[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Notices]
[Pages 122-124]
[FR Doc No: 2013-31383]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER14-736-000.
    Applicants: Saranac Power Partners, L.P.
    Description: Saranac Power Partners, L.P. submits Amendment to
Market Based Rate Tariff to be effective 12/19/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5057.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-737-000.
    Applicants: Vulcan/BN Geothermal Power Company.
    Description: Vulcan/BN Geothermal Power Company submits Amendment
to Market Based Rate Tariff to be effective 12/19/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5067.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-738-000.
    Applicants: Yuma Cogeneration Associates.
    Description: Yuma Cogeneration Associates submits Amendment to
Market Based Rate Tariff to be effective 12/19/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5070.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-739-000.
    Applicants: AV Solar Ranch 1, LLC.
    Description: AV Solar Ranch 1, LLC submits Order No. 784 Compliance
Filing to be effective 12/21/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5079.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-740-000.
    Applicants: Agua Caliente Solar, LLC.
    Description: Agua Caliente Solar, LLC submits Amendment to Market
Based Rate Tariff to be effective 12/19/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5081.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-741-000.
    Applicants: Cassia Gulch Wind Park, LLC.
    Description: Cassia Gulch Wind Park, LLC submits Order No. 784
Compliance Filing to be effective 12/21/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5082.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-742-000.
    Applicants: CER Generation, LLC.
    Description: CER Generation, LLC submits Order No. 784 Compliance
Filing to be effective 12/21/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5083.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-743-000.
    Applicants: Bishop Hill Energy II LLC.
    Description: Bishop Hill Energy II LLC submits Amendment to Market
Based Rate Tariff to be effective 12/19/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5088.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-744-000.
    Applicants: CER Generation II, LLC.
    Description: CER Generation II, LLC submits Order No. 784
Compliance Filing to be effective 12/21/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5089.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-745-000.
    Applicants: Cordova Energy Company LLC.
    Description: Cordova Energy Company LLC submits Amendment to Market
Based Rate Tariff to be effective 12/19/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5090.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-746-000.
    Applicants: Commonwealth Edison Company.
    Description: Commonwealth Edison Company submits Order No. 784
Compliance Filing and Cancellation of Form of Service Agreement to be
effective 12/21/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5091.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-747-000.
    Applicants: Pinyon Pines Wind I, LLC.
    Description: Pinyon Pines Wind I, LLC submits Amendment to Market
Based Rate Tariff to be effective 12/19/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5092.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-748-000.
    Applicants: Pinyon Pines Wind II, LLC.
    Description: Pinyon Pines Wind II, LLC submits Amendment to Market
Based Rate Tariff to be effective 12/19/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5093.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-749-000.
    Applicants: Constellation Mystic Power, LLC.
    Description: Constellation Mystic Power, LLC submits Order No. 784
Compliance Filing to be effective 12/21/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5096.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-750-000.
    Applicants: Constellation NewEnergy, Inc.
    Description: Constellation NewEnergy, Inc. submits Order No. 784
Compliance Filing to be effective 12/21/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5097.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-751-000.
    Applicants: Solar Star California XIX, LLC.
    Description: Solar Star California XIX, LLC submits Amendment to
Market

Based Rate Tariff to be effective 12/19/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5098.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-752-000.
    Applicants: Cow Branch Wind Power, LLC.
    Description: Cow Branch Wind Power, LLC submits Order No. 784
Compliance Filing to be effective 12/21/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5099.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-753-000.
    Applicants: Solar Star California XX, LLC.
    Description: Solar Star California XX, LLC submits Amendment to
Market Based Rate Tariff to be effective 12/19/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5100.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-754-000.
    Applicants: CR Clearing, LLC.
    Description: CR Clearing, LLC submits Order No. 784 Compliance
Filing to be effective 12/21/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5101.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-755-000.
    Applicants: Topaz Solar Farms LLC.
    Description: Topaz Solar Farms LLC submits Amendment to Market
Based Rate Tariff to be effective 12/19/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5102.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-756-000.
    Applicants: Exelon Framingham, LLC.
    Description: Exelon Framingham, LLC submits Order No. 784
Compliance Filing to be effective 12/21/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5103.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-757-000.
    Applicants: Exelon New Boston, LLC.
    Description: Exelon New Boston, LLC submits Order No. 784
Compliance Filing to be effective 12/21/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5104.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-758-000.
    Applicants: Exelon Generation Company, LLC.
    Description: Exelon Generation Company, LLC submits Order No. 784
Compliance Filing to be effective 12/21/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5105.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-759-000.
    Applicants: Exelon West Medway, LLC.
    Description: Exelon West Medway, LLC submits Order No. 784
Compliance Filing to be effective 12/21/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5106.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-760-000.
    Applicants: Exelon Wind 4, LLC.
    Description: Exelon Wind 4, LLC submits Order No. 784 Compliance
Filing to be effective 12/21/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5107.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-761-000.
    Applicants: Exelon Wyman, LLC.
    Description: Exelon Wyman, LLC submits Order No. 784 Compliance
Filing to be effective 12/21/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5108.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-762-000.
    Applicants: Handsome Lake Energy, LLC.
    Description: Handsome Lake Energy, LLC submits Order No. 784
Compliance Filing to be effective 12/21/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5109.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-763-000.
    Applicants: Harvest Windfarm, LLC.
    Description: Harvest Windfarm, LLC submits Order No. 784 Compliance
Filing to be effective 12/21/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5111.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-764-000.
    Applicants: High Mesa Energy, LLC.
    Description: High Mesa Energy, LLC submits Order No. 784 Compliance
Filing to be effective 12/21/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5118.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-765-000.
    Applicants: Nine Mile Point Nuclear Station, LLC.
    Description: Nine Mile Point Nuclear Station, LLC submits Order No.
784 Compliance Filing to be effective 12/21/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5121.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-766-000.
    Applicants: Public Service Company of Colorado.
    Description: Public Service Company of Colorado submits 2013-12-20
SPP IM Joint OATT Filing to be effective 3/1/2014.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5122.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-767-000.
    Applicants: PECO Energy Company.
    Description: PECO Energy Company submits Order No. 784 Compliance
Filing to be effective 12/21/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5123.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-768-000.
    Applicants: R.E. Ginna Nuclear Power Plant, LLC.
    Description: R.E. Ginna Nuclear Power Plant, LLC submits Order No.
784 Compliance Filing to be effective 12/21/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5125.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-769-000.
    Applicants: Tuana Springs Energy, LLC.
    Description: Tuana Springs Energy, LLC submits Order No. 784
Compliance Filing to be effective 12/21/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5130.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-770-000.
    Applicants: Wind Capital Holdings, LLC.
    Description: Wind Capital Holdings, LLC submits Order No. 784
Compliance Filing to be effective 12/21/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5132.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-771-000.
    Applicants: Power Resources, Ltd.
    Description: Power Resources, Ltd. submits Amendment to Market
Based Rate Tariff to be effective 12/19/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5137.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-772-000.
    Applicants: Fortistar North Tonawanda Inc.
    Description: Fortistar North Tonawanda Inc. submits FERC Electric
Tariff No. 1--Fortistar North Tonawanda Inc to be effective 12/20/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5167.
    Comments Due: 5 p.m. ET 1/10/14.

