[Federal Register Volume 77, Number 191 (Tuesday, October 2, 2012)]
[Proposed Rules]
[Pages 60087-60089]
[FR Doc No: 2012-24244]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0077; FRL-9735-8]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; The 2002 Base Year Inventory for the Parkersburg Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve the fine particulate matter
(PM2.5) 2002 base year emissions inventory portion of the
West Virginia State Implementation Plan (SIP) revision submitted by the
State of West Virginia, through the West Virginia Department of
Environmental Protection (WVDEP), on September 9, 2008 for the
Parkersburg-Marietta, WV-OH nonattainment area (hereafter referred to
as the Parkersburg Area or Area). The emissions inventory is part of
the West Virginia September 9, 2008 SIP revision that was submitted to
meet nonattainment requirements related to West Virginia's portion of
the Parkersburg Area for the 1997 PM2.5 National Ambient Air
Quality Standard (NAAQS) SIP. EPA is proposing to approve the 2002 base
year PM2.5 emissions inventory for the Parkersburg Area in
accordance with the requirements of the Clean Air Act (CAA).

DATES: Written comments must be received on or before November 1, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0077 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2010-0140, Donna Mastro, Acting Associate

Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2010-0077. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at 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 information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site 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 email comment
directly to EPA without going through www.regulations.gov, your email
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, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
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 www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the West Virginia Department of Environmental
Protection, Division of Air Quality, 601 57th Street SE., Charleston,
West Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background
II. Summary of SIP Revision
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

    Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On July 18, 1997 (62 FR 38652), EPA promulgated the
1997 PM2.5 NAAQS, including an annual standard of 15.0
micrograms per cubic meter ([micro]g/m\3\) based on a 3-year average of
annual mean PM2.5 concentrations, and a 24-hour (or daily)
standard of 65 [micro]g/m\3\ based on a 3-year average of the 98th
percentile of 24-hour concentrations. EPA established the standards
based on significant evidence and numerous health studies demonstrating
that serious health effects are associated with exposures to
PM2.5.
    Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the United States as attaining
or not attaining the NAAQS; this designation process is described in
section 107(d)(1) of the CAA. In 1999, EPA and state air quality
agencies initiated the monitoring process for the 1997 PM2.5
NAAQS and, by January 2001, established a complete set of air quality
monitors. On January 5, 2005, EPA promulgated initial air quality
designations for the 1997 PM2.5 NAAQS (70 FR 944), which
became effective on April 5, 2005, based on air quality monitoring data
for calendar years 2001-03.
    On April 14, 2005, EPA promulgated a supplemental rule amending the
agency's initial designations (70 FR 19844), with the same effective
date (April 5, 2005) at 70 FR 944. As a result of this supplemental
rule, PM2.5 nonattainment designations are in effect for 39
areas, comprising 208 counties within 20 states (and the District of
Columbia) nationwide, with a combined population of approximately 88
million. The Parkersburg Area, which is the subject of this rulemaking,
was included in the list of areas not attaining the 1997
PM2.5 NAAQS. The West Virginia portion of the Parkersburg
Area consists of Wood County and the Grant Tax District of Pleasants
County.
    On November 20, 2009 (74 FR 60199), EPA determined that West
Virginia had attained the 1997 PM2.5 NAAQS in the
Parkersburg Area. That determination was based on complete, quality-
assured, quality-controlled, and certified ambient air monitoring data
for the 2006-2008 three-year period that showed the area attained the
1997 PM2.5 NAAQS and continues to attain the standard. The
November 20, 2009 determination suspended the requirements for West
Virginia to submit an attainment demonstration, associated reasonably
available control measures, a reasonable further progress plan,
contingency measures, and other planning SIP revisions related to
attainment of the standard for so long as the nonattainment area
continues to meet the 1997 PM2.5 NAAQS. Section 172(c)(3) of
the CAA requires submission and approval of a comprehensive, accurate,
and current inventory of actual emissions. This proposed approval is
limited to the emissions inventory for the Parkersburg Area. Separate
action will be taken on the remainder of West Virginia's SIP submittal.

