[Federal Register Volume 79, Number 166 (Wednesday, August 27, 2014)]
[Notices]
[Pages 51208-51210]
[FR Doc No: 2014-20338]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72890; File No. SR-NYSEMKT-2014-69]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Amending Rule 86--
Equities To Extend the Hours for the Core Bond Trading Session for NYSE
MKT Bonds

August 21, 2014.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on August 13, 2014, NYSE MKT LLC (the ``Exchange'' or ``NYSE
MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 86--Equities to extend the
hours for the Core Bond Trading Session for NYSE MKT Bonds. The text of
the proposed rule change is available on the Exchange's Web site at
www.nyse.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 self-regulatory organization
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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend Rule 86--Equities (``Rule 86'') to
extend the hours for the Core Bond Trading Session for NYSE MKT
Bonds.\4\
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    \4\ Terms not defined herein shall have the meaning prescribed
under Rule 86.
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    NYSE MKT Bonds is the Exchange's electronic system for receiving,
processing, executing and reporting bids, offers and executions in
bonds. Rule 86 prescribes how bonds are traded through the NYSE MKT
Bonds trading platform, including the receipt, execution and reporting
of bond transactions. NYSE MKT Bonds has three Bond Trading Sessions,
(1) the Opening Bond Trading Session, (2) the Core Bond Trading
Session, and (3) the Late Bond Trading Session. The Opening Bond
Trading Session currently commences at 4:00 a.m. Eastern Time (``ET'')
and concludes at 9:30 a.m. ET. The Core Bond Trading Session currently
commences at 9:30 a.m. ET and concludes at 4:00 p.m. ET. The Late Bond
Trading Session currently commences at 4:00 p.m. ET and concludes at
8:00 p.m. ET.
    The Exchange proposes to extend the hours of the Core Bond Trading
Session so that it would commence at 8:00 a.m. ET and end at 5:00 p.m.
ET, adding a total of 2.5 hours to the Core Bond Trading Session and
better aligning its hours with those of other bond trading venues. The
Exchange proposes to amend the references to the various time periods
throughout Rule 86 to effect this change, including, for example, that
the Core Bond Auction would commence at 8:00 a.m. ET instead of the
current 9:30 a.m. ET. Similarly, the Exchange proposes to amend the
hours of the Opening Bond Trading Session and the Late Bond Trading
Session to reflect this change. The Opening Bond Trading Session would
conclude at 8:00 a.m. E.T. instead of the current 9:30 a.m. E.T., and
the Late Bond Trading Session would commence at 5:00 p.m. E.T. instead
of the current 4:00p.m. E.T. The Exchange notes, for example, that the
proposed extended Core Bond Trading Session would also result in the
ability for an ``NYSE MKT Bonds Good `Til Cancelled Order'' or an
``NYSE MKT Bonds Day Order'' to remain in effect for a longer period of
time. The Exchange would announce the date on which the expanded Core
Bond Trading Session hours would take effect via Trader Update.
    The proposed change is not otherwise intended to address any other
issues, and the Exchange is not aware of any problems Users would have
in complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\5\ in general, and furthers the
objectives of Sections 6(b)(5) of the Act,\6\ in particular, because it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to, and
perfect the mechanisms of, a free and open market and a national market
system and, in general, to protect investors and the public interest
and because it is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed change would foster
cooperation and coordination with persons engaged in bond transactions
by more closely aligning the hours of the Core Bond Trading Session
with the hours of other marketplaces on which bonds trade (e.g.,
various alternative trading systems). The proposed change would also
remove impediments to, and perfect the mechanisms of, a free and open
market and a national market system by permitting Users to be active in
the Core Bond Trading Session for 2.5 additional hours each day.
Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\7\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, the Exchange believes that the proposed
change would contribute to competition because it could lead to
additional bond transactions on NYSE MKT Bonds, a public market, which
would contribute to greater transparency regarding such transactions.
The Exchange also believes that the proposed change would place NYSE
MKT Bonds in a more competitive position compared to other marketplaces
for bond transactions with respect to the time period during which
bonds are traded.
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    \7\ 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
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 prior to
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 and Rule 19b-
4(f)(6)(iii) thereunder.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \10\ normally
does not become operative prior to 30 days after the date of the
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 Exchange notes that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest.
The Exchange believes that waiver will permit the Exchange to
immediately change its Core Trading Hours to harmonize with effective
rule changes on the NYSE bonds market, which operates on the same
technology platform. The Commission hereby waives the 30-day operative
delay and designates the proposal operative upon filing.\12\
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    \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 considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B) \13\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \13\ 15 U.S.C. 78s(b)(2)(B).
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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_ADDRESS>Please include
File Number SR-NYSEMKT-2014-69 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-NYSEMKT-2014-69. 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; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEMKT-2014-69, and should
be submitted on or before September 17, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-20338 Filed 8-26-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 189 (Monday, October 4, 2021)]
[Rules and Regulations]
[Pages 54611-54615]
[FR Doc No: 2021-20099]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1915

Incorporation by Reference; Notice of Corrections

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Final rule; correcting amendments.

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SUMMARY: OSHA is making minor corrections to the Incorporation by
Reference (IBR) section for Maritime due to inadvertent mistakes in
three final rules: Updating OSHA Standards Based on National Consensus
Standards, Personal Protective Equipment; Updating OSHA Standards Based
on National Consensus Standards, Eye and Face Protection; and Standards
Improvement Project-Phase IV. The notice also updates contact
information for a government agency and consensus organizations in the
Incorporation by Reference section and adjusts the codification to meet
Office of the Federal Register requirements.

DATES: Effective October 4, 2021.

FOR FURTHER INFORMATION CONTACT:
    Press inquiries: Frank Meilinger, Director, OSHA Office of
Communications; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    General and technical information: Amy Wangdahl, Director, Office
of Maritime and Agriculture, OSHA Directorate of Standards and
Guidance; telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Summary and Explanation

    OSHA published three final rules containing inadvertent errors in
the Incorporation by Reference section for Maritime, Sec.  1915.5. The
final rules were Updating OSHA Standards Based on National Consensus
Standards, Personal Protective Equipment, published September 9, 2009
(74 FR 46350); Updating OSHA Standards Based on National Consensus
Standards, Eye and Face Protection, published March 25, 2016 (81 FR
16085); and Standards Improvement Project-Phase IV, published May 14,
2019 (84 FR 21416). The agency is submitting this document to correct
errors in these three final rules that included numerical and
typographical errors, as well as move paragraph Sec.  1915.5 (c) to
paragraph (b)(3), so that all incorporation by reference (IBR) approval
and contact language is contained in one paragraph (see 1 CFR part 51
and the Office of the Federal Register's (OFR's) IBR Handbook). In
addition, this document updates the contact information for the
National Archives and Records Administration (NARA) in former Sec.
1915.5(c), National Safety Council in Sec.  1915.5(d)(4) and (5), IHS
Standards Store in Sec.  1915.5(d)(6)(ii), (7)(ii) and (8)(ii),
TechStreet Store in Sec.  1915.5(d)(6)(iii), (7)(iii) and (8)(iii),
International Safety Equipment Association (ISEA) in Sec.  1915.5(d)(9)
to (11), and American Society of Mechanical Engineers (ASME) in Sec.
1915.5(e), American Conference of Governmental Industrial Hygienists
(ACGIH) in Sec.  1915.5(f), National Fire Protection Association (NFPA)
in former Sec.  1915.5(f)(1)(i), and ASTM International in Sec.
1915.5(g). Paragraphs Sec.  1915.5 (d)(7) and (d)(8) incorrectly cross-
referenced part 1910 instead of part 1915. All of paragraph (f)(1)(i)
was out of sequence and renumbered as paragraph (i). Table 1 summarizes
the errors, omission, and updates by paragraph for Sec.  1915.5.
Additional revisions to meet Office of the Federal Register
requirements, such as the removal of full paragraph citations for
outlying sections, are included in the revision and republishing of
Sec.  1915.5.