    Docket Numbers: ER14-773-000.
    Applicants: Alabama Power Company.
    Description: Alabama Power Company submits Attachment C Amendment
Filing to be effective 12/19/2013.
    Filed Date: 12/20/13.
    Accession Number: 20131220-5182.

    Comments Due: 5 p.m. ET 1/10/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 85.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 20, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-31383 Filed 12-31-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Proposed Rules]
[Pages 33437-33438]
[FR Doc No: 2016-12526]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 27 and 29

[Docket No. FAA-2016-6691]

Proposed Inlet Barrier Filter for Rotorcraft Policy Statement

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of public meeting.

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SUMMARY: The FAA is announcing a public meeting to gather additional
technical input on the subject of installing an engine inlet barrier
filter (IBF) on rotorcraft. Input gathered will aid in developing FAA
guidance for evaluating engine IBFs installed on rotorcraft. Prior to
the public meeting, the FAA previously sought public comments regarding
the guidance online.

DATES: The public meeting will be held on the following date. (Note
that the meeting may be adjourned early if scheduled speakers complete
their presentations early.)
    July 7, 2016, from 9:00 a.m. until 12:00 p.m. (The deadline to
submit a request to make an oral statement is June 29, 2016.)
    Written comments regarding the policy must be received by July 7,
2016.

ADDRESSES: The public meeting will be held at the Hilton Garden Inn,
Fort Worth Alliance Airport, 2600 Westport Parkway, Fort Worth, TX
76177. Due to limited space, attendees are requested to please reply
(RSVP) to Michael Hughlett, Aviation Safety Engineer, Regulations and
Policy Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy., Fort
Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>If computer access is not possible, please
RSVP via mail, fax or hand delivery via the methods listed directly
below:
     Mail or Hand Delivery: RSVP to Regulations and Policy
Group, ASW-111, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177.
     Fax: RSVP to ASW-111, ATTN: IBF Policy Meeting (RSVP) at
(817) 222-5961.

FOR FURTHER INFORMATION CONTACT: Requests to present a statement at the
public meeting and questions regarding the logistics of the meeting
should be directed to Michael Hughlett, Regulations and Policy Group,
ASW-111, Federal Aviation Administration, 10101 Hillwood Parkway, Fort
Worth, TX 76177; telephone<PHONE_NUMBER>, facsimile<PHONE_NUMBER>, or
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On January 25, 2016, we invited public comments when we posted on
the FAA's Web site a draft policy statement regarding the certification
of IBF installations on rotorcraft. The draft policy statement
identified items that should be considered in IBF installations,
including two unique aspects associated with an IBF: (1) Determining
the power available with IBF blockage at the impending bypass level;
and (2) evaluating the bypass system. The draft policy also sought to
clarify the applicability of existing airworthiness standards and
guidance to engine IBF installations. The draft policy statement is
intended to ensure safe and standardized installations of engine IBFs
on rotorcraft.
    Because of significant public interest, we extended the initial
comment period regarding the policy by 30 days. At the end of the
comment period, we had received comments from over 35 interested
parties.

Purpose of the Public Meetings

    The purpose of the public meeting is for the FAA to hear the
public's views and obtain information relevant to the policy under
consideration. The FAA will consider comments made at the public
meeting (as well as comments submitted to the docket) before making a
final decision on issuance of the policy.
    Persons wishing to attend this one-time meeting are requested to
register in advance. Your registration must detail whether you wish to
make a statement during the public meeting. If you do wish to make a
statement, your registration must indicate which topic you wish to
speak about and what organization you represent. Due to limited space,
attendees are requested to please reply (RSVP) to Michael Hughlett via
the methods listed above in the ADDRESSES section.

Participation at the Public Meetings

    Commenters who wish to present oral statements at the July 7, 2016,
public meeting should submit requests to the FAA no later than June 29,
2016. Requests should be submitted as described in the FOR FURTHER
INFORMATION CONTACT section of this document and should include a
written summary of oral remarks to be presented and an estimate of time
needed for the presentation. Preferably, please submit requests via
email to<EMAIL_ADDRESS>Requests received after the dates
specified above will be scheduled if there is time available during the
meeting; however, the speakers' names may not appear on the written
agenda. To accommodate as many speakers as possible, the amount of time
allocated to each speaker may be less than the amount of time requested
to ensure various views can be heard. See ``Public Meeting Procedures''
below.
    The FAA may have available a projector and a computer capable of
accommodating Word and PowerPoint presentations. Persons requiring any
other kind of audiovisual equipment should notify the FAA when
requesting to be placed on the agenda.
    The FAA will make every effort to accommodate all persons wishing
to attend. Sign and oral interpretation can be made available at the
meeting, as well as an assistive listening device, if requested 10
calendar days before the meeting.

Public Meeting Procedures

    A panel of representatives from the FAA will be present to
facilitate the meeting in accordance with the following procedures:
    (1) The meeting is designed to facilitate the public comment
process. The meeting will be informal and non-adversarial. No
individual will be subject to cross-examination by any other
participant. Government representatives on the panel may ask questions
to clarify statements and to ensure an accurate record. Any statement
made during the meetings by a panel member should not be construed as
an official position of the government.
    (2) There will be no admission fees or other charges to attend or
to participate in the public meeting. The meeting will be open to all
persons, subject to availability of space in the meeting room. The FAA
asks that participants sign in between 8:30 and 9:00 a.m. on the day of
the meeting. The FAA will try to accommodate all speakers; however if
available time does not allow this, speakers who have contacted the FAA
in advance will be allowed to speak first, others will be scheduled on
a first-come-first-served basis. The FAA reserves the right to exclude
some speakers, if necessary, to obtain balanced viewpoints. The meeting
may adjourn early if scheduled speakers complete their statements in
less time than is scheduled for the meeting.
    (3) The FAA will prepare agendas of speakers and presenters and
make the agendas available at the meeting.
    (4) Speaker time slots may be limited to 3-minute statements. If
possible, the FAA will notify speakers if additional time is available.
    (5) The FAA will review and consider all material presented by
participants at the public meeting. Position papers or materials
presenting views or information related to the draft policy may be
accepted at the discretion of the presiding officer and will be
subsequently placed in the public docket. The FAA requests that
presenters at the meeting provide at least 10 copies of all materials
for distribution to the panel members. Presenters may provide other
copies to the audience at their discretion.
    (6) We ask each person presenting comments to provide the technical
basis to support the comments. The most helpful comments reference a
specific portion of the policy statement and explain the reason for any
recommended change.

