[Federal Register: July 7, 2009 (Volume 74, Number 128)]
[Notices]
[Page 32177]
[DOCID:fr07jy09-74]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1846-DR; Docket ID FEMA-2008-0018]

Oklahoma; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Oklahoma (FEMA-1846-DR), dated June 19, 2009,
and related determinations.

DATES: Effective Date: June 19, 2009.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated June 19, 2009, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Oklahoma resulting from wildfires during the period of April 9-
12, 2009, is of sufficient severity and magnitude to warrant a major
disaster declaration under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Oklahoma.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance, Hazard Mitigation, and Other Needs Assistance
will be limited to 75 percent of the total eligible costs. If Public
Assistance is later requested and warranted, Federal funds provided
under that program will also be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
to the extent allowable under the Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Kenneth R. Tingman of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Oklahoma have been designated
as adversely affected by this major disaster:

    Carter, Cleveland, Grady, Lincoln, McClain, Murray, Oklahoma,
Payne, and Stephens Counties for Individual Assistance.
    All counties within the State of Oklahoma are eligible to apply
for assistance under the Hazard Mitigation Grant Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. E9-15857 Filed 7-6-09; 8:45 am]

BILLING CODE 9111-23-P


[Federal Register: November 3, 2006 (Volume 71, Number 213)]
[Notices]
[Page 64696]
[DOCID:fr03no06-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP05-164-009]

Equitrans, L.P.; Notice of Compliance Filing

October 26, 2006.
    Take notice that on October 24, 2006, Equitrans, L.P. (Equitrans)
tendered for filing as part of its FERC Gas Tariff, Original Volume No.
1, Twenty-fifth Revised Sheet No. 6, to become effective in accordance
with Equitrans' Commission-approved settlement.
    Equitrans states that the filing is being made in compliance with
the Commission's Order in Docket No. RP05-164-000. (Equitrans, L.P.,
115 FERC ] 61,007 (2006)).
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed in accordance with the provisions of Section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-18522 Filed 11-2-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)]
[Notices]
[Pages 55164-55166]
[FR Doc No: 2018-24035]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2018-0517; FRL-9985-44]

FIFRA Scientific Advisory Panel; Notice of Public Virtual
Meeting; Request for Comments on Prospective Ad hoc Candidates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: There will be a 2-hour preparatory virtual meeting of the
Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory
Panel (FIFRA SAP) on November 14, 2018, to consider and review the
scope and clarity of the draft charge questions for the December 4-7,
2018 FIFRA SAP Meeting on the Evaluation of a Proposed Approach to
Refine Inhalation Risk Assessment for Point of Contact Toxicity: A Case
Study Using a New Approach Methodology (NAM). In addition, EPA is
announcing and inviting comments on the experts currently under
consideration as ad hoc participants in this review.

DATES: The preparatory virtual meeting will be held on November 14,
2018, from approximately 2 p.m. to 4 p.m. (EST). This is an open public
meeting that will be conducted via webcast using Adobe Connect and
telephone. Registration is required to participate during this meeting.
Please visit: http://www.epa.gov/sap to register.
    Comments. Requests to make oral comments during the preparatory

virtual meeting should be submitted on or before November 9, 2018 by
contacting the Designated Federal Official (DFO) listed under FOR
FURTHER INFORMATION CONTACT. Written comments on the experts currently
under consideration as ad hoc participants in this review should be
submitted to the public docket (docket identification (ID) number EPA-
HQ-OPP-2018-0517) on or before November 9, 2018. For additional
instructions, see Unit I.C. of this document.
    Webcast. The preparatory virtual meeting will be conducted by
webcast and telephone only. Please refer to the FIFRA SAP website at
http://www.epa.gov/sap for information on how to register and access
the webcast.
    Special accommodations. For information on access or services for
individuals with disabilities, and to request accommodation of a
disability, please contact the DFO listed under FOR FURTHER INFORMATION
CONTACT at least 10 days prior to the meeting to allow EPA time to
process your request.
    Comments. Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2018-0517, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Dr. Shaunta Hill-Hammond, Designated
Federal Official, Office of Science Coordination and Policy (7201M),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. This action may
be of interest to persons who are or may be required to conduct testing
of chemical substances under the Federal Food, Drug, and Cosmetic Act
(FFDCA) and FIFRA. Since other entities may also be interested, the
Agency has not attempted to describe all the specific entities that may
be affected by this action.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit CBI information to EPA through
regulations.gov or email. If your comments contain any information that
you consider to be CBI or otherwise protected, please contact the DFO
listed under FOR FURTHER INFORMATION CONTACT to obtain special
instructions before submitting your comments.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

C. How may I participate in this meeting?

    You may participate in this meeting by following the instructions
in this unit. To ensure proper receipt by EPA, it is imperative that
you identify docket ID number EPA-HQ-OPP-2018-0517 in the subject line
on the first page of your request.
    1. Written comments. Written comments on the experts currently
under consideration as ad hoc participants in this review should be
submitted, using the instructions in FOR FURTHER INFORMATION CONTACT,
on or before November 9, 2018
    2. Oral comments. Registration is required to participate in the
preparatory virtual meeting. Please visit: http://www.epa.gov.sap to
register. Each individual or group wishing to make brief oral comments
to FIFRA SAP during the virtual meeting should submit their request by
registering with the DFO listed under FOR FURTHER INFORMATION CONTACT
on or before noon November 9, 2018. Oral comments before FIFRA SAP are
limited to approximately 5 minutes due to the time constraints of this
virtual meeting.

II. Background

A. Purpose of FIFRA SAP Preparatory Virtual Meeting

    During the preparatory virtual meeting scheduled for November 14,
2018, the FIFRA SAP will review and consider the draft Charge Questions
for the Panel's December 4-7, 2018 Meeting on Evaluation of a Proposed
Approach to Refine Inhalation Risk Assessment for Point of Contact
Toxicity: A Case Study Using a NAM. The SAP will receive a short
background briefing including the EPA's history and current position on
the methodology being considered. In addition, the panel members will
have the opportunity to comment on the scope and clarity of the draft
charge questions. Subsequent to this virtual meeting, final charge
questions will be provided for the FIFRA SAP's deliberation on the
methodology and supplemental information during the in-person meeting
to be held December 4-7, 2018.

B. FIFRA SAP Background

    FIFRA SAP serves as a primary scientific peer review mechanism of
EPA's Office of Chemical Safety and Pollution Prevention (OCSPP) and is
structured to provide scientific advice, information and
recommendations to the EPA Administrator on pesticides and pesticide-
related issues as to the impact of regulatory actions on health and the
environment. FIFRA SAP is a Federal advisory committee established in
1975 under FIFRA that operates in accordance with requirements of the
Federal Advisory Committee Act (5 U.S.C. Appendix). FIFRA SAP is
composed of a permanent panel consisting of seven members who are
appointed by the EPA Administrator from nominees provided by the
National Institutes of Health and the National Science Foundation. The
FIFRA SAP is assisted in their reviews by ad hoc participation from the
Science Review Board (SRB). As a scientific peer review mechanism,
FIFRA SAP provides comments, evaluations, and recommendations to
improve the effectiveness and quality of analyses made by Agency
scientists. The FIFRA SAP is not required to reach consensus in its
recommendations to the Agency.

