) Replace all pressure relief valves having P/Ns 4A3641-26 and
4A3791-6 with pressure relief valves having P/N 115815-1 (for
evacuation systems having P/N 4A3934 series units) or 115815-2 (for
evacuation systems P/N 4A3928 series units); and mark the system
identification placard on the girt; in accordance with the
Accomplishment Instructions of Goodrich Service Bulletin 4A3928/
4A3934-25-374, Revision 1, dated May 8, 2009.

Parts Installation

    (i) As of the effective date of this AD, no person may install a
pressure relief valve having part number 4A3641-1, 4A3791-3, 4A3791-
6, or 4A3641-26 in the evacuation system on any airplane.

Credit for Actions Accomplished in Accordance With Previous Service
Information

    (j) Actions accomplished before the effective date of this AD in
accordance with Goodrich Service Bulletin 7A1508/09/10/39-25-373,
dated March 31, 2008, or Goodrich Service Bulletin 7A1508/09/10/39-
25-373, Revision 1, dated August 1, 2008; or Goodrich Service
Bulletin 4A3928/4A3934-25-374, dated July 18, 2008; as applicable;
are acceptable for compliance with the corresponding requirements of
this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Los Angeles Aircraft Certification Office,
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

Related Information

    (l) For more information about this AD, contact Tracy Ton,
Aerospace Engineer, Cabin Safety/Mechanical and Environmental
Systems Branch, ANM-150L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>    (m) For service information identified in this AD, contact
Goodrich Corporation, Aircraft Interior Products, ATTN: Technical
Publications, 3414 South Fifth Street, Phoenix, Arizona 85040;
phone:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet: http://www.goodrich.com/TechPubs. You may review copies of
the referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221.

    Issued in Renton, Washington, on March 9, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.

[FR Doc. 2011-6500 Filed 3-18-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 138 (Wednesday, July 20, 2022)]
[Notices]
[Pages 43262-43263]
[FR Doc No: 2022-15483]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-484-000]

Columbia Gas Transmission, LLC; Notice of Request Under Blanket
Authorization and Establishing Intervention and Protest Deadline

    Take notice that on July 6, 2022, Columbia Gas Transmission, LLC
(Columbia), 700 Louisiana Street, Suite 1300, Houston, TX 77002-2700
filed in the above referenced docket a prior notice pursuant to
sections 157.205, 157.213 and 157.216 of the Federal Energy Regulatory
Commission's regulations under the Natural Gas Act (NGA), requesting
authorization to convert four existing injection/withdrawal wells to
observation status, and to abandon associated pipelines and
appurtenances located at the Lucas Storage Field in Ashland County,
Ohio. Columbia proposes to abandon these facilities under authorities
granted by its blanket certificate issued in Docket No. CP83-76-000.\1\
The proposed Project will have no impact on the Lucas Storage Field's
certificated physical parameters, including total inventory, reservoir
pressure, reservoir and buffer boundaries, and certificated capacity.
In addition, there will be no abandonment or decrease in service to
Columbia's customers as a result of the Project. The estimated cost for
the Project is approximately $350,000, all as more fully set forth in
the request which is on file with the Commission and open to public
inspection.
---------------------------------------------------------------------------

    \1\ Columbia Gas Transmission Corporation (predecessor to
Columbia Gas Transmission, LLC), 22 FERC 62,029 (1983).
---------------------------------------------------------------------------

    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Any questions concerning this application should be directed to
David A. Alonzo, Manager, Project Authorizations, Columbia Gas
Transmission, LLC, 700 Louisiana Street, Suite 1300, Houston, Texas,
77002-2700, at<PHONE_NUMBER> or [email protected].
    Pursuant to Section 157.9 of the Commission's Rules of Practice and
Procedure,\2\ within 90 days of this Notice the Commission staff will
either: complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or environmental
assessment (EA) for this proposal. The filing of an EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
---------------------------------------------------------------------------

    \2\ 18 CFR (Code of Federal Regulations) Sec.  157.9.
---------------------------------------------------------------------------

Public Participation

    There are three ways to become involved in the Commission's review
of this project: you can file a protest to the project, you can file a
motion to intervene in the proceeding, and you can file comments on the
project. There is no fee or cost for filing protests, motions to
intervene, or comments. The deadline for filing protests, motions to
intervene, and comments is 5:00 p.m. Eastern Time on September 12,
2022. How to file protests, motions to intervene, and comments is
explained below.

Protests

    Pursuant to section 157.205 of the Commission's regulations under
the NGA,\3\ any person \4\ or the Commission's staff may file a protest
to the request. If no protest is filed within the time allowed or if a
protest is filed and then withdrawn within 30 days after the allowed
time for filing a protest, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request for authorization
will be considered by the Commission.
---------------------------------------------------------------------------

    \3\ 18 CFR 157.205.
    \4\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
---------------------------------------------------------------------------

    Protests must comply with the requirements specified in section
157.205(e) of the Commission's regulations,\5\ and must be submitted by
the protest deadline, which is September 12, 2022. A protest may also
serve as a motion to intervene so long as the protestor states it also
seeks to be an intervenor.
---------------------------------------------------------------------------

    \5\ 18 CFR 157.205(e).
---------------------------------------------------------------------------

Interventions

    Any person has the option to file a motion to intervene in this
proceeding. Only intervenors have the right to request rehearing of
Commission orders issued in this proceeding and to subsequently
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \6\ and the regulations under the NGA \7\ by the
intervention deadline for the project, which is September 12, 2022. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \6\ 18 CFR 385.214.
    \7\ 18 CFR 157.10.
---------------------------------------------------------------------------

    All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.

Comments

    Any person wishing to comment on the project may do so. The
Commission considers all comments received about the project in
determining the appropriate action to be taken. To ensure that your
comments are timely and properly recorded, please submit your comments
on or before September 12, 2022. The filing of a comment alone will not
serve to make the filer a party to the proceeding. To become a party,
you must intervene in the proceeding.

How To File Protests, Interventions, and Comments

    There are two ways to submit protests, motions to intervene, and
comments. In both instances, please reference the Project docket number
CP22-484-000 in your submission.
    (1) You may file your protest, motion to intervene, and comments by
using the Commission's eFiling feature, which is located on the
Commission's website (www.ferc.gov) under the link to Documents and
Filings. New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; first select General'' and then select ``Protest'',
``Intervention'', or ``Comment on a Filing''; or \8\
---------------------------------------------------------------------------

    \8\ Additionally, you may file your comments electronically by
using the eComment feature, which is located on the Commission's
website at www.ferc.gov under the link to Documents and Filings.
Using eComment is an easy method for interested persons to submit
brief, text-only comments on a project.
---------------------------------------------------------------------------

    (2) You can file a paper copy of your submission by mailing it to
the address below. Your submission must reference the Project docket
number CP22-484-000.
    To mail via USPS, use the following address:

Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426

    To mail via any other courier, use the following address:

Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, Maryland 20852

    The Commission encourages electronic filing of submissions (option
1 above) and has eFiling staff available to assist you at (202) 502-
8258 or [email protected]
    Protests and motions to intervene must be served on the applicant
either by mail or email (with a link to the document) at: David A.
Alonzo, Manager, Project Authorizations, Columbia Gas Transmission,
LLC, 700 Louisiana Street, Suite 1300, Houston, TX 77002-2700 or
[email protected]. Any subsequent submissions by an intervenor
must be served on the applicant and all other parties to the
proceeding. Contact information for parties can be downloaded from the
service list at the eService link on FERC Online.

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.

    Dated: July 14, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-15483 Filed 7-19-22; 8:45 am]
BILLING CODE 6717-01-P