    Issued in Fort Worth, Texas, on May 18, 2016.
Jorge R. Castillo,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-12526 Filed 5-25-16; 8:45 am]
 BILLING CODE 4910-13-P


103 Federal Register / Vol. 68, No. 1 / Thursday, January 2, 2003 / Notices Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. j. Description of Project: The proposed project, using the Corps' existing Kentucky Lock and Dam No. 11 and Reservoir, would consist of: ( 1) Six proposed 50 foot long, 8 foot diameter steel penstocks, ( 2) a proposed powerhouse containing six generating units with a combined installed capacity of 8 megawatts, ( 3) a proposed 300 foot long, 14.7   kv transmission line, and ( 4) appurtenant facilities. The project would operate in a run of river mode and would have an average annual generation of 49 GWh. k. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at http:// www. ferc. gov using the `` FERRIS'' link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll free 1   866   208   3678 or e mail ferconlinesupport@ ferc. gov. For TTY, call ( 202) 502   8659. A copy is also available for inspection and reproduction at the applicant's address in item g above. l. Competing Preliminary Permit   Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application ( see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30( b) and 4.36. m. Competing Development Application   Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30( b) and 4.36. n. Notice of Intent   A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application ( specify which type of application). A notice of intent must be served on the applicant( s) named in this public notice. o. Proposed Scope of Studies under Permit   A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. p. Comments, Protests, or Motions to Intervene   Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. q. Filing and Service of Responsive Documents   Any filings must bear in all capital letters the title `` COMMENTS'', `` NOTICE OF INTENT TO FILE COMPETING APPLICATION'', `` COMPETING APPLICATION'', `` PROTEST'', or `` MOTION TO INTERVENE'', as applicable, and the Project Number of the particular application to which the filing refers. Any of the above named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application. r. Agency Comments   Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives.

Linwood A. Watson, Jr., Deputy Secretary. [ FR Doc. 02   33057 Filed 12   31   02; 8: 45 am]

BILLING CODE 6717   01   P ENVIRONMENTAL PROTECTION AGENCY [ OPP   2002   0322; FRL   7282   5]

Fosetyl Al; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities. DATES: Comments, identified by docket ID number OPP   2002   0322, must be received on or before February 3, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Sidney Jackson, Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 305   7610; e mail address: jackson. sidney@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected categories and entities may incude, but are not limited to:   Crop production ( NAICS Industry 111)   Animal production ( NAICS 112)

VerDate Dec< 13> 2002 14: 55 Dec 31, 2002 Jkt 200001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 02JAN1. SGM 02JAN1 104 Federal Register / Vol. 68, No. 1 / Thursday, January 2, 2003 / Notices   Food manufacturing ( NAICS 311)   Pesticide manufacturing ( NAICS 32532) This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System ( NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket ID number OPP   2002   0322. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although, a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although, not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although, not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

C. How and To Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late.'' EPA is not required to consider these late comments. If you wish to submit CBI, or information that is otherwise protected by statute, please follow the instructions in Unit I. D. Do not use EPA dockets or e mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment, and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties, and cannot contact you for clarification, EPA may not be able to consider your comment. i. EPA dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA dockets at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. Once in the system, select `` search,'' and then key in docket ID number OPP   2002   0322. The system is an `` anonymous access'' system, which means, EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by e mail to opp docket@ epa. gov, Attention: Docket ID number OPP   2002   0322. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and VerDate Dec< 13> 2002 14: 55 Dec 31, 2002 Jkt 200001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 02JAN1. SGM 02JAN1 105 Federal Register / Vol. 68, No. 1 / Thursday, January 2, 2003 / Notices made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I. C. 2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Public Information and Records Integrity Branch ( PIRIB) ( 7502C), Office of Pesticide Programs ( OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001, Attention: Docket ID Number OPP   2002   0322. 3. By hand delivery or courier. Deliver your comments to: PIRIB, Office of Pesticide Programs ( OPP), Environmental Protection Agency, Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket ID number OPP   2002   0322. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I. B. 1.

D. How Should I Submit CBI to the Agency? Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI ( if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI, or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Offer alternative ways to improve the notice or collection activity. 7. Make sure to submit your comments by the deadline in this notice. 8. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

II. What Action is the Agency Taking?

EPA has received a pesticide petition as follows proposing the establishment and/ or amendment of regulations for residues of a certain pesticide chemical in or on various food commodities under section 408 of the Federal Food, Drug, and Cosmetic Act ( FFDCA), 21 U. S. C. 346a. EPA has determined that this petition contains data or information regarding the elements set forth in FFDCA section 408( d)( 2); however, EPA has not fully evaluated the sufficiency of the submitted data at this time, or whether the data support granting of the petition. Additional data may be needed before EPA rules on the petition.

List of Subjects Environmental protection, Agricultural commodities, Feed additives, Food additives, Pesticides and pests, Reporting and recordkeeping requirements.

Dated: December 20, 2002 Debra Edwards, Acting Director, Registration Division, Office of Pesticide Programs.

Summary of Petition The petitioner's summary of the pesticide petition is printed below as required by the FFDCA section 408( d)( 3). The summary of the petition was prepared by Bayer CropScience Company and represents the view of the company. The petition summary announces the availability of a description of the analytical methods available to EPA for the detection and measurement of the pesticide chemical residues, or an explanation of why no such method is needed. PP 2E6366 EPA has received a pesticide petition ( PP 2E6366) from the Interregional Research Project Number 4 ( IR 4), New Jersey Agricultural Experiment Station, Rutgers University, New Brunswick, NJ 08903 proposing, pursuant to section 408( d) of the FFDCA, 21 U. S. C. 346a( d), to amend 40 CFR 180.415 by establishing a tolerance for residues of the fungicide, fosetyl al ( aluminum tris O ethylphosphonate), in or on the raw agricultural commodity onion, green, at 10 parts per million ( ppm). EPA has determined that the petition contains data or information regarding the elements set forth in section 408( d)( 2) of the FFDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the petition. Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry 1. Plant metabolism. The metabolism of fosetyl al in plants is adequately understood. Adequate data on the nature of the residues in plants, including identification of major metabolites and degradates of fosetyl al, are available. Radiolabeled studies on the uptake, translocation and metabolism in plants show that the chemical proceeds through hydrolytic cleavage of the ethyl ester. The major residues are fosetyl al, phosphorus acid, and ethanol. The tolerances are established for the parent only, that is fosetyl al. 2. Analytical method. Adequate methods are available for enforcement purposes. There are two analytical methods acceptable for determining residues of fosetyl al in plants: a gas chromatography method is available for enforcement of tolerance in pineapple and is listed as Method I in Pesticide Analytical Manual ( PAM), Vol. II; a gas chromatography/ phosphorus specific flame photometric detector ( FPD P) method ( Rhone Poulenc Method No. 163) for citrus has undergone a successful method tryout on oranges and has been sent to the Food and Drug Administration ( FDA) for inclusion in PAM as Method II. 3. Magnitude of residues. Magnitude of residue data on green onions were collected form field trials conducted in Texas ( Region 6) and California ( Region 10). Each treated plot received seven foliar broadcast applications of the test substance at a rate of approximately 4.0 pounds active ingredient/ acre ( lb a. i./ acre), for a total of approximately 28.0 lb a. i./ acre. All applications were made 6 to 8 days apart, and marketable green VerDate Dec< 13> 2002 14: 55 Dec 31, 2002 Jkt 200001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 02JAN1. SGM 02JAN1 106 Federal Register / Vol. 68, No. 1 / Thursday, January 2, 2003 / Notices onions were collected 2 to 3 days following the final application. Residues of fosetyl al in green onions ranged from 0.39 ppm to 7.75 ppm.