II. Summary of SIP Revision

    The 2002 base year emission inventory submitted by WVDEP on
September 9, 2008 for the Parkersburg Area includes emissions estimates
that cover the general source categories of point sources, non-road
mobile sources, area sources, on-road mobile sources, and biogenic
sources. The pollutants that comprise the inventory are nitrogen oxides
(NOX), volatile organic compounds (VOCs), PM2.5,
coarse particles (PM10), ammonia (NH3) and sulfur
dioxide (SO2). EPA has reviewed the results, procedures and
methodologies for the base year emissions inventory submitted by WVDEP.
The year 2002 was selected by WVDEP as the base year for the emissions
inventory per 40 CFR 51.1008(b). A discussion of the emissions
inventory development as well as the emissions inventory for the
Parkersburg Area can be found in Appendices C and D of the September 9,
2008 SIP submittal.
    Table 1, below, provides a summary of the annual 2002 emissions of
NOX, VOCs, PM2.5, PM10, NH3
and SO2 for the West Virginia portion of the Parkersburg
Area submittal.

                           Table 1--2002 Base Year Inventory--West Virginia Portion of Parkersburg Area in Tons per Year (tpy)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Source sector                             NH3             NOX            PM10            PM2.5            SO2             VOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................              52          21,835           1,769           1,068          70,293           1,162
Area....................................................             117             749           5,005           1,139           1,311           3,859
Nonroad.................................................               1           2,506             130             120             134           1,138
Onroad..................................................              86           2,667              62              44             111           1,956
Biogenic................................................             N/A              99             N/A             N/A             N/A          10,252
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................             255          27,856           6,966           2,372          71,849          18,368
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The CAA section 172(c)(3) emissions inventory is developed by the
incorporation of data from multiple sources. States were required to
develop and submit to EPA a triennial emissions inventory according to
the Consolidated Emissions Reporting Rule (CERR) for all source
categories (i.e., point, area, nonroad mobile and on-road mobile). The
review and evaluation of the methods used for the emissions inventory
submitted by West Virginia are found in the Technical Support Document
dated June 16, 2010, available online at www.regulations.gov, Docket
No. EPA-R03-OAR-2010-0077. EPA finds that the process used to develop
this emissions inventory for the Parkersburg Area is adequate to meet
the requirements of CAA section 172(c)(3), the implementing
regulations, and EPA guidance for emission inventories.

III. Proposed Action

    EPA is proposing to approve the 2002 base year emissions inventory
portion of the SIP revision submitted by the State of West Virginia on
September 9, 2008 for the Parkersburg Area. We have made the
determination that this action is consistent with section 110 of the
CAA. EPA is soliciting public comments on the issues discussed in this
document. These comments will be considered before taking final action.

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 CAA 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 proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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 proposed rule, pertaining to the PM2.5
2002 base year emissions inventory portion of the West Virginia SIP for
the Parkersburg Area, 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.

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

    Dated: September 13, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-24244 Filed 10-1-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 73 (Friday, April 15, 2016)]
[Notices]
[Pages 22263-22264]
[FR Doc No: 2016-08828]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-R05-OW-2016; FRL-9945-18-Region 5]

Change in Public Notice Procedures for EPA Region 5's Proposed
Establishment of TMDLs and Proposed Impaired Waters Listings Under
Section 303(d) of the Clean Water Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of change in public notice procedures.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 5 is
announcing a change to its procedures for issuing public notices
seeking comment when the Region proposes to list impaired waters after
disapproving or partially disapproving a state's list of impaired
waters (303(d) list) under Clean Water Act (CWA) Section 303(d), or the
Region proposes to establish a total maximum daily load (TMDL) under
CWA Section 303(d). For any future proposed action to include waters on
a state's 303(d) list or establish a TMDL, EPA Region 5 will provide
public notice on the 303(d)/TMDL Program Web page (http://www.epa.gov/tmdl/impaired-waters-and-tmdls-region-5) rather than by publication in
the Federal Register.

DATES: This change in procedures will be effective on April 15, 2016.

