[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Proposed Rules]
[Pages 3354-3358]
[FR Doc No: 2019-02066]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2006-0651; FRL-9989-27-Region 4]

Air Plan Approval; GA; Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve changes to the Georgia State Implementation Plan (SIP)
submitted by the State of Georgia, through the Georgia Environmental
Protection Division (GA EPD) of the Department of Natural Resources, on
April 11, 2003. EPA is proposing to approve portions of a SIP revision
which include changes to Georgia's rules regarding emissions standards
and open burning. This action is being proposed pursuant to the Clean
Air Act (CAA or Act) and its implementing regulations.

DATES: Written comments must be received on or before March 14, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2006-0651 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960, or Joel Huey, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. Mr. Wong can be reached by telephone at<PHONE_NUMBER> or
via electronic mail at<EMAIL_ADDRESS>Mr. Huey can be reached by
telephone at<PHONE_NUMBER> or via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On April 11, 2003, GA EPD submitted a SIP revision to EPA for
approval that involves changes to Georgia's SIP regulations. In this
action, EPA is proposing to approve the portions of the Georgia
submission that make changes to Georgia's Rule 391-3-1-.02(2)(nnn)--NOX
Emissions from Large Stationary Gas Turbines and Rule 391-3-1-.02(5)--
Open Burning.\1\ EPA is not

acting on the following three other portions of GA EPD's April 11,
2003, submittal at this time. On October 21, 2009, GA EPD submitted a
letter withdrawing from the submittal a proposed revision to Georgia
Rule 391-3-1-.02(2)(qqq)--Volatile Organic Compound From Extruded
Polystyrene Products Manufacturing Utilizing a Blowing Agent.\2\ On
January 5, 2017 (82 FR 1206), EPA approved changes to Rule 391-3-
1-.01--Definitions that were included in the April 11, 2003, submittal.
On April 16, 2018 (83 FR 16276), EPA published a proposed rulemaking
for Rule 391-3-1-.03(11)(b)--Permit by Rule Standards that was included
in the April 11, 2003, submittal.
---------------------------------------------------------------------------

    \1\ On August 31, 2018, GA EPD submitted a letter (included in
the docket for this action) withdrawing from the submittal a
proposed revision to Georgia Rule 391-3-1-.02(5)(d) that would
provide exceptions to the 40 percent opacity limit on open burning.
    \2\ The October 21, 2009, letter is included in the docket for
this action.
---------------------------------------------------------------------------

II. Analysis of State's Submittal

A. Rule 391-3-1-.02(2)(nnn)--NOX Emissions from Large Stationary Gas
Turbines

    EPA is proposing to approve a change to Rule 391-3-1-.02(2)(nnn)--
NOX Emissions from Large Stationary Gas Turbines (henceforth, Rule
(nnn)), which applies to stationary gas turbines with a maximum
potential output of greater than 25 megawatts. This rule was originally
approved into the Georgia SIP on July 10, 2001 (66 FR 35906), as one of
several rules adopted as part of GA EPD's 1-hour ozone attainment
demonstration for the Atlanta nonattainment area (Atlanta Area).
    Paragraph 1 of Rule (nnn) establishes nitrogen oxides
(NOX) emission limits for the subject gas turbines in a 45-
county area that includes and extends beyond the thirteen counties of
the previous Atlanta, Georgia, 1979 1-hour ozone maintenance area.\3\
Paragraph 2 of the rule provides that these limits apply during the
``ozone season'' period of May 1 through September 30 of each year.
---------------------------------------------------------------------------

    \3\ Thirteen counties of the Atlanta Area were designated
nonattainment for the 1979 1-hour ozone NAAQS on November 6, 1991
(56 FR 56694) and redesignated to attainment effective June 14, 2005
(70 FR 34660).
---------------------------------------------------------------------------

    For existing units, paragraph 5 of Rule (nnn) allowed a source
owner or operator to petition the Director, by May 1, 2003, for a
change to the rule in case a source is unable to meet the
NOX emission limits of paragraph 1 through combustion
modifications. Georgia Power, in a 2002 letter to GA EPD,\4\ specified
certain combustion turbine units at four sources that would not be able
to meet the emission limits in paragraph 1 because either emission
reduction technologies failed to achieve compliance with the
NOX limit of the rule or because compliance proved to be
prohibitively expensive. Those units are Unit 6 at Plant Bowen, Units
3A and 3B at Plant McDonough, Units 5A and 5B at Plant Atkinson, and
Unit 5A at Plant Wansley. As a result, GA EPD's April 11, 2003, SIP
revision adds to Rule (nnn) a new paragraph 7, which provides an
exemption from the rule for the units that Georgia Power determined
were unable to comply with the NOX limits of paragraph 1 and
were therefore taken out of normal service during ozone season. On
April 10, 2018, GA EPD informed EPA that only two sources remain
affected by this exemption.\5\
---------------------------------------------------------------------------

    \4\ See Charles H. Huling, Georgia Power, to Harold F. Reheis,
GA EPD, August 23, 2002, included in GA EPD's April 11, 2003, SIP
submittal.
    \5\ The two sources are Plant McDonough (combustion turbines 3A
(CT5M and CT6M) and 3B (CT7M and CT8M) and Plant Wansley (combustion
turbine 5A), as stated in an email from GA EPD to EPA on April 10,
2018. The email is included in the docket for this action.
---------------------------------------------------------------------------