B. Toxicological Profile EPA has evaluated the available fosetyl al toxicity data and considered their validity, completeness, and reliability as well as the relationship of the results of the studies to human risk. EPA has also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children. The nature of the toxic effects caused by fosetyl al is discussed in the Federal Register of August 18, 2000 ( 65 FR 50431) ( FRL   6599   4), as well as the no observed adverse effect level ( NOAEL), and the lowest observed adverse effect level ( LOAEL) from the toxicity studies reviewed. Please refer to this document should you desire detailed toxicological information on fosetyl al. 1. Carcinogenicity. Long term feeding studies were conducted with technical grade fosetyl al in mice and rats and with monosodium phosphite, the primary urinary metabolite of fosetyl al, in rats. These studies, in addition to a mechanistic study in rats, are described below: i. Rat. Fosetyl al was administered via admixture in the diet to CD rats at target levels of 0, 2,000, 8,000, and 30,000/ 40,000 ppm for approximately 2 years. After 2 weeks at 40,000 ppm, this dietary level was reduced to 30,000 ppm due to the occurrence of red coloration of the urine and a decrease in body weight gain. Although, these findings were no longer apparent after week 2, analytical verification of dietary levels revealed that the highest dietary level ranged from approximately 38,000 to 61,000 ppm during the first 32 weeks of the study. Calculi in the urinary bladder were observed for several male and female rats at 30,000/ 40,000 ppm. Microscopic examination revealed transitional cell carcinomas and papillomas in the urinary bladders of high dose males. In addition, a statistically significant increase in adrenal pheochromocytomas ( benign and malignant combined) was observed in males at 8,000 and 30,000/ 40,000 ppm. The adrenal slides were independently reread by two consulting pathologists who found no significant dose related increases in the incidence of pheochromocytomas or hyperplasia. The NOAEL for fosetyl al in the chronic rat study was 8,000 ppm. A subsequent mechanistic study in rats conducted with dietary levels of 8,000, 30,000 and 50,000 ppm demonstrated that the massive doses of 30,000 and 50,000 ppm fosetyl al alter calcium/ phosphorous homeostasis resulting in severe acute renal injury, similar to that observed in the chromic rat study, and the formation of calculi in kidneys, ureters, and bladder. Under conditions of chronic exposure, these effects could lead to the formation of bladder tumors as seen in the chronic rat study. At 8,000 ppm, no evidence of renal injury was observed, a result consistent with the absence of bladder tumors. Thus, the bladder tumors induced by fosetyl al were the result of acute renal injury followed by a chronic toxic reaction rather than a true carcinogenic effect. An carcinogenicity study in rats was conducted with monosodium phosphite administered via dietary mixture at levels of 2,000, 8,000, and 32,000 ppm. No evidence of carcinogenicity was observed in this study. ii. Mouse. A 2   year feeding/ carcinogenicity study was conducted in mice fed diets containing fosetyl al at 0, 2,500, 10,000, or 20,000/ 30,000 ppm. The 20,000 ppm dose was increased to 30,000 ppm during week 19 of the study. The NOAEL for all effects was 20,000/ 30,000 ppm ( 3,000/ 4,500 milligrams/ kilogram ( mg/ kg/ day)). There were no carcinogenic effects observed under the conditions of this study. iii. EPA's Carcinogenicity Peer Review Committee ( CPRC) concluded in their report of June 29, 1993 that the pesticidal use of fosetyl al is unlikely to pose a carcinogenic hazard for humans given that: ( a) Tumors develop in rats under extreme conditions that are unlikely to be achieved other than under laboratory conditions ( at a dose in excess of the EPA dose limit for carcinogenicity studies); ( b) tumors in rats are believed to develop only at doses that produce stones; ( c) human dietary exposure to fosetyl al is only about one 500,000th of the NOAEL for stone formation in the rat ( the most sensitive experimental model); and ( d) the dose of fosetyl al which can be absorbed dermally by applicators is also probably too low to result in stone formation. Therefore, a cancer dietary exposure analysis for fosetyl al is not performed. 2. Animal metabolism. Rat metabolism studies showed that most of the radiolabel rapidly appeared in exhaled carbon dioxide. There was also some radiolabel excreted in the urine as phosphite, along with a smaller amount as the unchanged parent compound. It appears that fosetyl al is essentially completely absorbed after ingestion and extensively hydrolyzed to carbon dioxide which is exhaled. The phosphite is excreted in the urine without further oxidation to phosphate. Aluminum does not appear to be absorbed to a significant extent from the gastrointestinal tract. 3. Metabolite toxicology. There are no metabolites of toxicological concern. The tolerances are established for the parent only, that is fosetyl al. 4. Endocrine disruption. No evidence of estrogenic or androgenic effects were noted in any study with fosetyl al. No adverse effects on mating or fertility indices and gestation, live birth, or weaning indices were noted in a threegeneration rat reproduction study at doses well above EPA's limit of 1,000 mg/ kg/ day. Therefore, Bayer CropScience concludes that fosetyl al does not have any effect on the endocrine system.