FOR FURTHER INFORMATION CONTACT: Vilma Rivera-Carrero at<PHONE_NUMBER>
or by email at<EMAIL_ADDRESS>or Donna Keclik at (312)
886-6766 or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This notice announces a change in procedures
by which EPA Region 5 issues public notices seeking comment under 40
CFR 130.7(d)(2) for its proposed listing of impaired waters where the
Region disapproves a state's 303(d) list, or proposes to establish
TMDLs.
    Under Section 303(d)(1)(A) of the CWA, each state is required to
identify and prioritize the waters within its boundaries for which
technology-based effluent limitations and other required controls are
not stringent enough to achieve the applicable water quality standards.
See also 40 CFR 130.7(b)(1). Each state must submit biennially a 303(d)
list to the EPA Regional Administrator for review and approval. See 40
CFR 130.7(d)(1). Within 30 days of a state's submission, EPA must
approve or disapprove the state's list. If EPA disapproves the state's
303(d) list, it must identify the impaired waters that should be listed
within 30 days from the date of disapproval. EPA regulations provide
that the Regional Administrator must promptly issue a public notice
seeking comment on EPA's listing decision. After considering public
comment and making appropriate revisions, the Region is required to
transmit the list to the state. See 40 CFR 130.7(d)(2).
    Under Section 303(d)(1)(C) of the CWA, each state is required to
establish TMDLs for 303(d) listed waters. See also 40 CFR 130.7(c)(1).
After a state develops a TMDL, the state must submit the TMDL to EPA
for review and approval. See 40 CFR 130.7(d)(1). Within 30 days of a
state's submission, EPA must approve or disapprove the state's TMDL. If
EPA disapproves the state's TMDL, it must establish the TMDL within 30
days from the date of disapproval. EPA may also establish TMDLs in
certain circumstances where the State has not previously submitted a
TMDL for review. EPA regulations provide that the Regional
Administrator must promptly issue a public notice seeking comment on
EPA's TMDL. After considering public comment and making appropriate
revisions, the Region is required to transmit the TMDL to the state.
See 40 CFR 130.7(d)(2).
    In the past, EPA Region 5 has issued public notices through
publication in the Federal Register. In light of EPA's quest for
improvements in efficiency, EPA Region 5 intends to notify the public
of listing and TMDL actions under 40 CFR 130.7(d)(2) by placing notices
directly on the Regional Internet Page rather than by publication in
the Federal Register. The Region believes that placing the notices on
the 303(d)/TMDL Program Web page (http://www.epa.gov/tmdl/impaired-
waters-

and-tmdls-region-5) provides a more effective, and efficient of
providing notice. The Region also plans to issue notifications to the
affected states so that these states can include links to the notices
on their state Web sites. The letters and accompanying documents
transmitting final lists and/or federal TMDLs to the state will also be
accessible from the 303(d)/TMDL Program Web page.
    To the extent that this announcement may be considered a rule, EPA
considers it to be a procedural rule, which is exempt from notice and
comment rulemaking requirements under 5 U.S.C. 553(b)(3)(A).

    Authority:  33 U.S.C. 1313(d); 40 CFR 130.7.

    Dated: March 25, 2016.
Tinka G. Hyde,
Director, Water Division, EPA Region 5.
[FR Doc. 2016-08828 Filed 4-14-16; 8:45 am]
 BILLING CODE 6560-50-P


            Supporting Statement for a Request for OMB Review under
                          the Paperwork Reduction Act

 IDENTIFICATION OF THE INFORMATION COLLECTION

      l(a)	Title and Numbers of the Information Collection

	TITLE: 	Correction of Misreported Chemical Substances on the Toxic
			Substances Control Act (TSCA) Chemical Substance Inventory

	EPA ICR No.:  1741.08	OMB Control No.:  2070-0145

	Docket ID No.: EPA-HQ-OPPT-2017-0320

	l(b)	Short Characterization

      Section 8(b) of the Toxic Substances Control Act (TSCA), requires the Environmental Protection Agency (EPA) to compile and keep current an Inventory of Chemical Substances in Commerce (hereinafter "the Inventory"), which is a listing of chemical substances manufactured, imported and processed for commercial purposes in the United States. Individual plant or factory sites producing chemicals submit the required information.

	This information collection request pertains to the use of the TSCA Chemical Substance Inventory Reporting Form C (EPA Form 7710-3C; see Attachment 4 below), which the chemical industry uses exclusively in submitting requests to EPA's Office of Pollution Prevention and Toxics (OPPT) for correcting misreported chemical identities of substances listed on the Inventory. Such requests pertain only to errors discovered in the original submissions to the Inventory when the Inventory was first established in 1979.

	Each year, OPPT receives a small number of such correction requests from chemical companies or their legal representatives. In almost all cases, a submitter who wishes to correct the chemical identity of a substance that was previously misreported for the Inventory initiates these requests for correction. The correction mechanism allows the submitter to add the correct substance to the Inventory without having to file a Premanufacture Notice (PMN) under TSCA section 5.