C. FIFRA SAP Documents and Meeting Minutes

    EPA's background paper, charge/questions to FIFRA SAP, and related
supporting materials were made available on September 7, 2018. You may
obtain electronic copies of most meeting documents, including the list
of experts currently under consideration as ad hoc participants in this
review, at http://www.regulations.gov and the FIFRA SAP website at
http://www.epa.gov/sap.

    Authority: 7 U.S.C. 136 et. seq.; 21 U.S.C. 301 et seq.

    Dated: October 17, 2018.
Stanley Barone, Jr.,
Acting Director, Office of Science Coordination and Policy.
[FR Doc. 2018-24035 Filed 11-1-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Notices]
[Page 10201]
[FR Doc No: 2015-03872]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of Innovative Software Technologies, Inc., National
Health Partners, Inc., The Laguna Group, Inc. (a/k/a Eco Energy Pumps,
Inc.), and TYIN Group Holdings Limited; Order of Suspension of Trading

February 20, 2015.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Innovative Software Technologies, Inc. because it has not filed any
periodic reports since the period ended March 31, 2010.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
National Health Partners, Inc. because it has not filed any periodic
reports since the period ended September 30, 2012.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
The Laguna Group, Inc. (a/k/a Eco Energy Pumps, Inc.) because it has
not filed any periodic reports since the period ended April 30, 2011.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
TYIN Group Holdings Limited because it has not filed any periodic
reports since the period ended December 31, 2012.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies. Therefore, it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that
trading in the securities of the above-listed companies is suspended
for the period from 9:30 a.m. EST on February 20, 2015, through 11:59
p.m. EST on March 5, 2015.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-03872 Filed 2-24-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Notices]
[Pages 26144-26148]
[FR Doc No: 2018-11988]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2017-0142; Notice No. 2017-11]

Hazardous Materials: Notice of Updated Rail Tank Car Thermal
Protection Systems List

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).

ACTION: Notice and request for comments.

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SUMMARY: The Pipeline and Hazardous Materials Safety Administration
(PHMSA) issues this notice in coordination with the Federal Railroad
Administration (FRA) to notify the public of four systems that have
been added to the thermal protection systems list since its most recent
publication, as well as to solicit comments or updates to information
on the current list. The thermal protection systems included on the
list are compliant and are acceptable for use, without further test
verification, on U.S. Department of Transportation (DOT) specification
tank cars. DOT manages the list through the PHMSA Records Center and
periodically publishes an updated list in the Federal Register for
public awareness.

DATES: Interested persons are invited to submit comments on or before
September 4, 2018.

ADDRESSES: You may submit comments identified by Docket No. PHMSA-2017-
0142 via any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Instructions: All submissions must include the agency name and
docket number for this notice. Internet users may access comments
received by DOT at: http://www.regulations.gov. Please note that
comments received will be posted without change to http://www.regulations.gov including any personal information provided.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public. DOT posts these comments, without edit,
including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT:
    Pipeline and Hazardous Materials Safety Administration: Leonard
Majors, Sciences, Engineering and Research Division (PHH-22), U.S.
Department of Transportation, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE, East Building, 2nd Floor,
Washington, DC 20590-0001, Telephone<PHONE_NUMBER>,
[email protected].
    Federal Railroad Administration: Dr. Phani Raj, Hazardous Materials
Division, Office of Railroad Safety (FRA-RRS-12), U.S. Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Avenue
SE, West Building, 3rd Floor, Washington, DC 20590-0001, Telephone
(202) 493-6306, [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
II. Background
III. A List of Thermal Protection Systems Excepted From Test
Verification
IV. Revisions to the List of Thermal Protection Systems Excepted
From Test Verification

I. Executive Summary

    The Pipeline and Hazardous Materials Safety Administration (PHMSA)
issues this notice in coordination with the Federal Railroad
Administration (FRA) to notify the public of four systems that have
been added to the thermal protection systems list since its most recent
publication, as well as to solicit comments or updates to information
on

the current list. The thermal protection systems included on the list
have passed the pool fire and torch fire tests specified in appendix B
to 49 CFR part 179 and are acceptable for use, without further test
verification, on certain U.S. Department of Transportation (DOT)
specification tank cars. The list is maintained and updated in the
PHMSA Records Center in accordance with Sec.  179.18.
    The thermal protection systems list was last published in the
Federal Register on May 13, 1993 (Notice No. 93-12; 58 FR 28436). PHMSA
is issuing this notice to inform the public of four thermal protection
systems that have been added to the list since the previous notice was
published in the Federal Register and to solicit comments or updates to
the information on the current list. Information updates may include,
but are not limited to, the following: Company name and location
changes; material or tradename updates; and information on the use of
these systems.
    PHMSA is providing a 90-day comment period for responses and will
publish a future Federal Register notice to address the information
received and update the list with revisions, if necessary. This notice
is not a rulemaking action, as it simply provides the rail industry
with the information necessary to equip DOT specification rail tank
cars. PHMSA will continue to maintain the list of thermal protection
systems in the PHMSA Records Center and will also post a copy of the
list to our website at http://www.phmsa.dot.gov, where future additions
and revisions will be published.

II. Background

    Thermal protection systems, when required by regulation for DOT
specification tank cars, must meet the requirements of the Hazardous
Materials Regulations (HMR). To qualify, the thermal protection system
must conform to the performance standard and demonstrate such
compliance through analysis of pool fire and torch fire tests required
by Sec.  179.18. Thermal protection systems that no longer require
testing must demonstrate successful testing as specified in appendix B
to 49 CFR part 179--Procedures for Simulated Pool and Torch-Fire
Testing. Specifically, the procedures are designed to measure the
thermal effects of new or untried thermal protection systems and to
test for system survivability when exposed to pool fire and torch fire
environments.
     Pool Fire Simulation Test: Must be run for a minimum of
100 minutes. The thermal protection system covers a specified steel
plate that meets the requirements of paragraph 2a(2) in appendix B to
49 CFR part 179. The thermal protection system is exposed to a
simulated pool fire as specified in appendix B to 49 CFR part 179, and
it must retard the heat flow to the plate so that none of the
thermocouples on the non-protected side of the plate indicate a plate
temperature in excess of 427 [deg]C (800 [deg]F).
     Torch Fire Simulation Test: Must be run for a minimum of
30 minutes. The thermal protection system covers a specified steel
plate that meets the requirements of paragraph 3a(2) in appendix B to
49 CFR part 179. The thermal protection system is exposed to a
simulated torch fire as specified in appendix B to 49 CFR part 179, and
it must retard the heat flow to the plate so that none of the
thermocouples on the backside of the bare plate indicate a plate
temperature in excess of 427 [deg]C (800[emsp14][deg]F).
    When the HMR require a thermal protection system on a tank car, the
tank car must have sufficient thermal resistance so that there will be
no release of any lading within the tank car, except release through
the pressure release device (Sec.  179.18(a)). Compliance with these
requirements is verified by analyzing the fire effects on the entire
surface of the tank car (Sec.  179.18(b)). The analysis must consider
the fire effects on and heat flux through tank discontinuities,
protective housings, underframes, metal jackets, insulation, and
thermal protection. A complete record of each analysis shall be made,
retained, and--upon request--made available for inspection and
replication by an authorized representative of DOT.
    DOT maintains a list of thermal protection systems that comply with
the requirements of appendix B to 49 CFR part 179 and no longer require
test verification (Sec.  179.18(c)). FRA receives test data from
manufacturers to validate that the thermal protection systems meet the
HMR requirements. PHMSA and FRA evaluate the test data to determine
whether the system is appropriate for inclusion on the list. Once
accepted, the material characteristics and the information necessary to
apply any of the systems on this list to DOT specification rail tank
cars is communicated to the public. This information is available in
the PHMSA Records Center, Pipeline and Hazardous Materials Safety
Administration, East Building, 1200 New Jersey Avenue SE, Washington,
DC 20590-0001.
    The current thermal protection systems list was most recently
published in the Federal Register on May 13, 1993, in Notice No. 93-12
(58 FR 28436). To add a thermal protection system to the list, persons
must provide test data and technical specifications showing that the
system successfully passes the pool and torch fire tests required by
appendix B to 49 CFR part 179. This information may be submitted to
FRA's Hazardous Materials Division, Office of Railroad Safety. See FOR
FURTHER INFORMATION CONTACT.