    Paragraph 7 of Rule (nnn) provides that units are exempt from the
provisions of the rule if they only operate up to three hours per month
for maintenance purposes or under emergency conditions. Thus, such
units are to be maintained in an operational condition for the purpose
of being available to operate during emergency situations and for
normal operation outside of ozone season. If an owner or operator were
to choose to operate in excess of the paragraph 7 limitations, the unit
would be required to comply with the NOX emission limits of
paragraph 1 and could no longer avail itself of the exemption provided
by paragraph 7.
    EPA is proposing to find that the revisions to paragraph 7 to Rule
(nnn) are consistent with the CAA, including Section 110(l) of the Act,
because the changes will result in reduced overall emissions from the
exempted units. This is because the rule restricts the operation of the
subject units during ozone season to only limited circumstances--for
short periods of time for the purposes of maintenance and for emergency
situations--rather than being able to operate continuously for the
generation of electricity for sale. Under the existing approved rule,
these units are allowed to operate, in compliance with the
NOX emission limits of paragraph 1, for up to 3,672 hours
during the ozone season (153 ozone season days multiplied by 24 hours
per day). Under the paragraph 7 exemption from the NOX
emissions limits, these units are allowed to operate only up to 15
hours during ozone season (3 hours per month multiplied by 5 ozone
season months) for maintenance purposes, and only temporarily for
emergency purposes.
    On December 14, 2006, GA EPD submitted supplemental information
with an evaluation of emission rates under the new subparagraph 7. That
correspondence, which is included in the docket for this rulemaking,
shows Georgia's analysis of the maximum allowable NOX
emission rate based on the existing paragraph 1 in comparison to the
maximum allowable emissions for maintenance purposes under paragraph 7.
As shown in the table on page 3 of GA EPD's analysis, the allowable
NOX emissions based on operation for maintenance purposes
under paragraph 7 are significantly less than the allowable
NOX emissions under the existing paragraph 1--less than two
percent of previously allowable emissions. Indeed, since 2008, data
from EPA's Air Markets Program Data (https://ampd.epa.gov/ampd/) shows
the highest annual NOX emissions reported for these units is
less than 0.5 ton.
    Paragraph 7 limits the use of these units to two types of emergency
situations. First, the units may be used ``For the purpose of
restarting the steam-electric generating units when all steam-electric
generating units at a facility are down and off-site power is not
available (also known as a `Black Start').'' A ``Black Start'' occurs
in the rare circumstance that there is a system-wide power failure and
these combustion turbine units are temporarily started up to provide
the necessary power within the facility to re-start other units for the
purposes of electricity production for the grid. In an April 10, 2018
email, GA EPD informed EPA that, since the time that Georgia adopted
paragraph 7, these combustion turbine units have not been started up
for the emergency purpose of a Black Start.\6\
---------------------------------------------------------------------------

    \6\ The GA EPD email of April 10, 2018, is available in the
docket for this action.
---------------------------------------------------------------------------

    Second, paragraph 7 allows these units to be used ``When power
problems on the grid would necessitate implementing manual load
shedding procedures for retail customers.'' ``Manual load shedding,''
as described by GA EPD, is a procedure used when Georgia Power directs
power consumers to minimize or stop electric consumption, which can
occur in conjunction with brownouts.\7\ Such a procedure could be used
in an attempt to rebalance power in the grid and avoid

a system-wide power failure. Under paragraph 7, these combustion
turbine units could be used in this emergency situation to ensure
continued power production at a level sufficient to meet grid demand,
thus obviating the need to reduce or stop power to consumers through
manual load shedding procedures. Since the time that Georgia adopted
paragraph 7, manual load shedding procedures have occurred
infrequently,\8\ and such events do not necessarily require the start-
up of an emergency combustion turbine in all cases.
---------------------------------------------------------------------------

    \7\ Brownout is a voltage reduction by power companies during a
period of high electricity demand to prevent system overload and
thus avoid a potential blackout.
    \8\ See GA EPD email of April 10, 2018.
---------------------------------------------------------------------------

    Section 110(l) provides that ``the Administrator shall not approve
a revision of a plan if the revision would interfere with any
applicable requirement concerning attainment and reasonable further
progress (as defined in section 171), or any other applicable
requirement of this Act.'' This proposed SIP revision is consistent
with these requirements because potential NOX emissions for
maintenance under the new paragraph 7 are significantly less than
potential emissions of a unit generating electricity for sale
continuously during the 153-day ozone season. In addition, based upon
the limited types of emergency use allowed under the rule and the
actual operational history and emissions of these units,\9\ EPA
believes that start-up of these units for emergency purposes is
unlikely during any particular ozone season and that any such use that
might occur would be brief. Accordingly, EPA is proposing to approve
the amendment to Rule (nnn) from GA EPD's April 11, 2003, submittal.
---------------------------------------------------------------------------

    \9\ A summary of the NOX emissions from the affected
sources for the past 10 years is included in the docket for this
action.
---------------------------------------------------------------------------

B. Rule 391-3-1-.02(5)--Open Burning

    GA EPD's April 11, 2003, submittal makes several changes to the
State's Open Burning rule at Rule 391-3-1-.02(5). This rule bans open
burning in the State of Georgia with the exception of several specific
types of open burning listed at subsection (5)(a).\10\ In its
submittal, GA EPD explains that the purpose of the changes is to make
the rule consistent with current interpretation, implementation, and
enforcement.
---------------------------------------------------------------------------

    \10\ The submittal revises the definition of ``slash burning''
at paragraph (5)(e)2 (formerly (5)(f)2). However, EPA is not acting
on this change because the State deleted the term from the Rule in a
later submittal of November 6, 2006, which EPA has already approved.
See 75 FR 6309 (February 9, 2010).
---------------------------------------------------------------------------