                                          Table 1--Summary of Revisions
----------------------------------------------------------------------------------------------------------------
          Current language                     Corrected language                        Explanation
----------------------------------------------------------------------------------------------------------------
1915.5(b)(3)--Currently paragraph     1915.5(b)(3) Copies of standards      Paragraph (c), which contains
 (c) Copies of standards listed in     listed in this section and issued     availability and contact
 this section and issued by private    by private standards organizations    information for OSHA, is
 standards organizations are           are available for purchase from the   redesignated paragraph (b)(3), so
 available for purchase from the       issuing organizations at the          that all required approval and
 issuing organizations at the          addresses or through the other        availability language is in a
 addresses or through the other        contact information listed            single paragraph, following OFR's
 contact information listed below      elsewhere in this section for these   IBR requirements. Update contact
 for these private standards           private standards organizations. In   information for the NARA IBR.
 organizations. In addition, the       addition, the standards are
 standards are available for           available for inspection at any
 inspection at any Regional Office     Regional Office of the Occupational
 of the Occupational Safety and        Safety and Health Administration
 Health Administration (OSHA), or at   (OSHA), or at the OSHA Docket
 the OSHA Docket Office, U.S.          Office, U.S. Department of Labor,
 Department of Labor, 200              200 Constitution Avenue NW, Room N-
 Constitution Avenue NW, Room N-       3508, Washington, DC 20210;
 3508, Washington, DC 20210;           telephone:<PHONE_NUMBER> (TTY
 telephone:<PHONE_NUMBER> (TTY          number:<PHONE_NUMBER>). These
 number:<PHONE_NUMBER>). These          standards are also available for
 standards are also available for      inspection at the National Archives
 inspection at the National Archives   and Records Administration (NARA).
 and Records Administration (NARA).    For information on the availability
 For information on the availability   of these standards at NARA, email
 of these standards at NARA<EMAIL_ADDRESS>or go to
 telephone:<PHONE_NUMBER>, or go to     www.archives.gov/federal-register/
 www.archives.gov/federalregister/cfr/ibr-locations.html.
 cfr/ibr-locations.html.

1915.5(d)(4) ANSI Z41-1999, American  1915.5(d)(4) ANSI Z41-1999, American  Remove full paragraph citations for
 National Standard for Personal        National Standard for Personal        outlying sections. Update contact
 Protection-Protective Footwear; IBR   Protection--Protective Footwear;      information for the National Safety
 approved for Sec.                     IBR approved for Sec.                 Council.
 1915.156(b)(1)(ii). Copies of ANSI    1915.156(b). Copies of ANSI Z41-
 Z41-1999 are available for purchase   1999 are available for purchase
 only from the National Safety         only from the National Safety
 Council, P.O. Box 558, Itasca, IL     Council, 1121 Spring Lake Drive,
 60143-0558; telephone: 1-800-621-     Itasca, IL 60143-3201; telephone:
 7619; fax:<PHONE_NUMBER>; website:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
 http://www.nsc.org.                   website: www.nsc.org.
1915.5(d)(5) ANSI Z41-1991, American  1915.5(d)(5) ANSI Z41-1991, American  Remove full paragraph citations for
 National Standard for Personal        National Standard for Personal        outlying sections. Update contact
 Protection-Protective Footwear; IBR   Protection--Protective Footwear;      information for the National Safety
 approved for Sec.                     IBR approved for Sec.                 Council.
 1915.156(b)(1)(iii). Copies of ANSI   1915.156(b). Copies of ANSI Z41-
 Z41-1991 are available for purchase   1991 are available for purchase
 only from the National Safety         only from the National Safety
 Council, P.O. Box 558, Itasca, IL     Council, 1121 Spring Lake Drive,
 60143-0558; telephone: 1-800-621-     Itasca, IL 60143-3201; telephone:
 7619; fax:<PHONE_NUMBER>; website:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
 http://www.nsc.org.                   website: www.nsc.org.
1915.5(d)(6)(ii), (7)(ii), and        1915.5(d)(6)(ii), (7)(ii), and        Update contact information for the
 (8)(ii) IHS Standards Store, 15       (8)(ii) IHS Standards Store, 15       IHS Standards Store.
 Inverness Way East, Englewood, CO     Inverness Way East, Englewood, CO
 80112; telephone:<PHONE_NUMBER>;     80112; telephone:<PHONE_NUMBER>;
 website: http://global.ihs.com; or    website: https://global.ihs.com; or
1915.5(d)(6)(iii), (7)(iii), and      1915.5(d)(6)(iii), (7)(iii), and      Update contact information for the
 (8)(iii) TechStreet Store, 3916       (8)(iii) TechStreet Store, 3025       TechStreet Store.
 Ranchero Dr., Ann Arbor, MI 48108;    Boardwalk Drive, Suite 220, Ann
 telephone:<PHONE_NUMBER>; website:   Arbor, MI 48108; telephone: (855)
 http://techstreet.com.                999-9870; website:
                                       www.techstreet.com.
1915.5(d)(7) ANSI Z87.1-2003,         1915.5(d)(7) ANSI Z87.1-2003,         The 2016 revision (81 FR 16085,
 Occupational and Educational          Occupational and Educational          March 25, 2016) incorrectly changed
 Personal Eye and Face Protection      Personal Eye and Face Protection      this cross-reference from part 1915
 Devices, approved June 19, 2003;      Devices, approved June 19, 2003;      to part 1910.
 IBR approved for Sec.                 IBR approved for Sec.
 1910.153(b). * * *                    1915.153(b). * * *
1915.5(d)(8) ANSI Z87.1-1989 (R-      1915.5(d)(8) ANSI Z87.1-1989 (R-      The 2016 revision (81 FR 16085,
 1998), Practice for Occupational      1998), Practice for Occupational      March 25, 2016) incorrectly changed
 and Educational Eye and Face          and Educational Eye and Face          this cross-reference from part 1915
 Protection, Reaffirmation approved    Protection, Reaffirmation approved    to part 1910.
 January 4, 1999; IBR approved for     January 4, 1999; IBR approved for
 Sec.   1910.153(b). * * *             Sec.   1915.153(b). * * *
1915.5(d)(9) American National        1915.5(d)(9) American National        Remove full paragraph citations for
 Standards Institute (ANSI) Z89.1-     Standards Institute (ANSI) Z89.1-     outlying sections. Update mailing
 2009, American National Standard      2009, American National Standard      address for the International
 for Industrial Head Protection,       for Industrial Head Protection,       Safety Equipment Association.
 approved January 26, 2009; IBR        approved January 26, 2009; IBR
 approved for Sec.                     approved for Sec.   1915.155(b).
 1915.155(b)(1)(i). Copies of ANSI     Copies of ANSI Z89.1-2009 are
 Z89.1-2009 are available for          available for purchase only from
 purchase only from the                the International Safety Equipment
 International Safety Equipment        Association, 1101 Wilson Boulevard,
 Association, 1901 North Moore         Suite 1425, Arlington, VA 22209-
 Street, Arlington, VA 22209-1762;     1762; telephone:<PHONE_NUMBER>; fax:
 telephone:<PHONE_NUMBER>; fax: 703-<PHONE_NUMBER>; website:
 528-2148; website:                    www.safetyequipment.org.
 www.safetyequipment.org.
1915.5(d)(10) American National       1915.5(d)(10) American National       Remove full paragraph citations for
 Standards Institute (ANSI) Z89.1-     Standards Institute (ANSI) Z89.1-     outlying sections. Update mailing
 2003, American National Standard      2003, American National Standard      address for the International
 for Industrial Head Protection; IBR   for Industrial Head Protection; IBR   Safety Equipment Association.
 approved for Sec.                     approved for Sec.   1915.155(b).
 1915.155(b)(1)(ii). Copies of ANSI    Copies of ANSI Z89.1-2003 are
 Z89.1-2003 are available for          available for purchase only from
 purchase only from the                the International Safety Equipment
 International Safety Equipment        Association, 1101 Wilson Boulevard,
 Association, 1901 North Moore         Suite 1425, Arlington, VA 22209-
 Street, Arlington, VA 22209-1762;     1762; telephone:<PHONE_NUMBER>; fax:
 telephone:<PHONE_NUMBER>; fax: 703-<PHONE_NUMBER>; website:
 528-2148; website:                    www.safetyequipment.org.
 www.safetyequipment.org.
1915.5(d)(11) American National       1915.5(d)(11) American National       Remove full paragraph citations for
 Standards Institute (ANSI) Z89.1-     Standards Institute (ANSI) Z89.1-     outlying sections. Update mailing
 1997, American National Standard      1997, American National Standard      address for the International
 for Personnel Protection--            for Personnel Protection--            Safety Equipment Association.
 Protective Headwear for Industrial    Protective Headwear for Industrial
 Workers--Requirements; IBR approved   Workers--Requirements; IBR approved
 for Sec.   1915.155(b)(1)(iii).       for Sec.   1915.155(b). Copies of
 Copies of ANSI Z89.1-1997 are         ANSI Z89.1-1997 are available for
 available for purchase only from      purchase only from the
 the International Safety Equipment    International Safety Equipment
 Association, 1901 North Moore         Association, 1101 Wilson Boulevard,
 Street, Arlington, VA 22209-1762;     Suite 1425, Arlington, VA 22209-
 telephone:<PHONE_NUMBER>; fax: 703-    1762; telephone:<PHONE_NUMBER>; fax:
 528-2148; website:<PHONE_NUMBER>; website:
 www.safetyequipment.org.              www.safetyequipment.org.