III. A List of Thermal Protection Systems Excepted From Test
Verification

    The two previous lists of thermal protection systems excepted from
test verification were published in the Federal Register on May 13,
1993 (58 FR 28436) and January 31, 1986 (51 FR 4063). The current list
identifies thermal protection systems by their 1993 system application
number, with the 1986 system application number shown in parentheses,
if applicable. Furthermore, the four new systems that have been
approved by DOT since 1993 are: Nutec Fibratec SA de CV of Mexico's \1/
2\-Inch Thick Ceramic Fire Blanket; Jotun Paints, Inc.'s Jotachar JF750
Intumescent Paint; Premier Refractories' Cer-Wool FP Blanket; and
Thermal Ceramics' Superwool Plus Insulation Tank Car Blanket. The
current list of thermal protection systems is as follows:

1. Carborundum Company, Niagara Falls, New York

Fiberfrax
     System Application 01 (6): Apply 1.651 cm (0.65 inches)
minimum thickness Fiberfrax thermal protection (density >=72.1 kg/m\3\
(4.5 lbs/ft\3\), then an 11-gauge steel jacket.
     System Application 02 (22): (<288 [deg]C) Apply 1.27 cm
(0.5 inch) minimum thickness Fiberfrax thermal protection (density
>=72.1 kg/m\3\ (4.5 lbs/ft\3\)), compressed no less than 0.635 cm (0.25
inch) with froth-in-place rigid urethane foam, then an 11-gauge steel
jacket. The total thickness of the Fiberfrax thermal protection and the
urethane foam combination must be at least 5.08 cm (2.0 inches).
     System Application 03 (23): (<288 [deg]C) Apply 2.54 cm
(1.0 inch) minimum thickness Fiberfrax thermal protection (density
>=72.1 kg/m\3\ (4.5 lbs/ft\3\)), compressed no less than 1.372 cm (0.54
inches) with froth-in-place rigid urethane foam, then an 11-gauge steel
jacket. The total thickness of the Fiberfrax thermal protection and the
urethane foam combination must be at least 5.08 cm (2.0 inches).

     System Application 04 (24): (<288 [deg]C) Apply 1.27 cm
(0.5 inch) minimum thickness Fiberfrax thermal protection (density
>=68.9 kg/m\3\ (4.3 lbs/ft\3\)), then apply 10.16 cm (4.0 inches)
minimum thickness glass fiber insulation compressed to 8.89 cm (3.5
inches), and then an 11-gauge steel jacket.
     System Application 05 (29): Apply 1.27 cm (0.50 inch)
minimum thickness Fiberfrax thermal protection (density >=72.1 kg/m\3\
(4.5 lbs/ft\3\)), then an 11-gauge steel jacket.
     System Application 06: Persons may use this system
provided the tank car is constructed from at least 1.905 cm (0.75 inch)
carbon steel plate. Apply 1.27 cm (0.50 inch) minimum thickness
Fiberfrax thermal protection and the glass fiber insulation combination
must be at least 8.89 cm (3.5 inches).

2. Courtaulds Aerospace, Incorporated, Des Plaines, Illinois

Thermal Shield Coating
    System Application 01 (4): Apply 0.002 cm (\7/10\-mil) primer (a
2:1 ratio by volume of 513-003 base component and 9110x350 activator
component). Next, apply 0.597 cm (235 mils) of Thermal Shield Coating
(a nominal 5:1 ratio by volume of 821x359 base component and 9110x407
activator component) to the primed surface, then 0.005 cm (2 mils) of
topcoat (a 2:1 ratio by volume of 821x317 base component and 9110x376
activator component).

3. Fibrex, Incorporated, Aurora, Illinois

A. Tank Wrap Insulation
    System Application 01 (8): Apply 3.81 cm (1.5 inches) minimum
thickness Tank Wrap Insulation (density >=96.1 kg/m\3\ (6 lbs/ft\3\)),
compressed to 2.54 cm (1.0 inch), then an 11-gauge steel jacket.
B. Tank Car Insulation
    System Application 01 (25): (<288 [deg]C) Apply 3.81 cm (1.5
inches) minimum thickness Tank Car Insulation (density >=96.1 kg/m\3\
(6 lbs/ft\3\)), and 7.62 cm (3.0 inches) minimum thickness glass fiber
insulation compressed to 6.35 cm (2.5 inches), then an 11-gauge steel
jacket.

4. Holmes, Insulation Limited, Ontario, Canada

HILBLOK 1212
    System Application 01 (7): Apply 2.54 cm (1.0 inch) minimum
thickness of HILBLOK 1212 (density >=200.2 kg/m\3\ (12.5 lbs/ft\3\)),
then an 11-gauge steel jacket.

5. Nutec Fibratec SA de CV of Mexico

\1/2\-Inch Thick Ceramic Fire Blanket
    System Application 01: Apply 12.7 mm (0.50 inches) minimum
thickness \1/2\-inch thick Ceramic Fire Blanket manufactured by Nutec
Fibratec SA de CV of Mexico with an average mass density equal to or
greater than 99.0 kg/m\3\ (6.18 lb/ft\3\), and then apply a 3.18 mm
thick (11-gauge) steel jacket.

6. Jotun Paints, Inc., Belle Chasse, Louisiana

Jotachar JF750 Intumescent Paint
    System Application 01: Apply 5.0 mm (0.20 inches) minimum thickness
Jotachar JF750 Intumescent Paint manufactured by Jotun Paints, Inc. The
coating is a proprietary mixture of two products, Jotachar JF750 Comp A
and Jotachar JF750 Comp B that is applied in two coats for a nominal
thickness of 5.0 mm (0.20 inches).