    GA EPD's submittal revises paragraph (5)(a)6, which provides an
exclusion from the open burning ban for ``Fires set for purposes of
training fire-fighting personnel when authorized by the appropriate
governmental entity and the guidelines set forth by the Director are
strictly observed.'' The submittal revises this exclusion from the open
burning ban by deleting the ending phrase, ``and the guidelines set
forth by the Director are strictly observed.'' However, the State's
``guidelines set forth by the Director'' apply to acquired structure
burns, which as discussed below, are now part of the authorization
process for the new standalone exclusion from the open burning ban at
paragraph (5)(a)7. Therefore, the State has removed this phrase from
paragraph (5)(a)6.
    The submittal adds a standalone exemption from the open burning ban
at paragraph (5)(a)7 for ``[a]cquired structure burn,'' which is
defined as ``the burning of a house, building or structure for the
exclusive purpose of providing training to the fire-fighting personnel
or arson investigators.'' \11\ See Georgia Rule 391-3-1-.02(5)(e)(3).
Under the rule, an acquired structure burn may only be conducted after
an Authorization to Burn certificate has been issued by the Division.
EPA notes that acquired structure burn activities were previously
exempted from the open burning ban throughout the State, with some
limitations, under Rule 391-3-1-.02(5)(a)(6) (previously (a)(7)).
However, GA EPD has pulled ``acquired structure burns'' out as a
standalone exemption to further restrict them during ozone season in
the 45 counties encompassing and surrounding the (former) Atlanta ozone
1-hour nonattainment area.\12\ EPA is proposing to approve the addition
of ``acquired structure burns'' as a standalone exemption from the open
burning ban because it was already exempted under the existing SIP-
approved rule as part of training to the fire-fighting personnel under
paragraph (5)(a)6. As a standalone exemption, it is now specifically
banned during ozone season in the 45 counties of the Atlanta Area under
Rule 391-3-1-.02(5)(b). Also, conducting an acquired structure burn
requires an Authorization to Burn certificate, which includes the
``guidelines set forth by the Director'' that were also previously
included in paragraph (5)(a)6.\13\ In addition, EPA notes that because
acquired structure burns are no longer allowed in the 45-county area
surrounding the Atlanta Area during ozone season, this change will
prevent them from having an adverse impact on the seven counties of the
only current nonattainment area in the State.\14\ Taken together, the
exclusions at paragraphs (5)(a)6 and (5)(a)7 retain the exemption for
fires set for purposes of training fire-fighting personnel, provided
that proper authorization has been obtained, but now prohibit acquired
structure burns during the ozone season in 45 counties of the Atlanta
Area.
---------------------------------------------------------------------------

    \11\ EPA has already approved changes to the definition for
``[a]cquired structure burn'' at paragraph (5)(e)3. See 70 FR 50199
(August 26, 2005).
    \12\ See Rule 391-3-1-.02(5)(b), which limits the categories of
open burning allowed in the 45-county area.
    \13\ The ``guidelines set forth by the Director'' are provided
in the memorandum ``Guidance for Acquired Structure for Live Fire
Training'' from GA EPD to Georgia Fire Department Chiefs and
Personnel, July 13, 2016, downloaded from https://epd.georgia.gov/air/acquired-structure-burn-information on September 14, 2018, and
included in the docket for this rulemaking.
    \14\ On June 4, 2018, EPA designated the counties of Bartow,
Cobb, Clayton, DeKalb, Fulton, Gwinnett and Henry as nonattainment
for the 2015 8-hour ozone national ambient air quality standards
(NAAQS). See 83 FR 25776.
---------------------------------------------------------------------------

    The submittal also removes the following two types of open burning
from the list of activities at subsection (5)(a) that are excluded from
the open burning ban: (1) ``Destruction of combustible demolition or
construction materials either on site or transported to a burning
facility upon approval by the Director, unless prohibited by local
ordinance and/or regulation'' (subparagraph (5)(a)3); and (2) ``Setting
and maintenance by contractors and tradesmen of miscellaneous small
fires necessary to such activities as street-paving work installation
or repair of utilities, provided that such fires are kept small in
size, no smoke emissions exceed 40 percent opacity, and that local
ordinances and regulations do not prohibit such actions'' (subparagraph
(5)(a)11). Since these two types of open burning would no longer be
excluded from the State's open burning ban, they would be prohibited in
the State, and this strengthens protection of air quality.
    GA EPD's submittal revises another existing exclusion at paragraph
(5)(a)8, where the exclusion for ``Disposal of tree limbs from storm
damage'' is changed to ``Disposal of vegetative debris from storm
damage.'' EPA believes the change from ``tree limbs'' to ``vegetative
debris'' is minimal and will have no impact on air quality.
    Paragraph (5)(a)11 (previously (5)(a)12) provides an exception to
the open burning ban in ``other than predominantly residential areas
for the purpose of land clearing or construction or right-of-way
maintenance provided the following [five] conditions are met.'' The
second condition that must be met for this type of open burning to be
allowed is that ``[t]he location of the

burning is at least 1,000 feet from any dwelling located in a
predominately residential area.'' Two changes are made here. The
revised language (1) removes the limitation of this exception to
``other than predominantly residential areas,'' and (2) changes the
second condition that must be met such that rather than requiring this
type of burning occur at least 1,000 feet from any ``dwelling located
in a predominantly residential area,'' the rule requires it to occur at
least 1,000 feet from any ``occupied structure, or lesser distance if
approved by the Division.'' Thus, the revised rule establishes a
minimum distance required from all occupied structures (e.g., schools,
work places and shops), not just residential area dwellings, and
provides that the GA EPD Director may approve lesser distances as
evaluated and deemed appropriate. The revised language is more
protective of air quality because it requires that burning for the
purpose of land clearing, construction or right-of-way maintenance must
be conducted at least 1,000 feet away from all occupied structures, not
just residential dwellings. Any distance less than 1,000 feet must be
specifically reviewed and, if deemed appropriate, approved by the
Director. EPA believes the amount of distance required is unrelated to
attainment or maintenance of the NAAQS, and thus is appropriately left
to the State's discretion.
    Paragraph (5)(a)13 (previously (5)(a)14) provides seven conditions
that must all be met before anyone may conduct ``[o]pen burning of
vegetative material for the purpose of land clearing using an air
curtain destructor.'' The revision removes the ``Georgia Forestry
Office'' as one of the entities that may be required to authorize such
burning under the first condition at subparagraph (5)(a)13(i). As
revised, authorization for such burning must be obtained, if required,
from the fire department having local jurisdiction but is not required
from the Georgia Forestry Office. EPA believes this revision is within
the State's discretion. The revision also adds a new condition,
subparagraph (5)(a)13(viii), stating that ``[t]he air curtain
destructor cannot be fired before 10:00 a.m. and the fire must be
completely extinguished, using water or by covering with dirt, at least
one hour before sunset.'' Thus, the burning of vegetative material for
the purpose of land clearing using an air curtain destructor must be
limited to daytime hours. This approach is more protective of air
quality because it allows less time each day for the burning of
vegetative material and enables better oversight by enforcement
personnel.
    Subsection 391-3-1-.02(5)(b) provides specific county restrictions
to implement more stringent limitations on open burning in the counties
that were previously part of the Atlanta nonattainment area for the
1997 8-hour ozone NAAQS. GA EPD's April 11, 2003, revision moves the
counties of Bartow, Carroll, Hall, Newton, Spalding, and Walton from
paragraph (b)2 to paragraph (b)1 (and thus deletes paragraph (b)2) and
makes administrative edits to reflect the adopted changes in the
allowed types of open burning listed in subsection (5)(a). This is an
administrative change that will not impact air quality. The SIP
revision also deletes from paragraph (b)4 (renumbered as (b)3) a
statement which provides the Division with authority to allow
additional types of open burning if it can be demonstrated that
adequate disposal facilities are not reasonably available. EPA proposes
to approve this revision because it strengthens the SIP by disallowing
additional types of open burning currently allowed in some
circumstances under the specific county open burning restrictions of
subsection (5)(b).
    The submittal also includes a revision that would delete the
following provision from subsection (5)(c): ``A written notification to
a person of a violation at one site shall be considered adequate notice
of the rules and regulations and subsequently observed violations by
the same person at the same or different site will result in
immediately appropriate legal action by the Director.'' EPA is not
proposing to act on this deletion because the provision was never
approved into the SIP.
    The SIP revision also removes subsection (5)(e) of the State's Open
Burning Rule, which prohibits open burning during an ``air pollution
episode,'' defined at Rule 391-3-1-.04 as a condition that could ``lead
to a substantial threat to the health of persons in the specific area
affected.'' Georgia has separate state-adopted regulations establishing
three levels of an air pollution episode: ``Alert,'' ``Warning,'' and
``Emergency.'' The lowest level, ``Alert,'' occurs at 0.17 parts per
million (ppm) over an 8-hour average for ozone; 150 micrograms per
cubic meter ([mu]g/m\3\) over a 24-hour average for PM2.5;
and 350 [mu]g/m\3\ over a 24-hour average for PM10.\15\
---------------------------------------------------------------------------