1915.5(e) The following material is   1915.5(e) American Society of         Update contact information for ASME.
 available for purchase from the       Mechanical Engineers (ASME), Two
 American Society of Mechanical        Park Avenue, New York, New York
 Engineers, 345 East 47th Street,      10016; telephone:<PHONE_NUMBER>;
 New York, New York 10017:             email<EMAIL_ADDRESS>                                       website: https://www.asme.org/codes-standards: standards:
1915.5(f) The following material is   1915.5(f) American Conference of      Update contact information for
 available for purchase from the       Governmental Industrial Hygienists    ACGIH.
 American Conference of Governmental   (ACGIH), 3640 Park 42 Drive,
 Industrial Hygienists (ACGIH), 1014   Cincinnati, OH 45241; telephone:
 Broadway, Cincinnati, OH 45202:<PHONE_NUMBER>; website: https://www.acgih.org/publications/:
1915.5(f)(1)(i) The following         1915.5(i) National Fire Protection    All of paragraph (i) is out of
 material is available for purchase    Association, 1 Batterymarch Park,     sequence following the publication
 from the National Fire Protection     P.O. Box 9101, Quincy, MA 02269-      of 84 FR 21416, May 14, 2019.
 Association, 1 Batterymarch Park,     9101; telephone:<PHONE_NUMBER>;      Update the contact information for
 P.O. Box 9101, Quincy, MA 02269-      email<EMAIL_ADDRESS>website:      NFPA.
 9101:                                 https://www.nfpa.org/Codes-and-Standards: Standards:
1915.5(g) Copies of the standards     1915.5(g) Copies of the standards     The email address in paragraph (g)
 listed in this paragraph (g) are      listed in this paragraph (g) are      was published incorrectly in 74 FR
 available for purchase from ASTM      available for purchase from ASTM      46350, Sept. 9, 2009. Update the
 International, 100 Barr Harbor        International, 100 Barr Harbor        telephone number for ASTM
 Drive, P.O. Box C700, West            Drive, P.O. Box C700, West            International.
 Conshohocken, PA 19428-2959;          Conshohocken, PA 19428-2959;
 telephone:<PHONE_NUMBER>; fax: 610-    telephone:<PHONE_NUMBER>; fax: 610-
 832-9555; e-mail: seviceastm.org;     832-9555; email<EMAIL_ADDRESS> website: http://www.astm.org:         website: www.astm.org:
----------------------------------------------------------------------------------------------------------------

II. Exemption From Notice-and-Comment Procedures

    OSHA has determined that these corrections are not subject to the
procedures for public notice and comment specified in the
Administrative Procedures Act (5 U.S.C. 553), and Section 6(b) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)). This
rulemaking only corrects minor errors and makes non-substantive
codification changes. No stakeholder is likely to object to these
corrections. Therefore, the agency finds good cause that public notice
and comment are unnecessary within the meaning of 5 U.S.C.
553(b)(3)(B), 29 U.S.C. 655(b), and 29 CFR 1911.5.

List of Subjects for 29 CFR Part 1915

    Incorporation by reference.

Authority and Signature

    James S. Frederick, Acting Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Avenue NW, Washington, DC 20210, authorized the
preparation of this notice pursuant to Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, and
657); Secretary of Labor's Order 8-2020 (85 FR 58393 (Sept. 18, 2020));
29 CFR part 1911; and 5 U.S.C. 553.

    Signed at Washington, DC, on September 13, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.

Amendment to Standard [corrected]

    For the reasons set forth above, 29 CFR part 1915 is amended as
follows:

PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD
EMPLOYMENT

0
1. The authority citation for part 1915 continues to read as follows:

    Authority:  33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754); 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), or 1-2012 (77 FR 3912); 29 CFR part 1911; and 5 U.S.C. 553,
as applicable.

0
2. Revise and republish Sec.  1915.5 to read as follows:

Sec.  1915.5   Incorporation by reference.

    (a) Specifications, standards, and codes of agencies of the U.S.
Government, to the extent specified in the text, form a part of the
regulations of this part. In addition, under the authority vested in
the Secretary under the Act, the specifications, standards, and codes
of organizations which are not agencies of the U.S. Government, in
effect on the date of the promulgation of the regulations of this part
as listed below, to the extent specified in the text, form a part of
the regulations of this part.
    (b)(1) The standards listed in this section are incorporated by
reference into this part with the approval of the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, OSHA
must publish a document in the Federal Register and the material must
be available to the public.
    (2) Any changes in the standards incorporated by reference in this
part and an official historic file of such changes are available for
inspection in the Docket Office at the national office of the
Occupational Safety and Health Administration, U.S. Department of
Labor, Washington, DC 20210; telephone:<PHONE_NUMBER> (TTY number: 877-
889-5627).
    (3) Copies of standards listed in this section and issued by
private standards organizations are available for purchase from the
issuing organizations at the addresses or through the other contact
information listed elsewhere in this section for these private
standards organizations. In addition, the standards are available for
inspection at any Regional Office of the Occupational Safety and Health
Administration (OSHA), or at the OSHA Docket Office, U.S. Department of
Labor, 200 Constitution Avenue NW, Room N-3508, Washington, DC 20210;
telephone:<PHONE_NUMBER> (TTY number:<PHONE_NUMBER>). These standards are
also available for inspection at the National Archives and Records
Administration (NARA). For information on the availability of these
standards at NARA,