7. Premier Refractories, Erwin, Tennessee

Cer-Wool FP Blanket
    System Application 01: (<288[deg]C) Apply 1.17 cm (0.46 inches)
minimum thickness Cer-Wool FP Blanket (weight per unit area >=1.04 kg/
m\2\ (0.21 lbs/ft\2\)), then apply 10.16 cm (4.0 inches) minimum
thickness fiber insulation (density >=11.1 kg/m\3\) compressed to 8.89
cm (3.5 inches), and then an 11-gauge steel jacket.

8. Rock Wool Manufacturing, Leeds, Alabama

Delta Board
    System Application 01 (1): Apply 2.54 cm (1.0 inch) minimum
thickness of Delta Board (density >=192.2 kg/m\3\ (12 lbs/ft\3\)), then
an 11-gauge steel jacket.

9. Textron Specialty Materials, Lowell, Massachusetts

Chartek 59
     System Application 01 (3): Apply 0.008 cm (3 mils) of
primer (Military Standard MIL-P-5219B), then apply a 2.54 cm (1.0 inch)
hexagonal, 22-gauge, wire mesh to the primed surface. Next, apply 0.457
cm (180 mils) Chartek 59 thermal protection, then 0.008 cm (3 mils) of
AMERCOAT 383 (Brea, California) to the cured surface.
     System Application 02 (18): (<288 [deg]C) Apply 5.08 cm
(2.0 inches) minimum thickness polyurethane foam then an 11-gauge steel
jacket, then apply 0.005 cm (2 mils) minimum of primer (Military
Standard MIL-P-52192B, Mobile 13-R-56, or equivalent) to the clean
surface. Next, apply 0.53 cm (210 mils) minimum thickness of Chartek 59
thermal protection to the cured surface.
     System Application 03 (19): (<288 [deg]C) Apply 5.08 cm
(2.0 inches) minimum thickness glass fiber then an 11-gauge steel
jacket, then apply 0.005 cm (2 mils) minimum of primer (Military
Standard MIL-P-52192B, Mobile 13-R-56, or equivalent) to the clean
surface. Next, apply 0.46 cm (180 mils) minimum thickness of Chartek 59
thermal protection to the cured surface.
     System Application 04 (21): (<288 [deg]C) Apply 5.08 cm
(2.0 inches) minimum thickness polyurethane foam then an 11-gauge steel
jacket, then apply 0.005 cm (2 mils) minimum of primer (Military
Standard MIL-P-52192B, Mobile 13-R-56, or equivalent) to the clean
surface. Next, apply 0.46 cm (180 mils) minimum thickness of Chartek 59
thermal protection to the cured surface.
     System Application 05 (30): (<288 [deg]C) Apply 0.008 cm
(3 mils) of primer (Military Standard MIL-P- 52192B) to the clean
surface. The use of a primer is optional when facilities complete the
surface preparation and coating operations within six hours and the
atmosphere has a dew point above 3 [deg]C (37.4[emsp14][deg]F). When
desired, applicators may place a 2.54 cm (1.0 inch) hexagonal 22-gauge
wire mesh to the primed surface. Next, apply 0.457 cm (180 mils) of
Chartek 59 thermal protection to the cured surface, then apply 0.008 cm
(3 mils) of an AMERCOAT 383 topcoat (Brea, California) to the Chartek
59 thermal protection to the cured surface.
     System Application 06 (31): (<288 [deg]C) Apply 5.08 cm
(2.0 inches) minimum thickness polyurethane foam then an 11-gauge steel
jacket, then apply 0.005 cm (2 mils) minimum of primer (Military
Standard MIL-P-52192B, Mobile 13-R-56, or equivalent) to the clean
surface. When desired, applicators may place a 2.54 cm (1.0 inch)
hexagonal 22-gauge wire mesh to the primed surface. Next, apply 0.46 cm
(180 mils) minimum thickness of Chartek 59 thermal protection to the
cured surface.
     System Application 07 (34): (<288 [deg]C) Apply 5.08 cm
(2.0 inches) minimum thickness glass fiber insulation then an 11-gauge
steel jacket, then apply 0.005 cm (2 mils) minimum of a polyamide epoxy
primer (Military Standard MIL-P-52192B, Mobile 13-R-56, or equivalent)
to the clean surface. When desired, applicators may place a 2.54 cm
(1.0 inch) hexagonal 22-gauge wire mesh to the primed surface. Next,
apply 0.46 cm (180 mils) minimum thickness of Chartek 59 thermal
protection to the cured surface.

     System Application 08: Apply 0.008 cm (3 mils) of primary
(Military Standard MIL-P-5219B), then apply a 2.54 cm (1.0 inch)
hexagonal, 22-gauge, wire mesh to the primed surface. Next, apply 0.46
cm (180 mils) Chartek 59 thermal protection, then apply 0.008 cm (3
mils) of AMERCOAT (Brea, California) to the Chartek 59 thermal
protection to the cured surface.