	In submitting a request for correction, the submitter provides certain basic information to EPA on Form C. This information is stored in one of EPA's mainframe computers. This information allows OPPT to establish a correct chemical identity that accurately reflects the substance the submitter manufactures. Since the Inventory performs a regulatory function by distinguishing between an existing chemical and a new chemical, it is imperative that the Inventory be accurate. A correct Inventory also ensures the accuracy of EPA's chemical screening and risk assessment activities.
2.	NEED FOR AND USE OF THE COLLECTION

	2(a)	Need/Authority for the Collection

	TSCA requires EPA to identify, assess and control risks of injury to human health and the environment posed by commercial chemicals. TSCA section 8(b) requires EPA to compile and keep current a complete list of chemical substances manufactured or processed in, or imported into, the United States. Under TSCA section 8(a) the Administrator of EPA promulgates rules to provide for the maintenance and collection of records from manufacturers, importers and processors of commercial chemicals. The Inventory Update Rule (IUR), which EPA uses periodically to update the TSCA section 8(b) Inventory, is codified at 40 CFR 710. Copies of the relevant sections of TSCA and of the Code of Federal Regulations are attached below (see Attachments 1 and 2, respectively).

	The purpose of the Inventory is to define, for the purpose of TSCA, what chemical substances exist in U.S. commerce. Substances not included on the Inventory are considered to be new substances that are subject to the Premanufacture Notification (PMN) requirements stipulated under section 5(a) of TSCA.

	The need for correcting chemical identities listed on the Inventory arose following the initial Inventory reporting period, when both EPA and the chemical industry recognized that substances submitted for inclusion in the initial Inventory could be, for various reasons, incorrectly described by reporting companies. EPA determined that reported substances may have been unintentionally misidentified as a result of simple typographical errors, the misidentification of substances, or the lack of sufficient technical or analytical capabilities fully to characterize the exact chemical substances. Although not required to do so under TSCA, EPA developed guidelines, at the request of industry, under which industry could correct the chemical identities of incorrectly described substances listed in the Inventory. EPA published these guidelines in the Federal Register on July 29, 1980 (45 FR 50544); see Attachment 3.

	For the Inventory to perform its regulatory function, it must accurately identify those substances that exist in U.S. commerce. Otherwise the Inventory will not be able to provide reliable information that EPA needs in performing chemical screening and risk assessment activities under TSCA. The submitter, on the other hand, must be certain that the substance he/she manufactures or imports is correctly identified on the Inventory, so that he/she will be in full compliance with TSCA reporting requirements. The correction mechanism ensures the accuracy of the Inventory without imposing an unreasonable burden on the chemical industry. Without the Inventory correction mechanism, a submitter would have to file a PMN to place the correct chemical substance on the Inventory whenever finding that the previously reported substance was misidentified. This would impose a much greater burden on both EPA and the submitter than the existing correction mechanism.

      2(b)	Practical Utility/Users of the Data

	OPPT will use the data contained in the correction request to alter the incorrect chemical identities in the Inventory so that the information is complete and accurate. Many branches of the Agency rely on the Inventory when making regulatory decisions. Within OPPT, the Chemical Control Division (CCD) and the Interagency Testing Committee (ITC) frequently use the Inventory. Both CCD and the ITC rely on the accuracy of the Inventory for screening chemical substances for further attention or testing. If the Inventory data were inaccurate, CCD or the ITC could inadvertently screen a fictitious chemical, i.e., a misreported substance not yet corrected on the Inventory.

	As well as providing vital government service, the Inventory provides information necessary to members of industry. Correspondence between the private and public sectors of the U.S. concerning the Inventory is ceaseless. OPPT receives hundreds of inquiries regarding the Inventory each year. These letters are primarily requests for Chemical Abstracts Service (CAS) Registry Numbers or Accession Numbers assigned to a substance, although the Agency also receives a variety of other requests regarding TSCA.