email<EMAIL_ADDRESS>or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) [Reserved]
    (d) American National Standards Institute (ANSI), 25 West 43rd
Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>; fax:
212-398-0023; website: www.ansi.org://
    (1) ANSI A14.1-1975 Safety Requirements for Portable Wood Ladders,
IBR approved for Sec.  1915.72(a).
    (2) ANSI A14.2-1972 Safety Requirements for Portable Metal Ladders,
IBR approved for Sec.  1915.72(a).
    (3) ANSI B7.1-1964 Safety Code for the Use, Care, and Protection of
Abrasive Wheels, IBR approval for Sec.  1915.134(c).
    (4) ANSI Z41-1999, American National Standard for Personal
Protection--Protective Footwear; IBR approved for Sec.  1915.156(b).
Copies of ANSI Z41-1999 are available for purchase only from the
National Safety Council, 1121 Spring Lake Drive, Itasca, IL 60143-3201;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; website: www.nsc.org.
    (5) ANSI Z41-1991, American National Standard for Personal
Protection--Protective Footwear; IBR approved for Sec.  1915.156(b).
Copies of ANSI Z41-1991 are available for purchase only from the
National Safety Council, 1121 Spring Lake Drive, Itasca, IL 60143-3201;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; website: www.nsc.org.
    (6) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye
and Face Protection Devices, approved April 13, 2010; IBR approved for
Sec.  1915.153(b). Copies are available for purchase from:
    (i) ANSI Webstore, 25 W 43rd Street, 4th Floor, New York, NY 10036;
telephone:<PHONE_NUMBER>; website: https://webstore.ansi.org;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; website: https://global.ihs.com; or
    (iii) TechStreet Store, 3025 Boardwalk Drive, Suite 220, Ann Arbor,
MI 48108; telephone:<PHONE_NUMBER>; website: www.techstreet.com.
    (7) ANSI Z87.1-2003, Occupational and Educational Personal Eye and
Face Protection Devices, approved June 19, 2003; IBR approved for Sec.
1915.153(b). Copies available for purchase from the:
    (i) ANSI Webstore, 25 W 43rd Street, 4th Floor, New York, NY 10036;
telephone:<PHONE_NUMBER>; website: https://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; website: https://global.ihs.com; or
    (iii) TechStreet Store, 3025 Boardwalk Drive, Suite 220, Ann Arbor,
MI 48108; telephone:<PHONE_NUMBER>; website: www.techstreet.com.
    (8) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection, Reaffirmation approved January 4,
1999; IBR approved for Sec.  1915.153(b). Copies are available for
purchase from:
    (i) ANSI Webstore, 25 W 43rd Street, 4th Floor, New York, NY 10036;
telephone:<PHONE_NUMBER>; website: https://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; website: https://global.ihs.com; or
    (iii) TechStreet Store, 3025 Boardwalk Drive, Suite 220, Ann Arbor,
MI 48108; telephone:<PHONE_NUMBER>; website: www.techstreet.com.
    (9) American National Standards Institute (ANSI) Z89.1-2009,
American National Standard for Industrial Head Protection, approved
January 26, 2009; IBR approved for Sec.  1915.155(b). Copies of ANSI
Z89.1-2009 are available for purchase only from the International
Safety Equipment Association, 1101 Wilson Boulevard, Suite 1425,
Arlington, VA 22209-1762; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
website: www.safetyequipment.org.
    (10) American National Standards Institute (ANSI) Z89.1-2003,
American National Standard for Industrial Head Protection; IBR approved
for Sec.  1915.155(b). Copies of ANSI Z89.1-2003 are available for
purchase only from the International Safety Equipment Association, 1101
Wilson Boulevard, Suite 1425, Arlington, VA 22209-1762; telephone: 703-
525-1695; fax:<PHONE_NUMBER>; website: www.safetyequipment.org.
    (11) American National Standards Institute (ANSI) Z89.1-1997,
American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements; IBR approved for Sec.
1915.155(b). Copies of ANSI Z89.1-1997 are available for purchase only
from the International Safety Equipment Association, 1101 Wilson
Boulevard, Suite 1425, Arlington, VA 22209-1762; telephone: 703-525-
1695; fax:<PHONE_NUMBER>; website: www.safetyequipment.org.
    (12) ANSI/IESNA RP-7-01, Recommended Practice for Lighting
Industrial Facilities, ANSI approved July 26, 2001, IBR approved for
Sec.  1915.82(a).
    (13) ANSI/ISEA Z308.1-2009, Revision of ANSI Z308.1-2003, Minimum
Requirements for Workplace First Aid Kits and Supplies, ANSI approved
May 8, 2009, IBR approved for Sec.  1915.87 Appendix A.

    Note 1 to paragraph (d):  Unless otherwise indicated, all
standards in this paragraph (d) are available from ANSI.

    (e) American Society of Mechanical Engineers (ASME), Two Park
Avenue, New York, New York 10016; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>website: https://www.asme.org/codes-standards:
    (1) ASME Boiler and Pressure Vessel Code, Section VIII, Rules for
Construction of Unfired Pressure Vessels, 1963, IBR approved for Sec.
1915.172(a).
    (2) [Reserved]
    (f) American Conference of Governmental Industrial Hygienists
(ACGIH), 3640 Park 42 Drive, Cincinnati, OH 45241; telephone: (513)
742-2020; website: https://www.acgih.org/publications/:
    (1) Threshold limit values, 1970, IBR approved for Sec. Sec.
1915.12(b) and 1915.1000, table Z.
    (2) [Reserved]
    (g) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959; telephone:<PHONE_NUMBER>; fax: 610-832-
9555; email<EMAIL_ADDRESS>website: www.astm.org:
    (1) ASTM F-2412-2005, Standard Test Methods for Foot Protection;
IBR approved for Sec.  1915.156(b).
    (2) ASTM F-2413-2005, Standard Specification for Performance
Requirements for Protective Footwear; IBR approved for Sec.
1915.156(b).
    (h) International Labour Organization (ILO), 4 route des Morillons,
CH-1211 Gen[egrave]ve 22, Switzerland; telephone: +41 (0) 22 799 6111;
fax: +41 (0) 22 798 8685; website: www.ilo.org/.
    (1) Guidelines for the Use of the ILO International Classification
of Radiographs of Pneumoconioses, Revised Edition 2011, Occupational
safety and health series; 22 (Rev. 2011), IBR approved for Sec.
1915.1001.
    (2) [Reserved]
    (i) National Fire Protection Association (NFPA), 1 Batterymarch
Park, P.O. Box 9101, Quincy, MA 02269-9101; telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>website: https://www.nfpa.org/Codes-and-Standards:
    (1) NFPA 1981-2002 Standard on Open-Circuit Self-Contained
Breathing Apparatus for Fire and Emergency Services, IBR approved for
1915.505(e).
    (2) NFPA 1971-2000, Standard on Protective Ensemble for Structural
Fire Fighting, IBR approved for Sec.  1915.505(e).
    (3) NFPA 1976-2000, Standard on Protective Ensemble for Proximity
Fire

Fighting, IBR approved for Sec.  1915.505(e).
    (4) NFPA 1982-1998, Standard on Personal Alert Safety Systems
(PASS), IBR approved for Sec.  1915.505(e).
    (5) NFPA 1983-2001, Standard on Fire Service Life Safety Rope and
System Components, IBR approved for Sec.  1915.505(e).
    (6) NFPA 10-2002 Standard for Portable Fire Extinguishers, IBR
approved for Sec.  1915.507(b).
    (7) NFPA 14-2003 Standard for the Installation of Standpipe and
Hose Systems, IBR approved for Sec. Sec.  1915.507(b) and (d).
    (8) NFPA 72-2002 National Fire Alarm Code, IBR approved for Sec.
1915.507(c).
    (9) NFPA 13-2002 Standard for the Installation of Sprinkler
Systems, IBR approved for Sec.  1915.507(d).
    (10) NFPA 750-2003 Standard on Water Mist Fire Protection Systems,
IBR approved for Sec.  1915.507(d).
    (11) NFPA 25-2002, Inspection, Testing, and Maintenance of Water-
Based Fire Protection Systems, IBR approved for Sec.  1915.507(d).
    (12) NFPA 15-2001, Standard for Water Spray Fixed Systems for Fire
Protection, IBR approved for Sec.  1915.507(d).
    (13) NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion
Foam, IBR approved for Sec.  1915.507(d).
    (14) NFPA 17-2002, Standard for Dry Chemical Extinguishing Systems,
IBR approved for Sec.  1915.507(d).
    (15) NFPA 12-2005, Standard on Carbon Dioxide Extinguishing
Systems, IBR approved for Sec.  1915.507(d).
    (16) NFPA 12A-2004, Standard on Halon 1301 Fire Extinguishing
Systems, IBR approved for Sec.  1915.507(d).
    (17) NFPA 2001-2004, Standard on Clean Agent Fire Extinguishing
Systems, IBR approved for Sec.  1915.507(d).
    (18) NFPA 1403-2002, Standard on Live Fire Training Evolutions, IBR
approved for Sec.  1915.508(d).