10. Thermal Ceramics, Augusta, Georgia

A. Kaowool Tank Car Blanket
     System Application 01 (5): Apply 2.54 cm (1.0 inch)
minimum thickness of Kaowool Tank Car Blanket (density >=32.7 kg/m\3\
(2.04 lbs/ft\3\)), then an 11-gauge steel jacket.
     System Application 02 (10): Apply 1.32 cm (0.52 inches)
minimum thickness of Kaowool Tank Car Blanket (density >=76.9 kg/m\3\
(4.8 lbs/ft\3\)), then an 11-gauge steel jacket.
     System Application 03 (32): (<288 [deg]C) Apply 2.54 cm
(1.0 inch) minimum thickness of Kaowool Tank Car Blanket (density
>=72.1 kg/m\3\ (4.5 lbs/ft\3\)), then apply 10.16 cm (4.0 inches) of
glass fiber insulation compressed to 7.62 cm (3.0 inches), then an 11-
gauge steel jacket.
     System Application 04 (33): (<288 [deg]C) Apply 1.321 cm
(0.52 inches) minimum thickness of Kaowool Tank Car Blanket (density
>=76.9 kg/m\3\ (4.8 lbs/ft\3\)), then apply 10.16 cm (4.0 inches) of
glass fiber insulation compressed to 8.89 cm (3.5 inches), then an 11-
gauge steel jacket.
     System Application 05 (35): (<288 [deg]C) Apply 2.54 cm
(1.0 inch) minimum thickness of Kaowool Tank Car Blanket (density
>=72.1 kg/m\3\ (4.5 lbs/ft\3\)), then apply 10.16 cm (4.0 inches) of
glass fiber insulation compressed to 7.62 cm (3.0 inches), then an 11-
gauge steel jacket.
     System Application 06 (36): (<288 [deg]C) Apply 1.321 cm
(0.52 inches) minimum thickness of Kaowool Tank Car Blanket (density
>=76.9 kg/m\3\ (4.8 lbs/ft\3\)), then apply 10.16 cm (4.0 inches) of
glass fiber insulation compressed to 8.89 cm (3.5 inches), and then an
11-gauge steel jacket.
     System Application 07: Apply 2.54 cm (1.0 inch) minimum
thickness of Kaowool Tank Car Blanket (density >=64.1 kg/m\3\ (4 lbs/
ft\3\)), then an 11-gauge steel jacket having an annular space of 1.016
cm (0.4 inches) between the thermal protection and the steel jacket.
B. Cerawool Tank Car Blanket
     System Application 01 (9): Apply 1.524 cm (0.6 inch)
minimum thickness of Cerawool Tank Car Blanket (density >=64.1 kg/m\3\
(4 lbs/ft\3\)), then an 11-gauge steel jacket having an annular space
of 1.016 cm (0.4 inches) between the thermal protection and the jacket.
     System Application 02: Apply 2.54 cm (1.0 inch) minimum
thickness of Cerawool Tank Car Blanket (density >=54.9 kg/m\3\ (3.43
lbs/ft\3\)), and 5.08 cm (2.0 inches) minimum thickness polyurethane
foam, then an 11-gauge steel jacket.
C. Superwool Plus Insulation Tank Car Blanket
     System Application 01: Apply 12.7 mm (0.50 inches) minimum
thickness Superwool Plus Insulation Tank Car Blanket with an average
mass density >=60.2 kg/m\3\ (3.76 lbs/ft\3\), then apply 101.6 mm (4.0
inches) minimum thickness of glass fiber insulation with density >=12.0
kg/m\3\ (0.75 lbs/ft\3\). The insulation components are compressed to
101.6 mm (4.0 inches), and then apply a 3.18 mm thick (11-gauge) steel
jacket.
     System Application 02: Apply 12.7 mm (0.50 inches) minimum
thickness Superwool Plus Insulation Tank Car Blanket with an average
mass density equal to or greater than of 60.2 kg/m\3\ (3.76 lbs/ft\3\),
and then apply a 3.18 mm thick (11-gauge) steel jacket over the
insulation.

11. Thermal Sciences, Incorporated, St. Louis, Missouri

A. Thermo-lag 330-1 Subliming Material System
     System Application 01 (2): Apply 0.005 cm (2 mils) of
Thermo-lag Primer 351, 0.127 cm (5 mils) Thermo-lag 351-EX176 Primer,
or 0.02 cm (8 mils) of PLASITE 7156 Primer, then apply 0.419 cm (165
mils) of Thermo-lag 330-1 Subliming Compound. Next, apply 0.013 cm (5
mils) of Thermo-lag Topcoat 350. Thermo-lag 330-CA cure accelerator may
be added to the above components.
     System Application 02: Apply 0.020 cm (8 mils) of
Wisconsin Protective Coatings' Plasite 7156 (Green Bay, Wisconsin),
then apply 0.419 cm (165 mils) of Thermo-lag 330-1 Subliming Compound.
Next, apply 0.013 cm (5 mils) of Thermolag Topcoat 350.
B. Thermo-lag 330-3 Subliming Material System
     System Application 01 (12): Apply 5.08 cm (2.0 inches)
minimum thickness of glass fiber then an 11-gauge steel jacket, then
apply 0.010 cm (4 mils) minimum thickness of Thermo-lag Primer 351-3
primer to the tank jacket. Next, apply 0.32 cm (125 mils) minimum
thickness of Thermo-lag 330-3 Subliming Compound, and then apply 0.013
cm (5 mils) of Thermo-lag Topcoat 350-3.
     System Application 02 (13): Apply 5.08 cm (2.0 inches)
minimum thickness of polyurethane, then an 11-gauge steel jacket, then
apply 0.010 cm (4 mils) minimum thickness of Thermo-lag Primer 351-3
primer to the tank jacket, and then apply 0.32 cm (125 mils) minimum
thickness of Thermo-lag 330-3 Subliming Compound. Next, apply 0.013 cm
(5 mils) of Thermo-lag Topcoat 350-3.
     System Application 03 (14): Apply 5.08 cm (2.0 inches)
minimum thickness of glass fiber then an 11-gauge steel jacket, then
apply 0.010 cm (4 mils) minimum thickness of Thermo-lag Primer 351-3
primer to the exterior tank jacket, and then apply 0.34 cm (135 mils)
minimum thickness of Thermo-lag 330-3 Subliming Compound. Next, apply
0.013 cm (5 mils) of Thermo-lag Topcoat 350-3.
     System Application 04 (16): (<288 [deg]C) Apply 5.08 cm
(2.0 inches) minimum thickness of glass fiber then an 11-gauge steel
jacket, then apply 0.010 cm (4 mils) minimum film thickness of Thermo-
lag Primer 351-3 primer to the tank jacket, and then apply 0.48 cm (188
mils) minimum thickness of Thermo-lag 330-3 Subliming Compound. Next,
apply 0.013 cm (5 mils) of Thermo-lag Topcoat 350-3.
     System Application 05 (17): (<288 [deg]C) Apply 5.08 cm
(2.0 inches) minimum thickness of polyurethane then an 11-gauge steel
jacket, then apply 0.010 cm (4 mils) minimum thickness of Thermo-lag
Primer 351-3 primer to the tank jacket. Next, apply 0.48 cm (188 mils)
minimum thickness of Thermo-lag 330-3 Subliming Compound. Next, apply
0.013 cm (5 mils) of Thermo-lag Topcoat 350-3.
C. Thermo-lag 330-3 Subliming Material System
     System Application 01 (15): Apply 5.08 cm (2.0 inches)
minimum thickness of polyurethane foam then an 11-gauge steel jacket,
then apply 0.010 cm (4 mils) minimum thickness of Thermo-lag Primer
351-3 to the tank jacket, and then apply 0.343 cm (135 mils) minimum
thickness of Thermo-lag 330-30 Subliming Compound. Next, apply 0.013 cm
(5 mils) of Thermo-lag Topcoat 350-3.
     System Application 02 (27): Apply 5.08 cm (2.0 inches)
minimum thickness of glass fiber then an 11-gauge steel jacket, then
apply 0.010 cm (4 mils) minimum thickness of Thermo-lag Primer 351-3
primer to the tank jacket, and then apply 0.46 cm (180 mils)

minimum thickness of Thermo-lag 330-30 Subliming Compound. Next, apply
0.013 cm (5 mils) of Thermo-lag Topcoat 350-3.
     System Application 03 (28): Apply 2.54 cm (1.0 inch)
minimum thickness of polyurethane foam then an 11-gauge steel jacket,
then apply 0.010 cm (4 mils) minimum thickness of Thermo-lag Primer
351-3 to the tank jacket, and then apply 0.457 cm (180 mils) minimum
thickness of Thermo-lag 330-30 Subliming Compound. Next, apply 0.013 cm
(5 mils) of Thermo-lag Topcoat 350-3.
D. Thermo-Lag 440 Subliming Material System
    System Application 01: Apply 0.013 cm (5 mils) of Thermo-lag 351-
176 Primer to the tank surface, then apply 0.419 cm (165 mils) of
Thermo-lag 440 Subliming Material to the surface. Next, apply 0.005 cm
(2 mils) of Thermo-lag 350-31 Topcoat.