	One such request expresses a bona fide intent to manufacture a chemical substance. A "bona fide" letter requests a formal search of the Inventory for a particular chemical substance. If the substance is included on the Inventory, the potential manufacturer need not submit a PMN. Since failure to submit a PMN for a substance not included on the Inventory, i.e., a new chemical, would constitute a violation of TSCA, the Inventory must be correct to ensure that only substances that are actually manufactured are included. An Inventory correction letter requests a change in the Inventory to correct a previously misreported substance. This correction mechanism allows the Inventory to be kept accurately, thus ensuring that the Agency's responses to industry inquiries, e.g., bona fide, Accession Number and CAS Registry Number requests, are accurate. Furthermore, an accurate Inventory also ensures that the Agency performs risk assessments on the correct chemical substance and that industry will not need to submit unnecessary PMNs.

3.	NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION
	CRITERIA

	3(a)	Non-Duplication

	Not applicable: the required data can only be provided by the submitter and no other government agency collects such information.

	3(b)	Public Notice Required Prior to ICR Submission to OMB

	Prior to submission to OMB, this ICR will be made available to the public for comment through a Federal Register notice. The public will have 60 days to provide comments. Any
comments received will be given consideration when completing the supporting statement that is submitted to OMB.

	3(c)	Consultations

	Under 5 CFR 1320.8(d)(1) OMB requires agencies to consult with potential ICR respondents and data users about specific aspects of ICRs before submitting an original or renewal ICR to OMB for review and approval. In accordance with this regulation, EPA will pursue additional consultations with interested parties during the development of the renewal of this collection.

	3(d)	Effects of Less Frequent Collection

	Not applicable, since the frequency of correction depends wholly on industry.

	3(e)	General Guidelines

	To the best of EPA's knowledge, this collection does not exceed any of the Paperwork Reduction Act guidelines at 5 CFR 1320.6.

	3(f)	Confidentiality

	Respondents may claim information submitted to EPA on the correction form as confidential if release of such information would reveal the submitter's trade secrets or proprietary information, as defined by TSCA section 14. A respondent may claim as confidential any information submitted on the reporting form, except the identity of a chemical substance that the respondent has not claimed as confidential in the existing Inventory data base. Respondents must assert claims of confidentiality at the time they submit the information to EPA and only in the manner specified by EPA.

	On June 22, 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act made several substantive amendments to TSCA. The 2016 amendments include new provisions that impact procedures for how confidential business information (CBI) claims can be made and the Agency's obligations to review and make determinations concerning the validity of the claims. Persons submitting correction requests that claim reported information CBI must follow the general requirements of TSCA section 14 for making such claims, as modified by the specific provisions under TSCA section 8(b). TSCA section 14(c) requires that submitters claiming CBI must provide a specific statement attesting to the basis for the CBI claims. TSCA also requires that all submissions containing information claimed as CBI must also include substantiations in support of the CBI claims.

	Based on its experience, EPA expects that some information included in correction requests, specifically submitter information (company name and contact information), may be claimed as CBI. EPA has established elaborate procedures for handling, storing, processing, and disposing of CBI, in accordance with stipulations set forth at 40 CFR Part 2, subpart B. In general, EPA houses confidential information in secured areas and only persons specifically authorized by EPA may access such information. EPA further restricts access to computer systems containing TSCA CBI to those who have a need for access. Such systems may be accessed only via special computer terminals in restricted areas. Furthermore, the procedures set forth in 40 CFR Part 2, subpart B, strictly govern any transfer of TSCA CBI from EPA to another agency, and the Agency receiving such information must agree to comply fully with EPA procedures.

	Furthermore, this information collection fully complies with the requirements of the Privacy Act of 1974 and OMB Circular A-108.

	3(g)	Sensitive Questions

	Not applicable; this information collection does not include questions of a sensitive nature.

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

	4(a)	Respondents/NAICS Codes

	The respondent community consists of persons manufacturing or importing chemicals listed on the Inventory and regulated under TSCA section 8. In general, the industry segments that compose the respondent community for this information collection are those that produce or import organic chemicals, who have already reported to the initial Inventory effort, and who need to make a correction to that submission. Using North American Industry Classification System (NAICS) codes, these persons are typically classified under Chemical Manufacturing (NAICS 325) and Petroleum and Coal Product Manufacturing (NAICS 324).

	4(b)	Information Requested

		(i) 	Data Items

	The correction request form requires the submitter to include information concerning the chemical substance's identity, plant site where it is produced, production volume, site limitations, and imports/exports of the substance, if applicable. Additionally, the submitter must provide substantiation of any confidentiality claims.