C. Aggregate Exposure 1. Dietary exposure. EPA has established the chronic reference dose ( RfD) for fosetyl al at 2.5 mg/ kg/ day. This reference dose ( RfD) is based on a NOAEL of 250 mg/ kg/ day from a 2   year feeding study in dogs and the use of a 100 fold safety factor to account for interspecies and intraspecies differences. No appropriate endpoint attributable to a single dose exposure was identified in oral toxicity studies. Therefore, an acute RfD was not established and there is no expectation of acute risk. Since no dermal or systemic toxicity was seen at the limit dose following repeated dermal applications in the 21   day toxicity study using rats, no endpoint value was calculated for short and intermediateterm exposure and risk. The Agency has concluded that fosetyl al is unlikely to pose a carcinogenic hazard to humans. Therefore, a cancer exposure and risk assessment is not appropriate. i. Food. For all currently registered uses of fosetyl al, chronic food exposure for various subgroups of the U. S. population was estimated by EPA through the use of the Dietary Exposure Evaluation Model ( DEEM) software. The DEEM analysis evaluated the individual food consumption as reported by respondents in the USDA 1989   1992 nationwide continuing surveys of food intake by individuals. As the risk estimate was low for even the most highly exposed subpopulation, no anticipated residues were used. One hundred percent crop treated and tolerance level residues were assumed for all crops. EPA has concluded that exposure to fosetyl al from food utilizes 4.0% of the chronic population adjusted dose ( cPAD) for the U. S. population, 5% of the cPAD for infants, and 8% of the cPAD for children 1   6 years old, the VerDate Dec< 13> 2002 14: 55 Dec 31, 2002 Jkt 200001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 02JAN1. SGM 02JAN1 107 Federal Register / Vol. 68, No. 1 / Thursday, January 2, 2003 / Notices subpopulation at greatest exposure. Based on the results of this conservative analysis, exposure to fosetyl al residues from the proposed uses is expected to be minimal. Bayer CropScience concludes that dietary exposure to fosetyl al resulting from the currently registered uses and the proposed use of the product will be well below the Agency's level of concern. ii. Drinking water. The potential for ground water and/ or surface water contamination by fosetyl al and its degradates is expected to be very low, in most cases, due to the rapid degradation of the compound in soil to non toxic degradates under both aerobic and anaerobic conditions. Under aerobic laboratory conditions, the half life of fosetyl al is between 1 and 1.5 hours in loamy sand, silt loam, and clay loam and 20 minutes in sandy loam soil. The degradation proceeds through the hydrolysis of the ethyl ester bond, resulting in the formation of phosphorous acid and ethanol. The ethanol is further degraded into carbon dioxide. Based on the short half life of fosetyl al and the known fate of phosphates under anaerobic conditions, EPA determined that an anaerobic soil metabolism study was not necessary. An anaerobic aquatic soil metabolism study was conducted. When anaerobic conditions were established by flooding soil, the half life was 40 hours with silty clay loam, and 14 hours with sandy loam soil. Bayer CropScience expects that potential fosetyl al residues in drinking water are not a significant contribution to aggregate exposure. 2. Non dietary exposure. Fosetyl al is currently registered for residential use on turf and ornamental plants. Chronic exposure is not expected for residential uses. There is also no expectation of acute risk. No appropriate endpoint attributable to a single dose exposure was identified in oral toxicity studies and consequently, an acute RfD cannot be calculated. No endpoint value is calculable for short and intermediateterm exposure and a risk analysis cannot be performed since no dermal or systemic toxicity was seen at the limit dose following repeated dermal applications in the 21   day toxicity study using rats. The Agency has previously concluded that fosetyl al is unlikely to pose a carcinogenic hazard to human. Therefore, a cancer exposure and risk assessment is not appropriate. Thus, Bayer CropScience concludes that the ornamental and turf uses do not add significantly to the aggregate exposure for fosetyl al. D. Cumulative Effects Effects associated with fosetyl al are unlikely to be cumulative with any other compound. The formation of calculi and bladder tumors in rats is the only significant toxicological effect observed with fosetyl al. These effects were observed in rat only at a dose which not only exceeds estimated human exposure by several orders of magnitude but is in excess of the OPP dose limit for carcinogenicity studies. Therefore, an aggregate assessment based on common mechanisms of toxicity is not appropriate as exposure to humans will be well below the levels producing calculi and bladder tumors in rats. Further, considering the rapid elimination of fosetyl al in the rat metabolism study, any effects associated with fosetyl al are unlikely to be cumulative with any other compound. Based on these reasons, only the potential risks of fosetyl al are considered in the exposure assessment.

E. Safety Determination 1. U. S. population. Chronic risk estimates associated with exposure to fosetyl al in food and water are expected to be well below the Agency's level of concern. The Tier I chronic exposure analysis performed by the Agency for all currently registered food uses shows that exposure to fosetyl al utilizes 4.0% of the cPAD for the U. S. population, 5% of the cPAD for infants, and 8% of the cPAD for children 1   6 years old, the subpopulation at greatest exposure. This analysis was conducted assuming 100% crop treated and tolerance level residue values for all crops. The contribution of fosetyl al residues in surface water and ground water to chronic aggregate exposure is expected to be minimal. Therefore, Bayer CropScience concludes that even when considering the potential incremental risk resulting from the proposed use on green onion, there is a reasonable certainty that no harm will result from aggregate exposure to fosetyl al residues. 2. Infants and children. No indication of increased susceptibility of rat or rabbit fetuses to in utero and/ or postnatal exposure was noted in the developmental and reproductive toxicity studies. The Agency has previously determined that no additional safety factor to protect infants and children is necessary for this product. Using the conservative assumptions described in the exposure section above, aggregate exposure to fosetyl al from currently registered food uses will utilize up to 8% of the RfD for children 1   6 years old, the subpopulation at greatest exposure. Even when considering the potential incremental dietary risk resulting from the proposed use on green onion, the potential for exposure to residues in drinking water and from non dietary, non occupational exposure, the aggregate exposure to fosetyl al is expected to be well below the level of concern. Bayer CropScience concludes that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to fosetyl al residues.

F. International Tolerances There are no Codex Alimentarius Commission ( CODEX) maximum residue limits established for residues of fosetyl al in or on green onion. [ FR Doc. 02   33107 Filed 12   31   02; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ FRL   7431   9]

Federal Agency Hazardous Waste Compliance Docket AGENCY: Environmental Protection Agency. ACTION: Notice of sixteenth update of the Federal Agency Hazardous Waste Compliance Docket, pursuant to CERCLA section 120( c).

SUMMARY: Section 120( c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1986 ( SARA), requires the Environmental Protection Agency ( EPA) to establish a Federal Agency Hazardous Waste Compliance Docket. The docket is to contain certain information about Federal facilities that manage hazardous waste or from which hazardous substances have been or may be released. ( As defined by CERCLA section 101( 22), a release is any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment.) CERCLA requires that the docket be updated every six months, as new facilities are reported to EPA by Federal agencies. The following list identifies the Federal facilities to be included in this sixteenth update of the docket and includes facilities not previously listed on the docket and reported to EPA since the last update of the docket, 67 FR 44200, July 2, 2002, which was current as of January 31, 2002. SARA, as amended by the Defense Authorization Act of 1997, specifies that, for each VerDate Dec< 13> 2002 16: 33 Dec 31, 2002 Jkt 200001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 02JAN1. SGM 02JAN1


[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)]
[Notices]
[Pages 13851-13852]
[FR Doc No: 2015-06113]

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ENVIRONMETAL PROTECTION AGENCY

[FRL-9924-53-Region-5]

Proposed CERCLA Administrative Cost Recovery Settlement; Shaw
Road Drum Site, Clyde, Ohio

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with Section 122(i) of the Comprehensive
Environmental Response,

Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C.
9622(i), notice is hereby given of a proposed administrative settlement
for recovery of past response costs concerning the Shaw Road Drum Site
in Clyde, Ohio with the settling party: Lamar M. Durst Sr. Estate. The
settlement requires the settling party to pay $50,000 to the Hazardous
Substance Superfund. The settlement includes a covenant not to sue the
settling party pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a).
For thirty (30) days following the date of publication of this notice,
the Agency will receive written comments relating to the settlement.
The Agency will consider all comments received and may modify or
withdraw its consent to the settlement if comments received disclose
facts or considerations which indicate that the settlement is an
appropriate, improper, or inadequate. The Agency's response to any
comments received will be available for public inspection at the U.S.
EPA Record Center, Room 714 U.S. EPA, 77 West Jackson Boulevard,
Chicago, Illinois.