12. United States Gypsum Company, Chicago, Illinois

A. Thermafiber Tank Car Fire Proofing
     System Application 01 (11): Apply 2.54 cm (1.0 inch)
minimum thickness of Thermafiber Tank Car Fire proofing (density
>=112.1 kg/m\3\ (7 lbs/ft\3\)), then an 11-gauge steel jacket.
     System Application 02 (20): (<288 [deg]C) Apply 2.54 cm
(1.0 inch) minimum thickness of Thermafiber Tank Car Fire proofing
(density >112.1 kg/m\3\ (7 lbs/ft\3\)), with a foil scrim polyethylene
facing, then apply 10.16 cm (4.0 inches) of glass fiber compressed to
7.62 cm (3.0 inches), and then an 11-gauge steel jacket.
     System Application 03 (26): (<288 [deg]C) Apply 2.54 cm
(1.0 inch) minimum thickness of Thermafiber Tank Car Fire proofing
(density >112.1 kg/m\3\ (7 lbs/ft\3\)), with a foil scrim polyethylene
facing, then apply 2.54 cm (1.0 inch) minimum thickness polyurethane
facing followed by 2.54 cm (1.0 inch) minimum thickness polyurethane
foam, and then an 11-gauge steel jacket.
     System Application 04: (<288 [deg]C) Apply 2.54 cm (1.0
inch) minimum thickness of Thermafiber Tank Car Fire proofing (density
>=112.1 kg/m\3\ (7 lbs/ft\3\)), then apply 8.89 cm (3.5 inches) glass
fiber insulation compressed to 7.62 cm (3.0 inches) and then an 11-
gauge steel jacket.
B. Inswool HP
    System Application 01: (<288 [deg]C) Apply 3.81 cm (1.5 inch)
minimum thickness of INSWOOL HP ceramic fiber blanket (density <80.1
kg/m\3\ (5 lbs/ft\3\)), then an 11-gauge steel jacket.

IV. Revisions to the List of Thermal Protection Systems Excepted From
Test Verification

    Given that this list was last published in the Federal Register on
May 13, 1993, (Notice No. 93-12; 58 FR 28436), PHMSA and FRA anticipate
that changes have inevitably occurred since its most recent
publication--including the potential that companies on the list have
moved, changed tradenames, closed, merged with other companies, or have
been purchased by other companies. Therefore, PHMSA is providing
stakeholders with the opportunity to comment on and request revisions
to the current list of thermal protection systems excepted from test
verification. This notice is not a solicitation for systems not
identified on the list. Any proposed revisions submitted in response to
this notice must meet the criteria for revision in this section.
    For revisions to entries on the list:
     Persons requesting only a tradename change must submit
information that the revision or change is not a new thermal protection
system. Persons requesting further changes must submit a certification
statement or test data and technical specifications demonstrating that
the physical properties of the system have not changed. (See ADDRESSES
and FOR FURTHER INFORMATION CONTACT.)
    PHMSA and FRA will evaluate the revisions and comments received in
response to this notice, including review of certification statements,
test data, and technical specifications demonstrating the system is
compliance with appendix B to 49 CFR part 179. Once all comments have
been evaluated, PHMSA will publish a follow-up notice in the Federal
Register to provide the most up-to-date list of thermal protection
systems excepted from test verification, including any revised entries.
PHMSA will continue to maintain the list of thermal protection systems
in the PHMSA Records Center and will also post a copy of the list to
our website at http://www.phmsa.dot.gov, where future additions and
revisions will be published.

    Signed in Washington, DC, on May 24, 2018.
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2018-11988 Filed 6-4-18; 8:45 am]
 BILLING CODE 4910-60-P


[Federal Register Volume 78, Number 117 (Tuesday, June 18, 2013)]
[Rules and Regulations]
[Pages 36440-36444]
[FR Doc No: 2013-14068]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0582; FRL- 9820-7]

Approval and Promulgation of Implementation Plans; Tennessee;
110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve in part, and
conditionally approve in part, portions of the State Implementation
Plan (SIP) submission, submitted by the State of Tennessee, through the
Tennessee Department of Environment and Conservation (TDEC), to
demonstrate that the State meets the requirements of sections 110(a)(1)
and (2) of the Clean Air Act (CAA or Act) for the 2008 Lead national
ambient air quality standards (NAAQS). Section 110(a) of the CAA
requires that each

state adopt and submit a SIP for the implementation, maintenance, and
enforcement of each NAAQS promulgated by EPA, which is commonly
referred to as an ``infrastructure'' SIP. TDEC certified in its
submission ((hereafter referred to as ``infrastructure submission) that
the Tennessee SIP contains provisions that ensure the 2008 Lead NAAQS
are implemented, enforced, and maintained in Tennessee. With the
exception of the portion of section 110(a)(2)(E)(ii) respecting the
requirements of section 128(a)(1) of the CAA, EPA has made the
determination that the applicable portions of the TDEC's October 19,
2009, infrastructure submission which are being approved in this final
rulemaking meet the infrastructure requirements for the 2008 Lead
NAAQS. In this rulemaking, EPA is also taking final action to
conditionally approve the portion of Tennessee's section
110(a)(2)(E)(ii) infrastructure submission that address section
128(a)(1) requirements. Finally, EPA notes that it is not currently
taking final action on the portions of Tennessee's infrastructure
submission addressing sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and
110(a)(2)(J) as they relate to prevention of significant deterioration
(PSD) requirements. EPA intends to take final action on those portions
of Tennessee's infrastructure submission (the portions of sections
110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J) related to PSD
requirements) in a separate rulemaking.

DATES: Effective Date: This rule will be effective July 18, 2013.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0582. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information 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 through 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 to 4:30 excluding Federal
holidays.