    \15\ Georgia's adopted air pollutant concentration thresholds
for the ``Alert,'' ``Warning,'' and ``Emergency'' levels are not in
the State's federally-approved SIP, but are available on the State's
website at https://epd.georgia.gov/existing-rules-and-corresponding-laws.
---------------------------------------------------------------------------

    In this action, EPA is proposing to approve removal of the
prohibition on open burning during an air pollution episode at Rule
391-3-1-.02(5)(e), which currently states: ``During an air pollution
episode declared by the proper authorities, no open burning of any kind
shall be permitted unless open burning is required in the performance
of an official duty of any public office, or a fire is necessary to
thwart or prevent a hazard which cannot be properly managed by any
other means, or is necessary for the protection of public health.'' In
comparison with the NAAQS, the ``Alert'' levels under the State's Air
Pollution Episode rule are 2.3 times the ozone and PM NAAQS levels or
greater. In other words, an exceedance of the NAAQS would occur well
before the concentration of air contaminants gets high enough for an
air pollution episode declaration, meaning a ban on open burning during
an episode, by definition, cannot impact attainment or maintenance of
the NAAQS. Further, there have been only a few instances of pollutant
levels above the Alert threshold in Georgia,\16\ and no recorded
declaration of an air pollution episode. And as discussed below, EPA
notes the State has ample authority to implement an open burning ban to
the extent needed to protect public health. For these reasons, EPA
believes that removal of Rule 391-3-1-.02(5)(e) from the SIP is
consistent with the CAA, including section 110(l) of the Act, and its
implementing regulations.
---------------------------------------------------------------------------

    \16\ EPA conducted a review of historical data and identified
two exceedances of the PM2.5 and PM10
threshold. The ``Georgia Emergency Response Memo'' and associated
attachments are in the docket for this action.
---------------------------------------------------------------------------

    EPA also notes that removal of this provision will not impact the
State's separate ``emergency powers'' authority under section
110(a)(2)(G) of the Act. That provision requires the SIP to include
``emergency powers'' to restrain pollution sources presenting an
imminent and substantial endangerment to public health or welfare, or
the environment. EPA has previously approved Georgia Air Quality Act
Sec.  12-9-14 as satisfying the State's section 110(a)(2)(G)
obligations. Thus, removal of Rule 391-3-1-.02(d) will not impact this
separate applicable requirement.

III. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is

proposing to incorporate by reference the GA EPD Rule 391-3-
1-.02(2)(nnn)--NOX Emissions from Large Stationary Gas Turbines which
revises emissions limits for some large stationary gas turbines and
Rule 391-3-1-.02(5)--Open Burning, which revises the State's open
burning rules, state effective March 26, 2003. EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 4 office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).

IV. Proposed Action

    EPA is proposing to approve portions of Georgia's April 11, 2003,
submittal. Specifically, EPA is proposing to approve the changes to GA
EPD Rule 391-3-1-.02(2)(nnn)--NOX Emissions from Large Stationary Gas
Turbines and Rule 391-3-1-.02(5)--Open Burning. EPA believes that these
proposed changes to the regulatory portion of the SIP are consistent
with section 110 of the CAA and meet the regulatory requirements
pertaining to SIPs. EPA also believes that these proposed changes are
specifically consistent with CAA section 110(l), which states that the
Administrator shall not approve a revision of a plan if the revision
would interfere with any applicable requirement concerning attainment
and reasonable further progress (as defined in CAA section 171), or any
other applicable requirement of the Act.

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. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this proposed action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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 (Public Law 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where 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 as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
preference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.

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

    Dated: December 21, 2018.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-02066 Filed 2-11-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 159 (Friday, August 18, 2023)]
[Notices]
[Pages 56698-56699]
[FR Doc No: 2023-17751]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2003-0002-N-16]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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

SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks approval of the Information
Collection Request (ICR) summarized below. Before submitting this ICR
to the Office of Management and Budget (OMB) for approval, FRA is
soliciting public comment on specific aspects of the activities
identified in the ICR.

DATES: Interested persons are invited to submit comments on or before
October 17, 2023.