[FR Doc. 2021-20099 Filed 10-1-21; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: August 2, 2007 (Volume 72, Number 148)]
[Proposed Rules]
[Page 42349-42354]
[DOCID:fr02au07-28]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0251-200719; FRL-8449-3]

Approval of Implementation Plans of Georgia: Clean Air Interstate
Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve a revision to the Georgia State
Implementation Plan (SIP) submitted on March 28, 2007. This revision
addresses the requirements of EPA's Clean Air Interstate Rule (CAIR),
promulgated on May 12, 2005, and subsequently revised on April 28,
2006, and December 13, 2006. EPA is proposing to determine that the SIP
revision fully implements the CAIR requirements for Georgia. Therefore,
as a consequence of the SIP approval, EPA will also withdraw the CAIR
Federal Implementation Plans (CAIR FIPs) concerning sulfur dioxide
(SO2) and nitrogen oxides (NOX) annual emissions
for Georgia. The CAIR FIPs for all States in the CAIR region were
promulgated on April 28, 2006, and subsequently revised on December 13,
2006.
    CAIR requires States to reduce emissions of SO2 and
NOX that significantly contribute to nonattainment of, and
interfere with maintenance of, the national ambient air quality
standards (NAAQS) for fine particulates and/or ozone in any downwind
state. CAIR establishes State budgets for SO2 and
NOX and requires States to submit SIP revisions that
implement these budgets in States that EPA concluded did contribute to
nonattainment in downwind states. States have the flexibility to choose
which control measures to adopt to achieve the budgets, including
participating in the EPA-administered cap-and-trade programs. In the
SIP revision that EPA is proposing to approve, Georgia would meet CAIR
requirements by participating in the EPA-administered cap-and-trade
programs addressing SO2 and NOX annual emissions.

DATES: Comments must be received on or before September 4, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2007-0251, by one of the following methods:
    1. http://www.regulations.gov: Follow the online instructions for

submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2007-0251,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Stacy Harder, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2007-0251.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal

information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit through http://www.regulations.gov
 or e-mail, information that you consider to be CBI

or otherwise protected. The http://www.regulations.gov website is an

``anonymous access'' system, which means EPA will not know your
identity or contact information, unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact

you for clarification, EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters and any
form of encryption and should be free of any defects or viruses. For
additional information about EPA's public docket visit the EPA Docket
Center homepage at http://www.epa.gov/epahome/dockets.htm.

    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov
 or in hard copy at the Regulatory Development

Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning this
proposal, please contact Ms. Stacy Harder, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9042. Ms. Harder can also be reached via electronic mail at
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Actions Is EPA Proposing To Take?
II. What Is the Regulatory History of CAIR and the CAIR FIPs?
III. What Are the General Requirements of CAIR and the CAIR FIPs?
IV. What Are the Types of CAIR SIP Submittals?
V. Analysis of Georgia's CAIR SIP Submittal
    A. State Budgets for Allowance Allocations
    B. CAIR Cap-and-Trade Programs
    C. Applicability Provisions for Non-EGU NOX SIP Call
Sources
    D. NOX Allowance Allocations
    E. Allocation of NOX Allowances From Compliance
Supplement Pool
    F. Individual Opt-In Units
VI. Proposed Actions
VII. Statutory and Executive Order Reviews

I. What Action Is EPA Proposing to Take?

    EPA is proposing to approve a revision to Georgia's SIP, submitted
on March 28, 2007. In its SIP revision, Georgia would meet CAIR
requirements by requiring certain electric generating units (EGUs) to
participate in the EPA-administered State CAIR cap-and-trade programs
addressing SO2 and NOX annual emissions. EPA is
proposing to determine that the SIP, as revised, will meet the
applicable requirements of CAIR. Any final action approving the SIP
will be taken by the Regional Administrator for Region 4. As a
consequence of the SIP approval, the Administrator of EPA will also
issue a final rule to withdraw the FIPs concerning SO2 and
NOX annual emissions for Georgia. This action will delete
and reserve 40 CFR 52.584 and 40 CFR 52.585. The withdrawal of the CAIR
FIPs for Georgia is a conforming amendment that must be made once the
SIP is approved because EPA's authority to issue the FIPs was premised
on a deficiency in the SIP for Georgia. Once the SIP is fully approved,
EPA no longer has authority for the FIPs. Thus, EPA will not have the
option of maintaining the FIPs following the full SIP approval.
Accordingly, EPA does not intend to offer an opportunity for a public
hearing or an additional opportunity for written public comment on the
withdrawal of the FIPs.

II. What Is the Regulatory History of the CAIR and the CAIR FIPs?

    CAIR was published by EPA on May 12, 2005 (70 FR 25162). In this
rule, EPA determined that 28 States and the District of Columbia
contribute significantly to nonattainment and interfere with
maintenance of the NAAQS for fine particles (PM2.5) and/or
8-hour ozone in downwind States in the eastern part of the country. As
a result, EPA required those upwind States to revise their SIPs to
include control measures that reduce emissions of SO2, which
is a precursor to PM2.5 formation, and/or NOX,
which is a precursor to both ozone and PM2.5 formation. For
jurisdictions that contribute significantly to downwind
PM2.5 nonattainment, CAIR sets annual State-wide emission
reduction requirements (i.e., budgets) for SO2 and annual
State-wide emission reduction requirements for NOX.
Similarly, for jurisdictions that contribute significantly to 8-hour
ozone nonattainment, CAIR sets State-wide emission reduction
requirements for NOX for the ozone season (May 1st to
September 30th). Under CAIR, States may implement these reduction
requirements by participating in the EPA-administered cap-and-trade
programs or by adopting any other control measures.
    CAIR explains to subject States what must be included in SIPs to
address the requirements of section 110(a)(2)(D) of the Clean Air Act
(CAA) with regard to interstate transport with respect to the 8-hour
ozone and PM2.5 NAAQS. EPA made national findings, effective
on May 25, 2005, that the States had failed to submit SIPs meeting the
requirements of section 110(a)(2)(D). The SIPs were due in July 2000,
three years after the promulgation of the 8-hour ozone and
PM2.5 NAAQS. These findings started a two-year clock for EPA
to promulgate a FIP to address the requirements of section
110(a)(2)(D). Under CAA section 110(c)(1), EPA may issue a FIP anytime
after such findings are made and must do so within two years, unless a
SIP revision correcting the deficiency is approved by EPA before the
FIP is promulgated.
    On April 28, 2006, EPA promulgated FIPs for all States covered by
CAIR in order to ensure the emissions reductions required by CAIR are
achieved on schedule. Each CAIR State is subject to the FIPs until the
State fully adopts, and EPA approves, a SIP revision meeting the
requirements of CAIR. The CAIR FIPs require EGUs to participate in the
EPA-administered CAIR SO2, NOX annual, and
NOX ozone season trading programs, as appropriate. The CAIR
FIP SO2, NOX annual, and NOX ozone
season trading programs impose essentially the same requirements as,
and are integrated with, the respective CAIR SIP trading programs. The
integration of the FIP and SIP trading programs means that these
trading programs will work together to create effectively a single
trading program for each regulated pollutant (SO2,
NOX annual, and NOX ozone season) in all States
covered by the CAIR FIP or SIP trading program for that pollutant. The
CAIR FIPs also allow States to submit abbreviated SIP revisions that,
if approved by EPA, will automatically replace or supplement certain
CAIR FIP provisions (e.g., the methodology for allocating
NOX allowances to sources in the State), while the CAIR FIP
remains in place for all other provisions.
    On April 28, 2006, EPA published two additional CAIR-related final
rules that added the States of Delaware and New Jersey to the list of
States subject to CAIR for PM2.5 and announced EPA's final
decisions on reconsideration of five issues, without making any
substantive changes to the CAIR requirements.