DATES: Comments must be submitted on or before April 16, 2015.

FOR FURTHER INFORMATION CONTACT: Cathleen R. Martwick, Associate
Regional Counsel, EPA Region 5, Office of Regional Counsel, C-14J,
Environmental Protection Agency, 77 W. Jackson Blvd., Chicago, Illinois
60604-3590; telephone number<PHONE_NUMBER>; fax number<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
    Dated: March 9, 2015.
Doug Ballotti,
Acting Director, Superfund Division, Region 5.
[FR Doc. 2015-06113 Filed 3-16-15; 8:45 am]
 BILLING CODE 6560-50-P


 [Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)] [Rules and Regulations] [Pages 39771-39773] [FR Doc No: 2011-17114]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0277]

RIN 1625-AA08

Special Local Regulations for Marine Events; Lake Gaston,

Enterprise, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing Special Local Regulations for

``The Crossing'' swim event, to be held on the waters of Lake Gaston,

adjacent to the Eaton Ferry Bridge in Enterprise, North Carolina on

August 13, 2011. This Special Local Regulation is necessary to provide

for the safety of life on navigable waters during the event. This

action is intended to restrict vessel traffic on Lake Gaston under the

Eaton Ferry Bridge and within 100 yards east of the bridge during the

swim event.

DATES: This rule is effective from 8:30 a.m. to 12 p.m. (noon) on

August 13, 2011.

ADDRESSES: Comments and material received from the public, as well as

documents mentioned in this preamble as being available in the docket,

are part of docket USCG-2011-0277 and are available online by going to

http://www.regulations.gov, inserting USCG-2011-0277 in the ``Keyword''

box, and then clicking ``Search.'' This material is also available for

inspection or copying at the Docket Management Facility (M-30), U.S.

Department of Transportation, West Building Ground Floor, Room W12-140,

1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5

p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this

temporary rule, call or e-mail BOSN3 Joseph M. Edge, Prevention

Department, Coast Guard Sector North Carolina; telephone<PHONE_NUMBER>,

e-mail<EMAIL_ADDRESS>If you have questions on viewing the

docket, call Renee V. Wright, Program Manager, Docket Operations,

telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 24, 2011, we published a notice of proposed rulemaking

(NPRM) entitled Special Local Regulations for Marine Events; Lake

Gaston, Enterprise, North Carolina in the Federal Register (76 FR

30069). We received no comments on the proposed rule. No public meeting

was requested, and none was held.

Background and Purpose

    On August 13, 2011 from 8:30 a.m. to 12 p.m (noon) the Organization

to Support the Arts, Infrastructure, and Learning on Lake Gaston, also

known as O'SAIL, will sponsor ``The Crossing'' on the waters of Lake

Gaston, adjacent to Enterprise, North Carolina. The swim event will

consist of approximately 200 swimmers entering Lake Gaston at the

Morning Star Marina on the north bank of Lake Gaston, east of the Eaton

Ferry Bridge, and swimming south along the eastern side of the Eaton

Ferry Bridge to the Waterview Restaurant. A fleet of spectator vessels

are expected to gather near the event site to view the competition. To

provide for the safety of

participants, spectators and transiting vessels, the Coast Guard will

temporarily restrict vessel traffic in the regulated area during this

event.

    In an effort to enhance safety of event participants the channel in

the vicinity of Eaton Ferry Bridge will remain closed during event on

August 13, 2011 from 8:30 a.m. to 12 p.m (noon) The Coast Guard will

temporarily restrict access to this section of Lake Gaston during the

event.

Discussion of Comments and Changes

    We received no comments in this rulemaking, and no changes have

been made in response to comments.

Regulatory Analyses

    We developed this rule after considering numerous statutes and

executive orders related to rulemaking. Below we summarize our analyses

based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)

of Executive Order 12866, Regulatory Planning and Review, as

supplemented by Executive Order 13563, Improving Regulation and

Regulatory Review, and does not require an assessment of potential

costs and benefits under section 6(a)(3) of that Executive Order 12866

or under section 1 of Executive Order 13563. The Office of Management

and Budget has not reviewed it under that those Orders.

    Although this regulation will restrict access to this portion of

Lake Gaston, the effect of this rule will not be significant because

the regulated area will be in effect for a limited time, from 8:30 a.m.

to 12 p.m (noon), on August 13, 2011. The Coast Guard will give advance

notification via maritime advisories so mariners can adjust their plans

accordingly, and the regulated area will apply only to the section of

Lake Gaston in the immediate vicinity of the Eaton Ferry Bridge. Coast

Guard vessels enforcing this regulated area can be contacted on marine

band radio VHF-FM channel 16 (156.8 MHz).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have

considered whether this rule would have a significant economic impact

on a substantial number of small entities. The term ``small entities''

comprises small businesses, not-for-profit organizations that are

independently owned and operated and are not dominant in their fields,

and governmental jurisdictions with populations of less than 50,000.

    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will

not have a significant economic impact on a substantial number of small

entities. This rule will affect the following entities, some of which

may be small entities: The owners or operators of recreational vessels

intending to transit the specified portion of Lake Gaston from 8:30

a.m. to 12 p.m (noon) on August 13, 2011.

    This rule will not have a significant economic impact on a

substantial number of small entities for the following reasons. This

rule will only be in effect for 3 and one-half hours from 8:30 a.m. to

12 p.m (noon) The regulated area applies only to the section of Lake

Gaston in the vicinity of the Eaton Ferry Bridge and traffic may be

allowed to pass through the regulated area with the permission of the

Coast Guard Patrol Commander. In the case where the Patrol Commander

authorizes passage through the regulated area, vessels shall proceed at

the minimum speed necessary to maintain a safe course that minimizes

wake near the swim course. The Patrol Commander will allow non-

participating vessels to transit the event area once all swimmers are

safely clear of navigation channels and vessel traffic areas. Before

the enforcement period, we will issue maritime advisories so mariners

can adjust their plans accordingly.

    If you think that your business, organization, or governmental

jurisdiction qualifies as a small entity and that this rule would have

a significant economic impact on it, please submit a comment (see

ADDRESSES) explaining why you think it qualifies and how and to what

degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to

assist small entities in understanding the rule so that they could

better evaluate its effects on them and participate in the rulemaking

process.