ADDRESSES: Written comments and recommendations for the proposed ICR
should be submitted on regulations.gov to the docket, Docket No. FRA-
2023-0002. All comments received will be posted without change to the
docket,

including any personal information provided. Please refer to the
assigned OMB control number (2130-0552) in any correspondence
submitted. FRA will summarize comments received in response to this
notice in a subsequent notice, made available to the public, and
include them in its information collection submission to OMB for
approval.

FOR FURTHER INFORMATION CONTACT: Ms. Arlette Mussington, Information
Collection Clearance Officer, at email: [email protected] or
telephone:<PHONE_NUMBER> or Ms. Joanne Swafford, Information
Collection Clearance Officer, at email: [email protected] or
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
provide 60-days' notice to the public to allow comment on information
collection activities before seeking OMB approval of the activities.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. Specifically,
FRA invites interested parties to comment on the following ICR
regarding: (1) whether the information collection activities are
necessary for FRA to properly execute its functions, including whether
the activities will have practical utility; (2) the accuracy of FRA's
estimates of the burden of the information collection activities,
including the validity of the methodology and assumptions used to
determine the estimates; (3) ways for FRA to enhance the quality,
utility, and clarity of the information being collected; and (4) ways
for FRA to minimize the burden of information collection activities on
the public, including the use of automated collection techniques or
other forms of information technology. See 44 U.S.C. 3506(c)(2)(A); 5
CFR 1320.8(d)(1).
    FRA believes that soliciting public comment may reduce the
administrative and paperwork burdens associated with the collection of
information that Federal regulations mandate. In summary, comments
received will advance three objectives: (1) reduce reporting burdens;
(2) organize information collection requirements in a ``user-friendly''
format to improve the use of such information; and (3) accurately
assess the resources expended to retrieve and produce information
requested. See 44 U.S.C. 3501.
    The summary below describes the ICR that FRA will submit for OMB
clearance as the PRA requires:
    Title: Locomotive Cab Sanitation.
    OMB Control Number: 2130-0552.
    Abstract: FRA's locomotive cab sanitation standards, 49 CFR 229.137
and 229.139, prescribe minimum standards for the locomotive cab
sanitation compartment, including the toilet facility. FRA uses the
information collection associated with these provisions to promote rail
safety and locomotive crew member health by ensuring crew member access
to a functioning and sanitary toilet facility and that railroads timely
repair defective and unsanitary conditions in the sanitation
compartment.
    In this 60-day notice, FRA has made a minor adjustment of less than
one hour due to a rounding error. Additionally, FRA is updating the
respondent universe from 746 railroads in the previous ICR to 784
railroads to reflect the changes that were made to the 2022 Railroad
Classification Data.
    Type of Request: Extension without change (with changes in
estimates) of a currently approved information collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: 784 railroads.
    Frequency of Submission: On occasion.
    Reporting Burden:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Average time    Total annual     Total cost
             CFR section                    Respondent  universe            Total annual responses         per response    burden hours    equivalent in
                                                                                (seconds)        (hours)       U.S. dollar
                                                                      (A)...............................             (B)     (C = A * B)        (D = C *
                                                                                wage rates)
                                                                                \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
229.21(a-b)--Daily inspection--        The burden for this requirement is covered under OMB Control No. 2130-0004 under Sec.   229.137 and Sec.
 Written report.                        229.139.
--------------------------------------------------------------------------------------------------------------------------------------------------------
229.137(d)--Defective, unsanitary      784 railroads................  11,700 tags.......................              90          292.50      $19,392.75
 toilet facility; use in trailing
 position--Tagging.
229.137(e)--Defective, sanitary        784 railroads................  7,956 tags........................              90          198.90       13,187.07
 toilet facility; use in switching,
 transfer service--Tagging.
229.139(d)--Switching or transfer      784 railroads................  93,600 notations..................              30          780.00       51,714.00
 service--defective locomotive toilet
 facility--Notation on daily
 inspection report.
                                      ------------------------------------------------------------------------------------------------------------------
    Total............................  784 railroads................  113,256 responses.................             N/A           1,271          84,294
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 113,256.
---------------------------------------------------------------------------

    \1\ Totals may not add due to rounding. The dollar equivalent
cost is derived from the 2022 Surface Transportation Board Full Year
Wage A&B data series using the burdened hourly wage of employee
groups, 400 (Maintenance of Equipment & Stores) $67.11, and 600
(Transportation, Train & Engine) $63.07. The wage rate is shared
with group 400 accounting for 80% and group 600 accounting for 20%.
The total burden wage rate (Straight time plus 75%) used in the
table is $63.30. 80% of $67.11 = $53.69, 20% of $63.07 = $12.61 for
a total of $66.30 hourly burdened wage rate.
---------------------------------------------------------------------------

    Total Estimated Annual Burden: 1,271 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: $84,294.
    FRA informs all interested parties that it may not conduct or
sponsor, and a respondent is not required to respond to, a collection
of information that does not display a currently valid OMB control
number.
    Authority: 44 U.S.C. 3501-3520.

Christopher S. Van Nostrand,
Acting Deputy Chief Counsel.
[FR Doc. 2023-17751 Filed 8-17-23; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Pages 56084-56085]
[FR Doc No: 2017-25473]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82129; File No. SR-MRX-2017-24]

Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to All-Or-
None Orders

November 20, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 13, 2017, Nasdaq MRX, LLC (``MRX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II, below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Rule 713 to delete Supplementary
Material .02, which no longer is applicable.
    The text of the proposed rule change is available on the Exchange's
Web site at www.ise.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange previously filed a rule change to amend the All-Or-
None Order so that it may only be entered into the trading system with
a time-in-force designation of Immediate-Or-Cancel.\3\ Previously, an
All-Or-None Order was a limit or market order that is to be executed in
its entirety or not at all. It was designated as a market or limit
order with any time-in-force designation. The Exchange filed to limit
All-Or-None Orders to only be accepted with a time-in-force designation
of Immediate-Or-Cancel.\4\ Today, an Immediate-Or-Cancel Order is a
limit order that is to be executed in whole or in part upon receipt.
Any portion not so executed is to be treated as cancelled. At that
time, the Exchange also proposed to amend Supplementary Material .02 to
Rule 713 to make clear that All-Or-None Orders will only be accepted
with a time-in-force designation of Immediate-Or-Cancel and, therefore,
would not persist in the Order Book.\5\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 81204 (July 25,
2017), 82 FR 35557 (June 31, 2017) (SR-MRX-2017-02)(Order Approving
Proposed Rule Change To Amend Various Rules in Connection With a
System Migration to Nasdaq INET Technology).
    \4\ Id.
    \5\ Id.
---------------------------------------------------------------------------