III. What are the General Requirements of CAIR and the CAIR FIPs?

    CAIR establishes State-wide emission budgets for SO2 and
NOX and is to be implemented in two phases. The first phase
of NOX reductions starts in 2009 and continues through 2014,
while the first phase of SO2 reductions starts in 2010 and
continues through 2014. The second phase of reductions for both
NOX and SO2 starts in 2015 and continues
thereafter. CAIR requires States to implement the budgets by either:
(1) Requiring EGUs to participate in the EPA-administered cap-and-trade
programs; or (2) adopting other control measures of the State's
choosing and demonstrating that such control measures will result in
compliance with the applicable State SO2 and NOX
budgets.
    The May 12, 2005, and April 28, 2006, CAIR rules provide model
rules that States must adopt (with certain limited changes, if desired)
if they want to participate in the EPA-administered trading programs.
    With two exceptions, only States that choose to meet the
requirements of CAIR through methods that exclusively regulate EGUs are
allowed to participate in the EPA-administered trading programs. One
exception is for States that adopt the opt-in provisions of the model
rules to allow non-EGUs individually to opt into the EPA-administered
trading programs. The other exception is for States that include all
non-EGUs from their NOX SIP Call trading programs in their
CAIR NOX ozone season trading programs.

IV. What are the Types of CAIR SIP Submittals?

    States have the flexibility to choose the type of control measures
they will use to meet the requirements of CAIR. EPA anticipates that
most States will choose to meet the CAIR requirements by selecting an
option that requires EGUs to participate in the EPA-administered CAIR
cap-and-trade programs. For such States, EPA has provided two
approaches for submitting and obtaining approval for CAIR SIP
revisions. States may submit full SIP revisions that adopt the model
CAIR cap-and-trade rules. If approved, these SIP revisions will fully
replace the CAIR FIPs. Alternatively, States may submit abbreviated SIP
revisions. These SIP revisions will not replace the CAIR FIPs; however,
the CAIR FIPs provide that, when approved, the provisions in these
abbreviated SIP revisions will be used instead of or in conjunction
with, as appropriate, the corresponding provisions of the CAIR FIPs
(e.g., the NOX allowance allocation methodology).
    A State submitting a full SIP revision may either adopt regulations
that are substantively identical to the model rules or incorporate by
reference the model rules. CAIR provides that States may only make
limited changes to the model rules, if the States want to participate
in the EPA-administered trading programs. A full SIP revision may
change the model rules only by altering their applicability and
allowance allocation provisions to:
    1. Include NOX SIP Call trading sources that are not
EGUs under CAIR in the CAIR NOX ozone season trading
program;
    2. Provide for State allocation of NOX annual or ozone
season allowances using a methodology chosen by the State;
    3. Provide for State allocation of NOX annual allowances
from the compliance supplement pool (CSP) using the State's choice of
allowed, alternative methodologies; or
    4. Allow units that are not otherwise CAIR units to opt
individually into the CAIR SO2, NOX annual, or
NOX ozone season trading programs under the opt-in
provisions in the model rules.

An approved CAIR full SIP revision addressing EGUs' SO2,
NOX annual, or NOX ozone season emissions will
replace the CAIR FIP for that State for the respective EGU emissions.

V. Analysis of Georgia's CAIR SIP Submittal

A. State Budgets for Allowance Allocations

    The CAIR NOX annual and ozone season budgets were
developed from historical heat input data for EGUs. Using these data,
EPA calculated annual and ozone season regional heat input values,
which were multiplied by 0.15 pounds per million British thermal units
(0.15lb/mmBtu), for phase 1, and 0.125 lb/mmBtu, for phase 2, to obtain
regional NOX budgets for 2009-2014 and for 2015 and
thereafter, respectively. EPA derived the State NOX annual
and ozone season budgets from the regional budgets using State heat
input data adjusted by fuel factors.
    The CAIR State SO2 budgets were derived by discounting
the tonnage of emissions authorized by annual allowance allocations
under the Acid Rain Program under title IV of the CAA. Under CAIR, each
allowance allocated in the Acid Rain Program for the years in phase 1
of CAIR (2010 through 2014) authorizes 0.5 ton of SO2
emissions in the CAIR trading program, and each Acid Rain Program
allowance allocated for the years in phase 2 of CAIR (2015 and
thereafter) authorizes 0.35 ton of SO2 emissions in the CAIR
trading program.
    In this action, EPA is proposing approval of Georgia's SIP revision
that adopts the budgets established for the State in CAIR, i.e., 66,321
(2009-2014) and 55,268 (2015-thereafter) tons for NOX annual
emissions, and 213,057 (2010-2014) and 149,140 (2015-thereafter) tons
for SO2 emissions. Georgia's SIP revision sets these budgets
as the total amounts of allowances available for allocation for each
year under the EPA-administered cap-and-trade programs.

B. CAIR Cap-and-Trade Programs

    The CAIR NOX annual and ozone-season model trading rules
both largely mirror the structure of the NOX SIP Call model
trading rule in 40 CFR part 96, subparts A through I. While the
provisions of the NOX annual and ozone-season model rules
are similar, there are some differences. For example, the
NOX annual model rule (but not the NOX ozone
season model rule) provides for a CSP, which is discussed below and
under which allowances may be awarded for early reductions of
NOX annual emissions. As a further example, the
NOX ozone season model rule reflects the fact that the CAIR
NOX ozone season trading program replaces the NOX
SIP Call trading program after the 2008 ozone season and is coordinated
with the NOX SIP Call program. The NOX ozone
season model rule provides incentives for early emissions reductions by
allowing banked, pre-2009 NOX SIP Call allowances to be used
for compliance in the CAIR NOX ozone-season trading program.
In addition, States have the option of continuing to meet their
NOX SIP Call requirement by participating in the CAIR
NOX ozone season trading program and including all their
NOX SIP Call trading sources in that program.
    The provisions of the CAIR SO2 model rule are also
similar to the provisions of the NOX annual and ozone season
model rules. However, the SO2 model rule is coordinated with
the ongoing Acid Rain SO2 cap-and-trade program under CAA
title IV. The SO2 model rule uses the title IV allowances
for compliance, with each allowance allocated for 2010-2014 authorizing
only 0.50 ton of emissions and each allowance allocated for 2015 and
thereafter authorizing only 0.35 ton of emissions. Banked title IV
allowances allocated for years before 2010 can be used at any time in
the CAIR SO2 cap-and-trade program, with each such allowance
authorizing one ton of

emissions. Title IV allowances are to be freely transferable among
sources covered by the Acid Rain Program and sources covered by the
CAIR SO2 cap-and-trade program.
    EPA also used the CAIR model trading rules as the basis for the
trading programs in the CAIR FIPs. The CAIR FIP trading rules are
virtually identical to the CAIR model trading rules, with changes made
to account for federal rather than state implementation. The CAIR model
SO2, NOX annual, and NOX ozone season
trading rules and the respective CAIR FIP trading rules are designed to
work together as integrated SO2, NOX annual, and
NOX ozone season trading programs.
    In the SIP revision, Georgia chooses to implement its CAIR budgets
by requiring EGUs to participate in EPA-administered cap-and-trade
programs for SO2 and NOX annual emissions.
Georgia has adopted a full SIP revision that adopts, with certain
allowed changes discussed below, the CAIR model cap-and-trade rules for
SO2, and NOX annual emissions.