    Small businesses may send comments on the actions of Federal

employees who enforce, or otherwise determine compliance with, Federal

regulations to the Small Business and Agriculture Regulatory

Enforcement Ombudsman and the Regional Small Business Regulatory

Fairness Boards. The Ombudsman evaluates these actions annually and

rates each agency's responsiveness to small business. If you wish to

comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR

(1-888-734-3247). The Coast Guard will not retaliate against small

entities that question of complain about this rule or any policy or

action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the

Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,

Federalism, if it has a substantial direct effect on State or local

governments and would either preempt State law or impose a substantial

direct cost of compliance on them. We have analyzed this rule under

that Order and have determined that it does not have implications for

federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)

requires Federal agencies to assess the effects of their discretionary

regulatory actions. In particular, the Act addresses actions that may

result in the expenditure by a State, local, or tribal government, in

the aggregate, or by the private sector of $100,000,000 (adjusted for

inflation) or more in any one year. Though this rule will not result in

such an expenditure, we do discuss the effects of this rule elsewhere

in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise

have taking implications under Executive Order 12630, Governmental

Actions and Interference with Constitutionally Protected Property

Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)

of Executive Order 12988, Civil Justice Reform, to minimize litigation,

eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection

of Children from Environmental Health Risks and Safety Risks. This rule

is not an economically significant rule and does not create an

environmental risk to health or risk to safety that may

disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order

13175, Consultation and Coordination

with Indian Tribal Governments, because it does not have a substantial

direct effect on one or more Indian tribes, on the relationship between

the Federal Government and Indian tribes, or on the distribution of

power and responsibilities between the Federal Government and Indian

tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions

Concerning Regulations That Significantly Affect Energy Supply,

Distribution, or Use. We have determined that it is not a ``significant

energy action'' under that order because it is not a ``significant

regulatory action'' under Executive Order 12866 and is not likely to

have a significant adverse effect on the supply, distribution, or use

of energy. The Administrator of the Office of Information and

Regulatory Affairs has not designated it as a significant energy

action. Therefore, it does not require a Statement of Energy Effects

under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15

U.S.C. 272 note) directs agencies to use voluntary consensus standards

in their regulatory activities unless the agency provides Congress,

through the Office of Management and Budget, with an explanation of why

using these standards would be inconsistent with applicable law or

otherwise impractical. Voluntary consensus standards are technical

standards (e.g., specifications of materials, performance, design, or

operation; test methods; sampling procedures; and related management

systems practices) that are developed or adopted by voluntary consensus

standards bodies.

    This rule does not use technical standards. Therefore, we did not

consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security

Management Directive 023-01 and Commandant Instruction M16475.lD, which

guide the Coast Guard in complying with the National Environmental

Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded

this action is one of a category of actions which do not individually

or cumulatively have a significant effect on the human environment.

This rule is categorically excluded, under figure 2-1, paragraph

(34)(h), of the Instruction. This rule involves implementation of

regulations within 33 CFR Part 100 that apply to organized marine

events on the navigable waters of the United States that may have

potential for negative impact on the safety or other interest of

waterway users and shore side activities in the event area. This

special local regulation is necessary to provide for the safety of the

general public and event participants from potential hazards associated

with movement of vessels near the event area. An environmental analysis

checklist and a categorical exclusion determination are available in

the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping

requirements, Waterways.

0

For the reasons discussed in the preamble, the Coast Guard amends 33

CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0

1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233

0

2. Add a temporary Sec.  100.35T05-0277 to read as follows:

Sec.  100.35T05-0277  Lake Gaston, Enterprise, NC.

    (a) Regulated area. The following location is a regulated area: All

waters of Lake Gaston directly under the Eaton Ferry Bridge, latitude

36[deg]31'06'' North, longitude 077[deg]57'37'' West, and within 100

yards of the eastern side of the bridge at Enterprise, North Carolina.

All coordinates reference Datum NAD 1983.

    (b) Definitions. (1) Coast Guard Patrol Commander means a

commissioned, warrant, or petty officer of the U. S. Coast Guard who

has been designated by the Commander, Coast Guard Sector North

Carolina.

    (2) Official Patrol means any vessel assigned or approved by

Commander, Coast Guard Sector North Carolina with a commissioned,

warrant, or petty officer on board and displaying a Coast Guard ensign.

    (3) Participant means all vessels participating in the ``The

Crossing'' swim event under the auspices of the Marine Event Permit

issued to the event sponsor and approved by Commander, Coast Guard

Sector North Carolina.

    (4) Spectator means all persons and vessels not registered with the

event sponsor as participants or official patrol.

    (c) Special local regulations. (1) The Coast Guard Patrol Commander

may forbid and control the movement of all vessels in the vicinity of

the regulated area. When hailed or signaled by an official patrol

vessel, a vessel approaching the regulated area shall immediately

comply with the directions given. Failure to do so may result in

termination of voyage and citation for failure to comply.

    (2) The Coast Guard Patrol Commander may terminate the event, or

the operation of any support vessel participating in the event, at any

time it is deemed necessary for the protection of life or property. The

Coast Guard may be assisted in the patrol and enforcement of the

regulated area by other Federal, State, and local agencies.

    (3) Vessel traffic, not involved with the event, may be allowed to

transit the regulated area with the permission of the Patrol Commander.

Vessels that desire passage through the regulated area shall contact

the Coast Guard Patrol Commander on VHF-FM marine band radio for

direction. Only participants and official patrol vessels are allowed to

enter the regulated area.

    (4) All Coast Guard vessels enforcing the regulated area can be

contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and

channel 22 (157.1 MHz). The Coast Guard will issue marine information

broadcast on VHF-FM marine band radio announcing specific event date

and times.

    (d) Enforcement period. This section will be enforced from 8:30

a.m. to 12 p.m. (noon) on August 13, 2011.

     Dated: June 23, 2011.

A. Popiel,

Captain, U.S. Coast Guard, Captain of the Port North Carolina.

[FR Doc. 2011-17114 Filed 7-6-11; 8:45 am]

BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Rules and Regulations]
[Pages 33544-33547]
[FR Doc No: 2021-13456]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2021-0266; FRL-10024-99-Region 7]

Air Plan Approval; Iowa; State Implementation Plan and State
Plans for Designated Facilities and Pollutants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Iowa State Implementation Plan (SIP)
and is also approving revisions to the Iowa Operating Permit Program.
The revisions include updating definitions, regulatory references,
requiring facilities to submit electronic emissions inventory
information under the state's Title V permitting program, and updating
references for the most recent federally approved minimum
specifications and quality assurance procedures for performance
evaluations of continuous monitoring systems. EPA is also approving
previous revisions to the Operating Permit Program that allow for
electronic document submission that meet EPA's requirements. These
revisions will not impact air quality and will ensure consistency
between the state and Federally approved rules.