    The Exchange proposes at this time to remove Supplementary Material
.02 to Rule 713 as unnecessary as All-Or-None Orders do not rest on the
Order Book.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\6\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\7\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest
because the current notation in Supplementary Material .02 to Rule 713
is confusing and unnecessary. All-Or-None Orders do not rest on the
order book and do not allocate differently than any other incoming
order therefore no specific mention of this order type is necessary for
Rule 713 which discusses priority.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. This proposal seeks to delete
rule text which is unnecessary and may lead to confusion. All-Or-None
Orders do not rest on the order book and do not allocate differently
than any other incoming order.

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

    No written comments were either solicited or received.

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6)
thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \10\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\11\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest as it will allow the
Exchange to immediately delete unnecessary rule text which may minimize
potential investor confusion. Accordingly, the Commission hereby waives
the 30-day operative delay requirement and designates the proposed rule
change as operative upon filing.\12\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may

temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-MRX-2017-24 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MRX-2017-24. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-MRX-2017-24, and should be
submitted on or before December 18, 2017.
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-25473 Filed 11-24-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Page 35142]
[FR Doc No: 2021-14012]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92266; File No. 4-698]

Joint Industry Plan; Notice of Designation of a Longer Period for
Commission Action on a Proposed Amendment to the National Market System
Plan Governing the Consolidated Audit Trail

June 25, 2021.

I. Introduction

    On December 18, 2020, the Operating Committee for Consolidated
Audit Trail, LLC (``CAT LLC''), on behalf of the following parties to
the National Market System Plan Governing the Consolidated Audit Trail
(the ``CAT NMS Plan'' or ``Plan''): \1\ BOX Exchange LLC; Cboe BYX
Exchange, Inc., Cboe BZX Exchange, Inc., Cboe EDGA Exchange, Inc., Cboe
EDGX Exchange, Inc., Cboe C2 Exchange, Inc., Cboe Exchange, Inc.,
Financial Industry Regulatory Authority, Inc. (``FINRA''), Investors
Exchange LLC, Long-Term Stock Exchange, Inc., Miami International
Securities Exchange LLC, MEMX, LLC, MIAX Emerald, LLC, MIAX PEARL, LLC,
Nasdaq BX, Inc., Nasdaq GEMX, LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC,
Nasdaq PHLX LLC, The NASDAQ Stock Market LLC, New York Stock Exchange
LLC, NYSE American LLC, NYSE Arca, Inc., NYSE Chicago, Inc., and NYSE
National, Inc. (collectively, the ``Participants,'' ``self-regulatory
organizations,'' or ``SROs'') filed with the Securities and Exchange
Commission (``SEC'' or ``Commission'') pursuant to Section 11A(a)(3) of
the Securities Exchange Act of 1934 (``Exchange Act''),\2\ and Rule 608
thereunder,\3\ a proposed amendment (``Proposed Amendment'') to the CAT
NMS Plan that would authorize CAT LLC to revise the Consolidated Audit
Trail Reporter Agreement and the Consolidated Audit Trail Reporting
Agent Agreement to insert limitation of liability provisions. The
Proposed Amendment was published for comment in the Federal Register on
January 6, 2021.\4\
---------------------------------------------------------------------------

    \1\ The CAT NMS Plan is a national market system plan approved
by the Commission pursuant to Section 11A of the Exchange Act and
the rules and regulations thereunder. See Securities Exchange Act
Release No. 79318 (November 15, 2016), 81 FR 84696 (November 23,
2016).
    \2\ 15 U.S.C. 78k-1(a)(3).
    \3\ 17 CFR 242.608.
    \4\ See Notice of Filing of Amendment to the National Market
System Plan Governing the Consolidated Audit Trail, Exchange Act
Release No. 90826 (December 30, 2020), 86 FR 591 (``Notice'').
Comments received in response to the Notice can be found on the
Commission's website at https://www.sec.gov/comments/4-698/4-698.htm.
---------------------------------------------------------------------------

    On April 6, 2021, the Commission instituted proceedings to
determine whether to approve or disapprove the Proposed Amendment.\5\
Rule 608(b)(2)(i) of Regulation NMS provides that such proceedings
shall be concluded within 180 days of the date of the publication of
notice of the plan or amendment and that the time for conclusion of
such proceedings may be extended for up to 60 days (up to 240 days from
the date of notice publication) if the Commission determines that a
longer period is appropriate and publishes the reasons for such
determination or the plan participants consent to a longer period.\6\
The 180th day after publication of the Notice for the Proposed
Amendment is July 5, 2021. The Commission is extending this 180-day
period.
---------------------------------------------------------------------------

    \5\ See Exchange Act Release No. 91487 (April 6, 2021), 86 FR
19054 (April 12, 2021).
    \6\ 17 CFR 242.608(b)(2)(i).
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to conclude proceedings regarding the Proposed
Amendment so that it has sufficient time to consider the Proposed
Amendment and the comments received. Accordingly, pursuant to Rule
608(b)(2)(i) of Regulation NMS,\7\ the Commission designates September
3, 2021, as the date by which the Commission shall conclude the
proceedings to determine whether to approve or disapprove the Proposed
Amendment (File No. 4-698).
---------------------------------------------------------------------------

    \7\ Id.
    \8\ 17 CFR 200.30-3(a)(85).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-14012 Filed 6-30-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 56 (Friday, March 24, 2017)]
[Notices]
[Pages 15051-15053]
[FR Doc No: 2017-05844]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-46-000]