C. Applicability Provisions for Non-EGU NOX SIP Call Sources

    In general, the CAIR model trading rules apply to any stationary,
fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion
turbine serving at any time, since the later of November 15, 1990, or
the start-up of the unit's combustion chamber, a generator with
nameplate capacity of more than 25 MWe producing electricity for sale.
    States have the option of bringing in, for the CAIR NOX
ozone season program only, those units in the State's NOX
SIP Call trading program that are not EGUs as defined under CAIR. EPA
advises States exercising this option to add the applicability
provisions in the State's NOX SIP Call trading rule for non-
EGUs to the applicability provisions in 40 CFR 96.304 in order to
include in the CAIR NOX ozone season trading program all
units required to be in the State's NOX SIP Call trading
program that are not already included under 40 CFR 96.304. Under this
option, the CAIR NOX ozone season program must cover all
large industrial boilers and combustion turbines, as well as any small
EGUs (i.e. units serving a generator with a nameplate capacity of 25
MWe or less) that the State currently requires to be in the
NOX SIP Call trading program.
    Because Georgia is not subject to the CAIR NOX ozone
season requirements, Georgia will not participate in the CAIR
NOX ozone season trading program and therefore did not have
an option of expanding the applicability provisions of the CAIR
NOX ozone season trading program to include all non-EGUs in
the State's NOX SIP Call trading program.

D. NOX Allowance Allocations

    Under the NOX allowance allocation methodology in the
CAIR model trading rules and in the CAIR FIP, NOX annual and
ozone season allowances are allocated to units that have operated for
five years, based on heat input data from a three-year period that are
adjusted for fuel type by using fuel factors of 1.0 for coal, 0.6 for
oil, and 0.4 for other fuels. The CAIR model trading rules and the CAIR
FIP also provide a new unit set-aside from which units without five
years of operation are allocated allowances based on the units' prior
year emissions.
    States may establish in their SIP submissions a different
NOX allowance allocation methodology that will be used to
allocate allowances to sources in the States, if certain requirements
are met concerning the timing of submission of units' allocations to
the Administrator for recordation and the total amount of allowances
allocated for each control period. In adopting alternative
NOX allowance allocation methodologies, States have
flexibility with regard to:
    1. The cost to recipients of the allowances, which may be
distributed for free or auctioned;
    2. The frequency of allocations;
    3. The basis for allocating allowances, which may be distributed,
for example, based on historical heat input or electric and thermal
output; and
    4. The use of allowance set-asides and, if used, their size.
    Georgia has chosen to replace the provisions of the CAIR
NOX annual model trading rule concerning the allocation of
NOX annual allowances with its own methodology. Georgia has
chosen to distribute NOX annual allowances based upon
allocation methods for both existing and new units. Georgia defines an
existing unit as one that commences operation prior to January 1, 2006,
rather than 2001 as in EPA's model rule. Georgia defines new sources as
those that have commenced operation on or after January 1, 2006, and do
not yet have a baseline heat input. Under Georgia's cap and trade
program, allowances will be allocated to EGUs in an amount no greater
than the NOX budget established in EPA's model rule.
Allocations are based on the highest annual amount of heat input during
a baseline period, using heat input figures that are fuel-adjusted as
set forth in EPA's model rule. Allowances are initially allocated for
2010 through 2011 and are allocated on a year-by-year basis, about
three years in advance, for 2012 and each subsequent year. The baseline
period for initial allocations is 2001-2005, and will be updated
annually for subsequent allocations. For years 2010 and thereafter, 97
percent of the budget will be allocated to existing sources, with the
remaining three percent allocated to new sources. A new-unit set aside
will be established for each control period, and will be allocated CAIR
NOX allowances equal to 1,990 and 1,658 for control periods
2009-2014, and 2015 and thereafter, respectively.
    However, the new-unit set aside provisions in Georgia's rule
contain certain cross-citation errors and, for example (in Rule 391-3-
1.02(12)(f)(3)(iii)), inadvertently fail to reference the provisions
establishing the size of the new-unit set aside. Further, the allowance
recordation provisions in Georgia's rule contain certain citation
errors and establish deadlines for the EPA Administrator's recordation
of the allowance allocations in the allowance tracking system that are
inconsistent with the allocation schedule established in Georgia's
rule. While the allocation schedule requires allocations to be made
about three years in advance, the recordation schedule (in Rule 391-3-
1-.02(g)(1)(i) and (ii)) does not require allocations to be recorded in
advance at all. Georgia indicated in its response to comments in its
CAIR SIP rulemaking that the State will revise the rule to correct all
of these errors. See Responses to Comments Received During the Public
Comment Period Regarding Proposed Revisions to Air Quality Rules,
Chapter 391-3-1 at C.-10 through C-11 (February 12, 2007). Moreover,
EPA interprets Georgia's existing rule to limit total annual
allocations to new units to the amount of the allowances in the
applicable new-unit set aside and intends to record allowances in a
manner consistent with the allocation schedule.

E. Allocation of NOX Allowances From Compliance Supplement
Pool

    The CAIR rule establishes a CSP to provide an incentive for early
reductions in NOX annual emissions. The CSP consists of
200,000 CAIR NOX annual allowances of vintage 2009 for the
entire CAIR region, and a State's share of the CSP is based upon the
projected magnitude of the emission reductions required by CAIR in that
State. States may distribute CSP allowances, one allowance for each ton
of early reduction, to sources that make NOX reductions
during 2007 or 2008 beyond what is required by any applicable State or
Federal emission limitation. States also may distribute

CSP allowances based upon a demonstration of need for an extension of
the 2009 deadline for implementing emission controls.
    The CAIR annual NOX model trading rule establishes
specific methodologies for allocations of CSP allowances. States may
choose an allowed, alternative CSP allocation methodology to be used to
allocate CSP allowances to sources in the States.
    Georgia has not chosen to modify the provisions of the CAIR
NOX annual model trading rule concerning the allocation of
allowances from the CSP. Georgia has chosen to distribute CSP
allowances using an allocation methodology that is the same as EPA's
model rule. The CSP provides up to 12,397 CAIR NOX annual
allowances to be allocated by the State for 2009.

F. Individual Opt-In Units

    The opt-in provisions of the CAIR SIP model trading rules allow
certain non-EGUs (i.e., boilers, combustion turbines, and other
stationary fossil-fuel-fired devices) that do not meet the
applicability criteria for a CAIR trading program to participate
voluntarily in (i.e., opt into) the CAIR trading program. A non-EGU may
opt into one or more of the CAIR trading programs. In order to qualify
to opt into a CAIR trading program, a unit must vent all emissions
through a stack and be able to meet monitoring, recordkeeping, and
recording requirements of 40 CFR part 75. The owners and operators
seeking to opt a unit into a CAIR trading program must apply for a CAIR
opt-in permit. If the unit is issued a CAIR opt-in permit, the unit
becomes a CAIR unit, is allocated allowances, and must meet the same
allowance-holding and emissions monitoring and reporting requirements
as other units subject to the CAIR trading program. The opt-in
provisions provide for two methodologies for allocating allowances for
opt-in units, one methodology that applies to opt-in units in general
and a second methodology that allocates allowances only to opt-in units
that the owners and operators intend to repower before January 1, 2015.
    States have several options concerning the opt-in provisions.
States may adopt the CAIR opt-in provisions entirely or may adopt them
but exclude one of the methodologies for allocating allowances. States
may also decline to adopt the opt-in provisions at all.
    Georgia has chosen not to allow non-EGUs meeting certain
requirements to opt into the CAIR NOX annual trading
program.
    Georgia has chosen not to allow certain non-EGUs to opt into the
CAIR SO2 trading program.