DATES: This final rule is effective on July 26, 2021.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2021-0266. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Stephen Krabbe, Environmental
Protection Agency, Region 7 Office, Air Quality and Planning Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913)
551-7991 or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.

Table of Contents

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

I. What is being addressed in this document?

    EPA is approving a submission from the State of Iowa to revise its
SIP and the Operating Permits Program. On August 12, 2020, the Iowa
Department of Natural Resources (IDNR) submitted a request to revise
the SIP to incorporate recent changes to Iowa Administrative Code,
including provisions relating to electronic submittal of information to
IDNR that were revised in previous state rulemakings. The following
chapters are impacted:
     Chapter 20, ``Scope of Title--Definitions;''

     Chapter 22, ``Controlling Pollution;''
     Chapter 23, ``Emission Standards for Contaminants;''
     Chapter 25, ``Measurement of Emissions;'' and
     Chapter 33, ``Special Regulations and Construction Permit
Requirements for Major Stationary Sources--Prevention of Significant
Deterioration (PSD) of Air Quality.''
    The revision includes a request for EPA to approve references in
Chapter 22 to allow for electronic submittal of air quality permit
applications, streamlined alternatives to traditional applications,
such as registrations, notifications, and template applications,
construction permit applications, acid rain permit applications,
notifications, emissions inventory, certifications, determination
requests, fees, forms, and payments.
    The revision includes the new definitions of ``electronic format'',
``electronic submittal'', and ``electronic submittal format''. The
revisions also update the construction permit application provisions to
specify the types of submittals that may be included in an electronic
submittal option, updates methods and procedures for stack sampling and
associated analytical methods, updates the definition of ``volatile
organic compounds'' for prevention of significant deterioration (PSD)
and updates the applicability of the PSD rule to construction of any
new ``major stationary source''. The specific changes and EPA analysis
are discussed in more detail the proposed rule included in the docket
for this action.
    The EPA solicited comments on the proposed revision to Iowa's SIP,
and did not receive any comments.

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

    The August 12, 2020 submission met the public notice requirements
for SIP submissions in accordance with 40 CFR 51.102. The State held a
public comment period from March 11 to April 13, 2020, with a public
hearing on April 13, 2020. No public comments were received.
    The items related to electronic submittal of permit applications
and emissions inventories, were placed on public notice at various
dates specified above. The supporting documentation has been included
in the docket. The only comment made specifically regarding the
language pertaining to Iowa's electronic document receiving system was
made by EPA and was resolved by EPA's approval of Iowa's electronic
document receiving systems pursuant to CROMERR requirements.
    The above submittals satisfy the completeness criteria of 40 CFR
part 51, appendix V. In addition, these revisions meet the substantive
SIP requirements of the CAA, including section 110 and implementing
regulations. Finally, the revisions are also consistent with applicable
EPA requirements of Title V of the CAA and 40 CFR part 70.

III. What action is the EPA taking?

    The EPA is taking final action to approve revisions to the Iowa SIP
and the Operating Permits Program. The revisions update the definitions
of ``EPA Reference Method'' and ``volatile organic compounds'', updates
the definitions to adopt the most current EPA methods for measuring air
pollutant emissions, performance testing, and continuous monitoring,
and to reflect changes EPA has made to the definitions. The revisions
also add regulatory cross-references, and define ``electronic format,''
``electronic submittal,'' and ``electronic submittal format'' to
facilitate the Department's launch of EASY Air, a new online electronic
method for submitting air quality permit applications.
    EPA has determined that approval of these revisions will not impact
air quality and will ensure consistency between the state and
federally-approved rules, and ensure Federal enforceability of the
state's revised air program rules.

IV. Incorporation by Reference

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

    \1\ 62 FR 27968, May 22, 1997.
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as

specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 24, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements (see section 307(b)(2)).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Reporting and recordkeeping requirements, Volatile organic
compounds.

40 CFR Part 70

    Environmental protection, Acid rain, Administrative practice and
procedure, Air pollution control, Hazardous substances,
Intergovernmental relations, Licensing and registration, Reporting and
recordkeeping requirements.

    Dated: June 14, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA amends 40 CFR parts
52 and 70 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart Q--Iowa

0
2. In Sec.  52.820, the table in paragraph (c) is amended by revising
the entries for ``567-20.1'', ``567-22.1'', ``567-25.1'', and ``567-
33.3'' to read as follows:

Sec.  52.820   Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
                                                         State
       Iowa citation                 Title          effective date    EPA  approval date        Explanation
----------------------------------------------------------------------------------------------------------------
                                      Iowa Department of Natural Resources
                                    Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
                                     Chapter 20--Scope of Title-Definitions
----------------------------------------------------------------------------------------------------------------
567-20.1...................  Scope of Title--            7/22/2020  6/25/2021, [insert     The definitions for
                              Definitions.                           Federal Register       ``anaerobic
                                                                     citation].             lagoon,'' ``odor,''
                                                                                ``odorous
                                                                                substance,''
                                                                                ``odorous substance
                                                                                source'' are not SIP
                                                                                approved.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1...................  Permits Required for        7/22/2020  6/25/2021, [insert
                              New or Stationary                      Federal Register
                              Sources.                               citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Chapter 25--Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
567-25.1...................  Testing and Sampling        7/22/2020  6/25/2021, [insert
                              of New and Existing                    Federal Register
                              Equipment.                             citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources-Prevention of
                                 Significant Deterioration (PSD) of Air Quality
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
567-33.3...................  Special Construction        7/22/2020  6/25/2021, [insert     Provisions of the
                              Permit Requirements                    Federal Register       2010 PM2.5 PSD--
                              for Major Stationary                   citation].             Increments, SILs and
                              Sources in Areas                                              SMCs rule, published
                              Designated                                                    in the Federal
                              Attainment or                                                 Register on October
                              Unclassified (PSD).                                           20, 2010, relating
                                                                                to SILs and SMCs
                                                                                that were affected
                                                                                by the January 22,
                                                                                2013, U.S. Court of
                                                                                Appeals decision are
                                                                                not, at the state's
                                                                                request, included in
                                                                                Iowa's SIP
                                                                                provisions (see
                                                                                Federal Register,
                                                                                March 14, 2014)
                                                                                (Vol. 79, No. 50).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

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

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

0
4. In appendix A to part 70 the entry for ``Iowa'' is amended by adding
paragraph (w) to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs

* * * * *

Iowa

* * * * *
    (w) The Iowa Department of Natural Resources submitted for
program approval revisions to rules 567-22.100, 567-22.120, 567-
22.105(1), 567-22.106(2), and 567-22.128(4). The state effective
date for 567-22.105(1) and 567-22.106(2) is April 17, 2019. The
state effective date for 567-22.100, 567-22.120, and 567-22.128(4)
is July 22, 2020. This revision is effective August 24, 2021.
* * * * *
[FR Doc. 2021-13456 Filed 6-24-21; 8:45 am]
BILLING CODE 6560-50-P