		(ii) 	Respondent Activities

	Most of the information contained on the Form C reporting form is readily accessible to the submitter as "customary business practices," such as production and site-limitation data. The remaining information is equally apparent, e.g., plant site location and whether the submitter imports or manufactures.

	With regard to the chemical substance identity requirement, such data should be predetermined before the time of an Inventory correction submission. Since industry almost exclusively initiates corrections to the Inventory, the submitter presumably has already determined the new chemical substance identity before he/she is able to conclude that the substance was previously misidentified. Therefore, the information required to submit a correction request is readily available to the submitter, who needs only to transpose the data to the form the Agency provides.

	Furthermore, if, for whatever reason, the submitter is unable to produce a suitable technical name for the corrected substance, he/she need only provide the Agency with information concerning the reaction mechanism, including all reactants. In such a case, EPA will devise an appropriate name for the chemical substance.

	It is significant to note that in almost all cases it is industry, not EPA, that initiates correction requests. The Agency does not require industry to provide correction information nor does EPA have an obligation to provide a correction mechanism or to specify a reporting format. The correction mechanism exists at the request of industry and the EPA form is used because it reduces the burden on both the Agency and industry by providing a clear format for the data. Because the Form C has been in use since the initial Inventory reporting period, submitters are generally familiar with the format and with the information needed to complete the form. Furthermore, use of the form guards against delays due to incomplete submissions, as the form clearly outlines the required information.

5.	THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION
	METHODOLOGY, AND INFORMATION MANAGEMENT

	5(a) 	Agency Activities

	As a result of the correction mechanism, the Agency must review the original submissions to determine whether a correction is needed. Once EPA confirms the validity of the correction, the Agency will process the correction information. EPA will maintain the confidentiality of the information at the request of the submitter, and will forward the results to the Chemical Abstracts Service (CAS) where the data are stored. EPA will add the corrected chemical substance to the Inventory while the incorrectly reported substance will become a candidate for deletion from the Inventory, if no other person has reported the same substance, through notice and comment rulemaking. Additionally, EPA will analyze submissions for confidentiality, review CBI substantiation claims, and provide appropriate protection for confidential data

	5(b) 	Collection Methodology and Management

	EPA sends all of the submitted information, after processing, to an EPA contractor, Chemical Abstracts Service (CAS), whereupon the contractor enters the information to a computerized system. The public is able to access non-confidential data through commercial on-line systems, or on compact discs (CDs) available from the National Technical Information Service (NTIS).

	5(c) 	Small Entity Flexibility

	No small entity exemption exists. A small entity exemption would be meaningless or counterproductive to the interests of small entities who may wish to submit corrections. In addition, the amount of information required to complete a correction request is minimal. Furthermore, the correction cannot be processed without each piece of information requested, as only essential data are solicited. Any small entity simplification of the correction process would fail to provide the Agency with the pertinent information needed to make a correction.

	5(d) 	Collection Schedule

	Not applicable since industry, not EPA, initiates corrections as necessary.

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

	6(a) 	Estimating Respondent Burden

      This ICR addresses an information collection effort that has been undertaken in the same manner since 1980.  Over time, the need for correcting the initial Inventory entries has diminished, given that most of the necessary corrections presumably have been discovered and made by now, after over 30 years and several Chemical Data Reporting (CDR) cycles.   With the passage of the Frank R Lautenberg Chemical Safety Act for the 21[st] Century, additional burden per submission is incurred to meet CBI substantiation requirements for Chemical Identity and for other (non-chem ID) data elements. A base set of substantiation questions apply to the confidentiality claims for all data elements, with an additional set of questions that apply to the confidentiality claims for chemical substance identity. However, as stated in the previous ICR, EPA still estimates the number of respondents to be no more than nine per year, based on recent experience, with resulting total burden and cost at minimal levels.

      6(b) 	Estimating Respondent Burden and Cost

      Table 1 presents unit burden per submission involving one chemical substance. Table 2 provides wage rates according to labor category. Table 3 provides unit cost per submission. Table 4 summarizes unit burdens and costs and provides total burden/cost for nine submissions. Burden estimates for form completion and recordkeeping (items 1 and 4) are the same as in the previous ICR. Burden estimates for CBI substantiation are obtained from the recent ICR supporting statement associated with the EPA Inventory (Active-Inactive) Notification rule (EPA 2017). Annual total respondent burden/cost are estimated at 39.24 hours / $3,029.72 per year.