FOR FURTHER INFORMATION CONTACT: Zuri Farngalo, 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)
562-9152. Mr. Farngalo can be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address basic SIP requirements,
including emissions inventories, monitoring, and modeling to assure
attainment and maintenance for that new NAAQS. Section 110(a) of the
CAA requires states to submit SIPs to provide for the implementation,
maintenance, and enforcement of a new or revised NAAQS within three
years following the promulgation of such NAAQS, or within such shorter
period as EPA may prescribe. Section 110(a) imposes the obligation upon
states to make a SIP submission to EPA for a new or revised NAAQS, but
the contents of that submission may vary depending upon the facts and
circumstances. In particular, the data and analytical tools available
at the time the state develops and submits the SIP for a new or revised
NAAQS affects the content of the submission. The contents of such SIP
submissions may also vary depending upon what provisions the state's
existing SIP already contains. In the case of the 2008 Lead NAAQS,
states typically have met the basic program elements required in
section 110(a)(2) through earlier SIP submissions in connection with
previous NAAQS.
    More specifically, section 110(a)(1) provides the procedural and
timing requirements for SIPs. Section 110(a)(2) lists specific elements
that states must meet for ``infrastructure'' SIP requirements related
to a newly established or revised NAAQS. As already mentioned, these
requirements include SIP infrastructure elements such as modeling,
monitoring, and emissions inventories that are designed to assure
attainment and maintenance of the NAAQS. The requirements that are the
subject of this final rulemaking are listed below \1\ and in EPA's
October 14, 2011, memorandum entitled'' Guidance on Infrastructure
State Implementation Plan (SIP) Elements Required Under Sections
110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air
Quality Standards (NAAQS).''
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    \1\ Two elements identified in section 110(a)(2) are not
governed by the three year submission deadline of section 110(a)(1)
because SIPs incorporating necessary local nonattainment area
controls are not due within three years after promulgation of a new
or revised NAAQS, but rather are due at the time the nonattainment
area plan requirements are due pursuant to section 172. These
requirements are: (1) Submissions required by section 110(a)(2)(C)
to the extent that subsection refers to a permit program as required
in part D Title 1 of the CAA, and (2) submissions required by
section 110(a)(2)(I), which pertain to the nonattainment planning
requirements of part D, Title I of the CAA. Accordingly, today's
final rulemaking does not address infrastructure elements related to
section 110(a)(2)(I) or the nonattainment planning requirements of
110(a)(2)(C).
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     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement of control
measures.\2\
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    \2\ This rulemaking only addresses requirements for this element
as they relate to attainment areas.
---------------------------------------------------------------------------

     110(a)(2)(D): Interstate transport.\3\
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    \3\ Today's final rule does not address element 110(a)(2)(D)(i)
(Interstate Transport) for the 1997 8-hour ozone NAAQS. Interstate
transport requirements were formerly addressed by Tennessee
consistent with the Clean Air Interstate Rule (CAIR). On December
23, 2008, CAIR was remanded by the DC Circuit Court of Appeals,
without vacatur, back to EPA. See North Carolina v. EPA, 531 F.3d
896 (DC Cir. 2008). Prior to this remand, EPA took final action to
approve Tennessee's SIP revision, which was submitted to comply with
CAIR. See 72 FR 46388 (August 20, 2007). In so doing, Tennessee's
CAIR SIP revision addressed the interstate transport provisions in
section 110(a)(2)(D)(i) for the 1997 8-hour ozone NAAQS. In response
to the remand of CAIR, EPA has promulgated a new rule to address
interstate transport. See 76 FR 48208 (August 8, 2011) (``the
Transport Rule''). That rule was recently stayed by the DC Circuit
Court of Appeals. EPA's action on element 110(a)(2)(D)(i) will be
addressed in a separate action.
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     110(a)(2)(E): Adequate resources.
     110(a)(2)(F): Stationary source monitoring system.
     110(a)(2)(G): Emergency power.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(I): Areas designated nonattainment and meet the
applicable requirements of part D.\4\
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    \4\ This requirement was inadvertently omitted from EPA's
October 2, 2007, memorandum entitled ``Guidance on SIP Elements
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone
and PM2.5 National Ambient Air Quality Standards,'' but
as mentioned above is not relevant to today's proposed rulemaking.
---------------------------------------------------------------------------

     110(a)(2)(J): Consultation with government officials;
public notification; and PSD and visibility protection.

     110(a)(2)(K): Air quality modeling/data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local
entities.
    On October 5, 1978, EPA promulgated primary and secondary NAAQS for
Lead under section 109 of the Act. See 43 FR 46246. Both primary and
secondary standards were set at a level of 1.5 micrograms per cubic
meter ([micro]g/m\3\), measured as Lead in total suspended particulate
matter (Pb-TSP), not to be exceeded by the maximum arithmetic mean
concentration averaged over a calendar quarter. On November 12, 2008
(75 FR 81126), EPA issued a final rule to revise the primary and
secondary Lead NAAQS. The revised primary and secondary Lead NAAQS were
revised to 0.15 [micro]g/m\3\. By statute, SIPs meeting the
requirements of sections 110(a)(1) and (2) are to be submitted by
states within three years after promulgation of a new or revised NAAQS.
Sections 110(a)(1) and (2) require states to address basic SIP
requirements, including emissions inventories, monitoring, and modeling
to assure attainment and maintenance of the NAAQS. States were required
to submit such SIPs to EPA no later than October 15, 2011, for the 2008
Lead NAAQS. Tennessee provided its infrastructure submission for the
2008 Lead NAAQS on October 19, 2009.
    On March 28, 2012, Tennessee submitted a letter of commitment to
EPA to adopt specific enforceable measures related to CAA section
128(a)(1) to address the current deficiencies in the Tennessee SIP
related to CAA section 110(a)(2)(E)(ii).
    On March 20, 2013, EPA proposed to approve the majority of
Tennessee's October 19, 2009, infrastructure submission for the 2008
Lead NAAQS, and proposed in the alternative to conditionally approve
the portion of the infrastructure submission related to the PSD
requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and
110(a)(2)(J), and the section 128(a)(1) requirements of section
110(a)(2)(E)(ii). See 78 FR 17168.
    As noted above, EPA's proposed conditional approval of section
110(a)(2)(E)(ii) as it relates to section 128(a)(1) requirements, was
based upon the State's March 28, 2012 commitment letter to address
current deficiencies in the Tennessee SIP related to these
requirements. Based upon an earlier conditional of approval of these
section 110(a)(2)(E)(ii) requirements as part of the infrastructure SIP
associated with another NAAQS, Tennessee has already committed to
submitting to EPA the necessary revisions to address section 128(a)(1)
requirements by July 23, 2013. See 77 FR 42997. Accordingly, the
proposed conditional approval of section 110(a)(2)(E)(ii) as it relates
to the section 128(a)(1) requirements for the 2008 Lead infrastructure
SIP was conditioned upon the State's commitment to submit the SIP
revision(s) adopting specific enforceable measures to address the
128(a)(1) requirements by July 23, 2013.
    EPA did not receive any comments, adverse or otherwise, on the
March 20, 2013, proposed rulemaking related to Tennessee's 2008 Lead
infrastructure submission.