Southern Natural Gas Company, LLC; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Fairburn Expansion Project
and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Fairburn Expansion Project
involving construction and operation of facilities by Southern Natural
Gas Company, LLC (Southern) in Clayton, Cobb, Fayette, Fulton, and
Monroe Counties, Georgia. The Commission will use this EA in its
decision-making process to determine whether the project is in the
public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. You can make a difference by providing us with
your specific comments or concerns about the project. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
Your input will help the Commission staff determine what issues they
need to evaluate in the EA. To ensure that your comments are timely and
properly recorded, please send your comments so that the Commission
receives them in Washington, DC on or before April 19, 2017.
    If you sent comments on this project to the Commission before the
opening of this docket on February 3, 2017, you will need to file those
comments in Docket No. CP17-46-000 to ensure they are considered as
part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable agreement. However, if
the Commission approves the project, that approval conveys with it the
right of eminent domain. Therefore, if easement negotiations fail to
produce an agreement, the pipeline company could initiate condemnation
proceedings where compensation would be determined in accordance with
state law.
    Southern provided landowners with a fact sheet prepared by the FERC
entitled ``An Interstate Natural Gas Facility On My Land? What Do I
Need To Know?''. This fact sheet addresses a number of typically-asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for

viewing on the FERC Web site (www.ferc.gov).

Public Participation

    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has expert staff available to assist you at
(202) 502-8258 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' If you are filing a comment on a particular project,
please select ``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(CP17-46-000) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Room 1A,
Washington, DC 20426.

Summary of the Proposed Project

    Southern proposes to provide approximately 343 million cubic feet
per day of new firm transportation capacity to delivery points in
Southern's Zone 2 and Zone 3 systems from a new interconnection with an
existing Transcontinental Gas Pipe Line Company pipeline in Fayette
County, Georgia. Southern plans to begin construction of the project in
early 2018 for an anticipated in-service date of October 2018. The
Fairburn Expansion project would include the following facilities:
     One new 4.9-mile-long 30-inch-diameter Fairburn Lateral
from the Transcontinental Gas Pipeline Company interconnect in Fayette
County, Georgia, to the proposed Fairburn Compressor Station in Fulton
County, Georgia;
     one 1.6-mile-long 30-inch-diameter South Main 2nd Loop
Line Extension looping \1\ along with pig \2\ receiver from mileposts
(MP) 373.6 to 375.2 on Southern's existing South Main Line System in
Monroe County, Georgia;
---------------------------------------------------------------------------

    \1\ A pipeline loop is a segment of pipe constructed parallel to
an existing pipeline to increase capacity.
    \2\ A ``pig'' is a tool that the pipeline company inserts into
and pushes through the pipeline for cleaning the pipeline,
conducting internal inspections, or other purposes.
---------------------------------------------------------------------------

     acquisition of the 19.7-mile-long 30-inch-diameter
McDonough Lateral that extends from Southern's existing SNG-to-
McDonough Meter Station in Fulton County, Georgia to the proposed Plant
McDonough Meter Station in Cobb County, Georgia;
     a new Plant McDonough Meter Station in Cobb County,
Georgia, a SNG-to-McDonough Meter Station modification in Fulton
County, Georgia; and a new UPS Meter Station in Fulton County, Georgia,
all located on the McDonough Lateral;
     one new Transco-to-SNG Meter Station with pig launcher in
Fayette County, Georgia,
     one new 18,000-horsepower electric Fairburn Compressor
Station with pig receiver in Fulton County, Georgia; and
     modification of the Jonesboro Meter Station in Clayton
County, Georgia.
    A map depicting the general location of the project facilities is
included in appendix 1.\3\
---------------------------------------------------------------------------

    \3\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of appendices were sent to
all those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    Southern proposes to use 170 acres of land for construction of the
project, and would retain 59 acres of new permanent right-of-way for
operations. The Fairburn Lateral would require 65 acres for
construction, comprised of 34 acres of temporary right-of-way to be
restored and allowed to revert to former uses, and 31 acres of new
permanent right-of-way retained for operations. The South Main 2nd Loop
Line Extension would require 21 acres for construction, comprised of 16
acres of temporary right-of-way and 5 acres of new permanent right-of-
way. The Fairburn Compressor Station would require 28 acres for
construction, comprised of 13 acres of temporary workspace and 15 acres
of new permanent operational workspace. The five meter stations would
require 4.3 acres for construction and Columbia would retain all of
this acreage within its proposed permanent pipeline right-of-way for
operations. Columbia would require six new permanent access roads
totaling 4.5 acres for construction and operation. Columbia would
require 8.5 acres of temporary access roads and three contractor yards
totaling 39 acres for construction, all of which would revert to
previous use following construction.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\4\ to discover and address concerns the public may have about
proposals. This process is referred to as ``scoping.'' The main goal of
the scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all filed comments during the preparation of the EA.
---------------------------------------------------------------------------

    \4\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the proposed project under these
general headings:
     Geology and soils;
     water resources, fisheries, and wetlands;
     cultural resources;
     vegetation, wildlife, threatened and endangered species,
and migratory birds;
     land use and socioeconomics;
     air quality and noise;
     public safety; and
     cumulative impacts.
    We will also evaluate reasonable alternatives to the project or
portions of the project, and make recommendations on how to lessen or
avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Depending on
the comments received during the scoping process, we may also publish
and distribute the EA to the public for an allotted comment period. We
will consider all comments on the EA before making our recommendations
to the Commission. To ensure we have the opportunity to consider and
address your comments, please carefully follow the instructions in the
Public Participation section, beginning on page 2.
    With this notice, we are asking agencies with jurisdiction by law
and/

or special expertise with respect to the environmental issues of this
project to formally cooperate with us in the preparation of the EA.\5\
Agencies that would like to request cooperating agency status should
follow the instructions for filing comments provided under the Public
Participation section of this notice. Currently, the U.S. Army Corps of
Engineers has expressed intention to participate as a cooperating
agency in the preparation of the EA to satisfy its NEPA
responsibilities related to this project.
---------------------------------------------------------------------------

    \5\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with applicable State Historic Preservation Office (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the project's potential effects on
historic properties.\6\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPO as the project
develops. On natural gas facility projects, the APE at a minimum
encompasses all areas subject to ground disturbance (examples include
construction right-of-way, contractor/pipe storage yards, compressor
stations, and access roads). Our EA for this project will document our
findings on the impacts on historic properties and summarize the status
of consultations under section 106.
---------------------------------------------------------------------------

    \6\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed project.
    If we publish and distribute the EA, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are in
the ``Document-less Intervention Guide'' under the ``e-filing'' link on
the Commission's Web site. Motions to intervene are more fully
described at http://www.ferc.gov/resources/guides/how-to/intervene.asp.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site at www.ferc.gov using the ``eLibrary'' link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., CP17-
46). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription, which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: March 20, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-05844 Filed 3-23-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Notices]
[Pages 56748-56749]
[FR Doc No: 2011-23641]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act Meeting Notice

September 8, 2011.
    The following notice of meeting is published pursuant to section
3(a) of the government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C.
552b:

AGENCY HOLDING MEETING: Federal Energy Regulatory Commission.