Table 1: Respondent Unit Burden per Form C
                              Respondent Activity
                               Managerial Hours
                                Technical Hours
                                Clerical Hours
                              Overall Unit Burden
Certification Statement, Plant Site Information, Technical Contact, Production Range: by Activity (M/I), and Site-Limited, Chemical Substance Identity (Number, Name, Class), CBI Designations
                                                                           0.50
                                                                           1.50

                                     2.00
Chemical Identity CBI Substantiation
                                                                           0.38
                                                                           0.77

                                     1.15
Non-Chemical ID CBI Substantiation
                                                                           0.32
                                                                           0.64

                                     0.96
Recordkeeping

                                                                           0.25
                                     0.25
 TOTAL

                                     4.36
Source for CBI Substantiation Estimates: Supporting Statement:TSCA Section 8(b) Reporting Requirements for TSCA Inventory Notification (US EPA June, 2017).

Table 2: Industry Wage Rates (2016$)
                                Labor Category
                                 Data Series a
                                     Date
                                     Wage
                                Fringe Benefit
                               Fringes as % Wage
                             Over-head % wage [b]
                         Fringe + Overhead Factor [c]
                            Hourly Loaded Wages [d]

                                      (a)
                                      (b)
                                 (c) =(b)/(a)
                                      (d)
                                 (e)=(c)+(d)+1
                                 (f)=(a)x(e)
Managerial
BLS ECEC, Private Manufacturing industries, "Mgt, Business, and Financial"
                                    Dec-16
                                    $50.09
                                    $24.65
                                      49%
                                      17%
                                     1.66
                                    $83.26
Professional / Technical
BLS ECEC, Private Manufacturing industries, "Professional and related"
                                    Dec-16
                                    $45.66
                                    $24.98
                                      55%
                                      17%
                                     1.72
                                    $78.40
Clerical
BLS ECEC, Private Manufacturing industries, "Office and Administrative Support"
                                    Dec-16
                                    $20.29
                                    $10.52
                                      52%
                                      17%
                                     1.69
                                    $34.26
Footnotes:
[a] Source: Employer Costs for Employee Compensation Supplementary Tables: December 2006  -  December 2016 (U.S. Bureau of Labor Statistics, 2017).
[b] An overhead rate of 17% is used based on assumptions in Wage Rates for Economic Analysis of the Toxics Release Inventory Program (Rice, 2002), and the Revised Economic Analysis for the Amended Inventory Update Rule: Final Report (U.S. EPA, 2002).
[c] The inflation factor of "1" in the formula for calculating the fringe + overhead factor means wage data are not escalated to reflect inflation.
[d] Wage data are rounded to the closest cent in this analysis.

Table 3: Respondent Unit Cost per Form C
                              Respondent Activity
                                     Hours
                          Activity Average Wage Rate
                               Overall Unit Cost
Certification Statement, Plant Site Information, Technical Contact, Production Range: by Activity (M/I), and Site-Limited, Chemical Substance Identity (Number, Name, Class), CBI Designations
                                     2.00
                                                                         $79.62
                                                                        $159.24
Chemical Identity CBI Substantiation
                                     1.15
                                                                         $80.01
                                                                         $92.01
Non-Chemical ID CBI Substantiation
                                     0.96
                                                                         $80.02
                                                                         $76.82
Recordkeeping
                                     0.25
                                                                         $34.26
                                                                          $8.57
 TOTAL
                                     4.36

                                    $336.64

Table 4: Respondent Total Burden and Cost
                              Respondent Activity
                              Overall Unit Burden
                                 Total Burden
                          Activity Average Wage Rate
                               Overall Unit Cost
                                  Total Cost
Certification Statement, Plant Site Information, Technical Contact, Production Range: by Activity (M/I), and Site-Limited, Chemical Substance Identity (Number, Name, Class), CBI Designations
                                     2.00
                                                                          18.00
                                                                         $79.62
                                                                        $159.24
                                                                      $1,433.16
Chemical Identity CBI Substantiation
                                     1.15
                                                                          10.35
                                                                         $80.01
                                                                         $92.01
                                                                        $828.10
Non-Chemical ID CBI Substantiation
                                     0.96
                                                                           8.64
                                                                         $80.02
                                                                         $76.82
                                                                        $691.37
Recordkeeping
                                     0.25
                                                                           2.25
                                                                         $34.26
                                                                          $8.57
                                                                         $77.09
 TOTAL

                                                                          39.24

                                   $3,029.72

	6(c)	Estimating Agency Burden and Cost

      Costs associated with this collection include the printing and distributing of reporting forms, providing reporting assistance, reviewing and processing of the report forms and entry of data into the Inventory databases.  Table 5 provides the Loaded Wage Rate for Agency staff and Table 6 details Agency activities, burdens, and cost. Annual total Agency cost is estimated at $3,573.63 per year.