II. This Action

    Today's rulemaking finalizes approval of Tennessee's infrastructure
submission except for the portions of sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), and 110(a)(2)(J) pertaining to PSD requirements,
and the portion of section 110(a)(2)(E)(ii) related to section
128(a)(1) requirements. Today's rulemaking also finalizes conditional
approval of the section 110(a)(2)(E)(ii) portion of Tennessee's
infrastructure SIP submission related to section 128(a)(1)
requirements.\5\ EPA is not today taking any action with respect to the
portions of Tennessee's infrastructure submission related to the PSD
requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and
110(a)(2)(J). EPA intends to act on these remaining portions of
Tennessee's infrastructure submission in a separate rulemaking. See
EPA's March 20, 2013, proposed rulemaking at 78 FR 17168 for more
detail.
---------------------------------------------------------------------------

    \5\ EPA is finalizing approval of section 110(a)(2)(E)(ii) as it
relates to section 128(a)(2) requirements and finalizing approval of
section 110(a)(2)(E)(i) and (iii).
---------------------------------------------------------------------------

    As noted above, EPA received no comments, adverse or otherwise, on
its March 20, 2013, proposed actions related to Tennessee's October 19,
2009, infrastructure submission for the 2008 Lead NAAQS. For those
portions of Tennessee's October 19, 2009, infrastructure submission
that EPA is taking final action on today, EPA has determined that the
State's infrastructure submission, with the exception of section
110(a)(2)(E)(ii) as it relates to section 128(a)(1) requirements,\6\ is
consistent with section 110 of the CAA.
---------------------------------------------------------------------------

    \6\ Section 128(a)(1) requires that the SIP include requirements
that any board or body which approves permits or enforcement orders
under the CAA shall have at least a majority of members who
represent the public interest and do not derive any significant
portion of their from persons subject to permits or enforcement
orders under the CAA.
---------------------------------------------------------------------------

    EPA is today finalizing a conditional of section 110(a)(2)(E)(ii)
as it relates to section 128(a)(1) requirements \7\ based upon the
State's March 28, 2012, commitment letter to adopt specific enforceable
measures related to CAA section 128(a)(1) to address the current
deficiencies in the Tennessee SIP related to CAA section
110(a)(2)(E)(ii) by July 23, 2013. As a result of Tennessee's March 28,
2012, commitment letter, EPA has determined that conditional approval,
specifically pertaining to the requirements of 128(a)(1), is
appropriate because the State has explicitly committed to address
current deficiencies in the Tennessee SIP related to sub-element
110(a)(2)(E)(ii) consistent with the requirements of CAA section
110(k)(4).
---------------------------------------------------------------------------

    \7\ EPA is finalizing approval of section 110(a)(2)(E)(ii) as it
relates to section 128(a)(2) requirements and finalizing approval of
section 110(a)(2)(E)(i) and (iii).
---------------------------------------------------------------------------

    If the State fails to submit the SIP revision by July 23, 2013,
today's conditional approval will automatically become a disapproval on
that date and EPA will issue a finding of disapproval. EPA is not
required to propose the finding of disapproval. If the conditional
approval is converted to a disapproval, the final disapproval triggers
the Federal Implementation Plan requirement under section 110(c).
However, if the State meets its commitment within the applicable
timeframe, the conditionally approved submission will remain a part of
the SIP until EPA takes final action approving or disapproving the new
submittal. If EPA disapproves the new submittal, today's conditionally
approved submittal will also be disapproved at that time. If EPA
approves the new submittal, Tennessee's infrastructure SIP will be
fully approved in its entirety and replace the conditionally approved
element in the SIP.

III. Final Action

    EPA is taking final action to approve Tennessee's October 19, 2009,
submission for the 2008 Lead NAAQS, with the exception of the State's
submission related to the PSD requirements of sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), and 110(a)(2)(J), and the section 128(a)(1)
requirements of section 110(a)(2)(E)(ii). For those sections that EPA
is today finalizing approval, EPA has made the determination that TDEC
has addressed the CAA 110(a)(1) and (2) SIP requirements pursuant to
EPA's October 14, 2011, guidance to ensure that the 2008 Lead NAAQS are
implemented, enforced, and maintained in Tennessee. With respect to
Tennessee's October 19, 2009, submission for the 2008 Lead

NAAQS addressing the section 128(a)(1) requirements of section
110(a)(2)(E)(ii), EPA is conditionally approve the State's submission
based on Tennessee's March 28, 2012, commitment to submit a SIP
revision to address the section 128(a)(1) requirements.
    Finally, in this rulemaking, EPA notes that it is not taking final
action related to the PSD portions of sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), and 110(a)(2)(J). EPA intends to take final action
on the portions of Tennessee's infrastructure submission related to the
PSD portions of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and
110(a)(2)(J) in a separate rulemaking.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of 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).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 19, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Lead.

    Dated: May 28, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart RR--Tennessee

0
2. Section 52.2219 paragraphs (c) and (d) are revised to read as
follows:

Sec.  52.2219  Conditional approval.

* * * * *
    (c) Conditional Approval--Submittal from the State of Tennessee,
through the Department of Environment and Conservation (TDEC), dated
October 19, 2009, to address the Clean Air Act (CAA) sections
110(a)(2)(C), prong 3 of 110(a)(2)(D)(i), and 110(a)(2)(J) for the 2008
Lead National Ambient Air Quality Standards. EPA is conditionally
approving TDEC's submittal with respect to the PSD requirements of CAA
sections 110(a)(2)(C), prong 3 of 110(a)(2)(D)(i), and 110(a)(2)(J),
specifically related to the adoption of enforceable provisions for PSD
increments as detailed in TDEC's October 4, 2012, commitment letter.
Tennessee must submit to EPA by March 6, 2014, a SIP revision adopting
specific enforceable measures related to PSD increments as described in
the State's letter of commitment.
    (d) Conditional Approval--Submittal from the State of Tennessee,
through the Department of Environment and Conservation (TDEC), dated
October 19, 2009, to address the Clean Air Act (CAA) section
110(a)(2)(E)(ii) for the 2008 Lead National Ambient Air Quality
Standards. With respect to CAA section 110(a)(2)(E)(ii), specifically
related to the adoption of enforceable measures contained in CAA
section 128(a)(1), EPA published in the Federal Register a final
rulemaking to conditionally approve TDEC's March 28, 2012, commitment
on July 23, 2012. Tennessee must submit to EPA by July 23, 2013, SIP
revisions adopting specific enforceable measures related to CAA
sections 128(a)(1) as described in the State's letter of commitment.
* * * * *

0
3. Section 52.2220(e) is amended by adding a new entry ``110(a)(1) and
(2) Infrastructure Requirements for the 2008 Lead National Ambient Air
Quality Standards'' at the end of the table to read as follows:

Sec.  52.2220  Identification of plan.

* * * * *
    (e) * * *

                                EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                       Applicable
   Name of non-regulatory SIP         geographic or          State       EPA approval date       Explanation
            provision              nonattainment area   effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
110(a)(1) and (2) Infrastructure  Tennessee...........      10/19/2009  06/18/2013 [Insert   With the exception
 Requirements for the 2008 Lead                                          citation of          of section
 National Ambient Air Quality                                            publication].        110(a)(2)(D)(i)(I)
 Standards.                                                                                concerning
                                                                                interstate
                                                                                transport; the
                                                                                portions of
                                                                                sections
                                                                                110(a)(2)(C),
                                                                                prong 3 of
                                                                                110(a)(2)(D)(i),
                                                                                and 110(a)(2)(J)
                                                                                related to PSD,
                                                                                which are being
                                                                                conditionally
                                                                                approved; and
                                                                                section
                                                                                110(a)(2)(E)(ii)
                                                                                as it relates to
                                                                                section 128(a)(1),
                                                                                which is being
                                                                                conditionally
                                                                                approved.
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[FR Doc. 2013-14068 Filed 6-17-13; 8:45 am]
BILLING CODE 6560-50-P