DATE AND TIME: September 15, 2011, 10 a.m.

PLACE: Room 2C, 888 First Street, NE., Washington, D.C. 20426.

STATUS: Open.

MATTERS TO BE CONSIDERED: Agenda.

    Note:  Items listed on the agenda may be deleted without further
notice.

CONTACT PERSON FOR MORE INFORMATION:  Kimberly D. Bose, Secretary,
Telephone<PHONE_NUMBER>.
    For a recorded message listing items struck from or added to the
meeting, call<PHONE_NUMBER>.
    This is a list of matters to be considered by the Commission. It
does not include a listing of all documents relevant to the items on
the agenda. All public documents, however, may be viewed on line at the
Commission's Web site at http://www.ferc.gov using the eLibrary link,
or may be examined in the Commission's Public Reference Room.

973RD--Meeting

Regular Meeting

September 15, 2011; 10 a.m.

----------------------------------------------------------------------------------------------------------------
           Item No.                       Docket No.                                Company
----------------------------------------------------------------------------------------------------------------
                                                 Administrative
----------------------------------------------------------------------------------------------------------------
A-1...........................  AD02-1-000...................  Agency Business Matters.
A-2...........................  AD02-7-000...................  Customer Matters, Reliability, Security and
                                                                Market Operations.
A-3...........................  OMITTED......................
A-4...........................  AD11-9-000...................  Report on Outages and Curtailments During the
                                                                Southwest Cold Weather Event of February 1-5,
                                                                2011.
----------------------------------------------------------------------------------------------------------------

                                                    Electric
----------------------------------------------------------------------------------------------------------------
E-1...........................  RM11-11-000..................  Version 4 Critical Infrastructure Protection
                                                                Reliability Standards.
E-2...........................  OMITTED......................

E-3...........................  RM08-13-004..................  Transmission Relay Loadability Reliability
                                                                Standard.
E-4...........................  RM10-6-000...................  Interpretation of Transmission Planning
                                                                Reliability Standard.
E-5...........................  RM10-29-000..................  Electric Reliability Organization Interpretation
                                                                of Transmission Operations Reliability Standard.
E-6...........................  RM11-16-000..................  Transmission Relay Loadability Reliability
                                                                Standard.
E-7...........................  RD11-7-000...................  North American Electric Reliability Corporation.
E-8...........................  ER11-3970-000................  Midwest Independent Transmission System Operator,
                                                                Inc.
E-9...........................  TS11-5-000...................  Bangor Hydro Electric Company.
E-10..........................  ER11-3967-000................  Southwest Power Pool, Inc.
E-11..........................  ER11-3064-001................  PJM Interconnection, L.L.C. and Trans-Allegheny
                                                                Interstate Line Company.
E-12..........................  ER11-3972-000................  PJM Interconnection, L.L.C.
E-13..........................  ER11-3953-000................  ISO New England Inc. and New England Power Pool.
E-14..........................  ER11-2224-004................  New York Independent System Operator, Inc.
                                ER11-2224-005................
                                ER11-2224-009................
E-15..........................  ER11-3949-000................  New York Independent System Operator, Inc.
                                ER11-3949-001................
                                ER11-3951-000................
E-16..........................  ER11-3973-000................  California Independent System Operator
                                                                Corporation.
E-17..........................  EL11-12-002..................  Idaho Wind Partners 1, LLC.
----------------------------------------------------------------------------------------------------------------
                                                       Gas
----------------------------------------------------------------------------------------------------------------
G-1...........................  RM11-4-000...................  Storage Reporting Requirements of Interstate and
                                                                Intrastate Natural Gas Companies.
----------------------------------------------------------------------------------------------------------------
                                                      Hydro
----------------------------------------------------------------------------------------------------------------
H-1...........................  P-2698-050...................  Duke Energy Carolinas, LLC.
                                P-2686-062...................
H-2...........................  P-13681-002..................  Grand Coulee Project Hydroelectric Authority.
H-3...........................  DI10-9-001...................  Woodland Pulp LLC.
----------------------------------------------------------------------------------------------------------------
                                                  Certificates
----------------------------------------------------------------------------------------------------------------
C-1...........................  CP11-30-000..................  Tennessee Gas Pipeline Company.
                                CP11-41-000..................  Dominion Transmission, Inc.
C-2...........................  CP10-510-000.................  El Paso Natural Gas Company.
----------------------------------------------------------------------------------------------------------------

    A free webcast of this event is available through http://www.ferc.gov. Anyone with Internet access who desires to view this
event can do so by navigating to http://www.ferc.gov's Calendar of
Events and locating this event in the Calendar. The event will contain
a link to its webcast. The Capitol Connection provides technical
support for the free webcasts. It also offers access to this event via
television in the DC area and via phone bridge for a fee. If you have
any questions, visit http://www.CapitolConnection.org or contact
Danelle Springer or David Reininger at<PHONE_NUMBER>.
    Immediately following the conclusion of the Commission Meeting, a
press briefing will be held in the Commission Meeting Room. Members of
the public may view this briefing in the designated overflow room. This
statement is intended to notify the public that the press briefings
that follow Commission meetings may now be viewed remotely at
Commission headquarters, but will not be telecast through the Capitol
Connection service.

Kimberly D. Bose,
 Secretary.
[FR Doc. 2011-23641 Filed 9-12-11; 4:15 pm]
BILLING CODE 6717-01-P