VI. Proposed Actions

    EPA is proposing to approve Georgia's full CAIR SIP revision
submitted on March 28, 2007. Under this SIP revision, Georgia is
choosing to participate in the EPA-administered cap-and-trade programs
for SO2 and NOX annual emissions. The SIP
revision (interpreted by EPA as discussed above) meets the applicable
requirements in 40 CFR 51.123(o) and (aa), with regard to NOX
annual emissions, and 40 CFR 51.124(o), with regard to SO2
emissions. Further, Georgia has agreed to make the technical
corrections discussed above to clarify the allowance allocation
procedures and make the allowance recordation procedures consistent
with the allocation procedures. Therefore, EPA is proposing to
determine that the SIP, as revised, will meet the requirements of CAIR.
As a consequence of the SIP approval, the Administrator of EPA will
also issue, without providing an opportunity for a public hearing or an
additional opportunity for written public comment, a final rule to
withdraw the CAIR FIPs concerning SO2 and NOX
annual emissions for Georgia. This action will delete and reserve 40
CFR 52.584 and 40 CFR 52.585.

VII. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely proposes to approve State law as meeting Federal requirements
and would impose no additional requirements beyond those imposed by
State law. Accordingly, the Administrator certifies that this proposed
rule would not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.). Because this action proposes to approve pre-existing
requirements under State law and would not impose any additional
enforceable duty beyond that required by State law, it 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).
    This proposal also does not have tribal implications because it
would 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, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This proposed action also
does not have Federalism implications because it would not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This
action merely proposes to approve a State rule implementing a Federal
standard and will result, as a consequence of that approval, in the
Administrator's withdrawal of the CAIR FIP. It does not alter the
relationship or the distribution of power and responsibilities
established in the CAA. This proposed rule also is not subject to
Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it would approve a State rule implementing a Federal Standard.
    In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This proposed rule would not impose
an information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Electric
utilities, Intergovernmental relations, Nitrogen oxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
dioxide.

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

    Dated: July 25, 2007.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
 [FR Doc. E7-15055 Filed 8-1-07; 8:45 am]

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PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request US Environmental Protection Agency 2. OMB control number b. G None a 2060  0411 3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. x Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title: Voluntary Aluminum Industrial Partnership ( VAIP)

8. Agency form number( s) ( If applicable) 1867.02 9. Keywords Aluminum, greenhouse gases, PFCs, voluntary, industrial parternship 10. Abstract: EPA's Voluntary Aluminum Industrial Partnership ( VAIP) was initiated in 1995 and is an important voluntary program contributing to the overall reduction in emissions of greenhouse gases. This program focuses on reducing per fluorocarbon ( PFC) emission from the production of primary aluminum. Eight of the nine U. S. producers of primary aluminum participate in this program. PFCs are very potent greenhouse gases with global warming potentials several thousand times that of carbon dioxide and they persist in the atmosphere for thousands of years. EPA has developed this ICR to renew authorization to collect information from companies in the VAIP. Participants voluntarily agree to the following: designating a VAIP liaison; undertaking technically feasible and cost effective actions to reduce PFC emissions; and reporting to EPA, on an annual basis, the PFC emissions or production parameters use to estimate emissions. The information contained in the annual reports of VAIP members is used by EPA to assess the success of the program in achieving its goals. The information contained in the annual reports may be considered confidential business information and is maintained as such.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. P Voluntary b. G Required to obtain or retain benefits c. G Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 8 b. Total annual responses 8 1. Percentage of these responses collected electronically 50 % c. Total hours requested 584 d. Current OMB inventory 1,866 e. Difference  1,282 f. Explanation of difference 1. Program Change 0 2. Adjustment  1,282 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) $ 0 c. Total annualized cost requested $ 0 d. Current OMB inventory $ 18 e. Difference $ 18 f. Explanation of difference 1. Program change 0 2. Adjustment $ 18 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X")

a. __ Application for benefits e. X Program planning or management b. P Program evaluation f. __ Research c. X General purpose statistics g.__ Regulatory or compliance d. X Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. x Recordkeeping b. Q Third party disclosure c. x Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6. X Annually 7. Q Biannually 8. Q Other ( describe) 17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Jerome Blackman Phone: 202 564 8995 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Kathleen Hogan CPPD's Director Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95


[Federal Register Volume 76, Number 184 (Thursday, September 22, 2011)]
[Proposed Rules]
[Pages 58728-58729]
[FR Doc No: 2011-24345]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0744; Airspace Docket No. 11-ASO-33]

Proposed Establishment of Class E Airspace; Oneonta, AL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E Airspace at Oneonta,
AL, to accommodate new Area Navigation (RNAV) Global Positioning System
(GPS) Standard Instrument Approach Procedures at Robbins Field. This
action would enhance the safety and airspace management of Instrument
Flight Rules (IFR) operations at the airport.

DATES: Comments must be received on or before November 7, 2011.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001;
Telephone: 1-800-647-5527; Fax:<PHONE_NUMBER>. You must identify the
Docket Number FAA-2011-0744; Airspace Docket No. 11-

ASO-33, at the beginning of your comments. You may also submit and
review received comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments, as they may desire.
Comments that provide the factual basis supporting the views and
suggestions presented are particularly helpful in developing reasoned
regulatory decisions on the proposal. Comments are specifically invited
on the overall regulatory, aeronautical, economic, environmental, and
energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2011-0744; Airspace Docket No. 11-ASO-33) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Annotators wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2011-0744; Airspace Docket No. 11-ASO-33.'' The postcard will
be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded from and
comments submitted through http://www.regulations.gov. Recently
published rulemaking documents can also be accessed through the FAA's
web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see the ADDRESSES section for address and phone number) between
9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. An
informal docket may also be examined during normal business hours at
the office of the Eastern Service Center, Federal Aviation
Administration, room 350, 1701 Columbia Avenue, College Park, Georgia
30337.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>, to
request a copy of Advisory circular No. 11-2A, Notice of Proposed
Rulemaking distribution System, which describes the application
procedure.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to establish Class E airspace at Oneonta,
AL, providing the controlled airspace required to support the new RNAV
GPS standard instrument approach procedures for Robbins Field.
Controlled airspace extending upward from 700 feet above the surface
would be established for the safety and management of IFR operations at
the airport.
    Class E airspace designations are published in Paragraph 6005 of
FAA order 7400.9V, dated August 9, 2011, and effective September 15,
2011, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This proposed rulemaking is promulgated under the authority
described in Subtitle VII, Part A, Subpart I, Section 40103. Under that
section, the FAA is charged with prescribing regulations to assign the
use of airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This proposed regulation is within the scope
of that authority as it would establish Class E airspace at Robbins
Field, Oneonta, AL.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR Part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9V, Airspace Designations and
Reporting Points, dated August 9, 2011, effective September 15, 2011,
is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ASO AL E5 Oneonta, AL [New]

Robbins Field, AL
    (Lat. 33[deg]58'16'' N., long. 86[deg]22'49'' W.)

    That airspace extending upward from 700 feet above the surface
within an 8.5- mile radius of Robbins Field Airport.

    Issued in College Park, Georgia, on September 9, 2011.
Mark D. Ward,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2011-24345 Filed 9-21-11; 8:45 am]
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