Table 5: Agency Wage Rate (2016$)
                                Labor Category
                       Data Source for Wage Information
                                 Wage ($/hour)
                                Fringe Benefit
                               Fringes as % wage
                              Overhead as % wage
                           Fringe + Overhead Factor
                              Loaded Wage ($/hr)

                                      (a)
                                      (b)
                                (c) = (b) / (a)
                                      (d)
                              (e) = (c) + (d) + 1
                                (f) = (a) * (e)
EPA staff
Annual federal staff cost: OPM Washington-Baltimore-Northern Virginia, DC-MD-PA-VA-WV area, GS-12 Step 1 pay rates [a]
                                    $37.13
Included in 60% overhead
                                      N/A
                                    60% [b]
                                      1.6
                                    $59.41

Footnotes:
a Source: U.S. Office of Personnel Management. (2016). Salary Table 2016-DCB. Retrieved March 21, 2016, from Pay & Leave: Salaries & Wages: www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/16Tables/html/DCB_h.aspx.
[b] The 60 percent fringes-and-overhead rate is from an EPA guide, Instructions for Preparing ICRs (US EPA, 2009).

Table 6. Agency Burden and Cost for Corrections to the TSCA Inventory
                                   Activity
                                    Burden
                               IC Burden (Hours)
                                 Labor Cost[a]
                                Non-Labor Cost
                              Total Cost (2016$)

                      Staff review of correction request

                            2 hours x 9 submissions
                                      18
                                   $1,069.38

                                   $1,069.38
                     Submission processing and data entry
                            2 hours x 9 submissions
                                      18
                        Included in non-labor estimate
                            $275.25 x 9 submissions
                                   $2,504.25
                                   $2,504.25
Total

                                      36

                                   $3,573.63
Footnotes:
[a]   All FTE hours are associated with a labor cost based on wage rate for GS-12 Step 1 of $37.13/hour (OPM, 2016)
[b]   Based on contractor's fee plus an estimate of 2 hour EPA time (0.50 non-exempt and 1.5 exempt).

      6(d)	Bottom Line Burden Hours and Cost

		(i)	Respondent Burden
			Burden: 39.24 hours
			Cost: $3,029.72

		(ii)	Agency Burden
			Burden: 36 hours
			Cost: $3,573.63

		(iii)	The complex collection - Not applicable.

		(iv)	Variations in the annual bottom line - Not applicable.

 	6(e)	Reasons for Change in Burden
	This request represents a net increase of about 19 hours from that currently in the OMB inventory (from 20.25 to 39.24 hours). This increase reflects program changes in CBI substantiation requirements, as enacted in the Frank R Lautenberg Chemical Safety Act for the 21st Century.

 	6(f)	Burden Statement
	The annual public burden for this collection of information, which is approved under OMB Control No. 2070-0145, is estimated to be 2.25 hour per response. Burden is defined in 5 CFR 1320.3(b). An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9 and included on the related collection instrument or form, if applicable.

      The Agency has established a public docket for this ICR under Docket ID No. EPA-HQ-OPPT-2017-0320, which is available for online viewing at www.regulations.gov, or in person viewing at the Pollution Prevention and Toxics Docket in the EPA Docket Center (EPA/DC). The EPA/DC Public Reading Room is located in the WJC West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC.  The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the EPA/DC Public Reading Room is<PHONE_NUMBER>, and the telephone number for the Pollution Prevention and Toxics Docket is<PHONE_NUMBER>.

	You may submit comments regarding the Agency's need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden, including the use of automated collection techniques. Submit your comments, referencing Docket ID No. EPA-HQ-OPPT-2017-0320 and OMB Control No. 2070-0145, to (1) EPA online using www.regulations.gov (our preferred method), or by mail to: Pollution Prevention and Toxics Docket, Environmental Protection Agency Docket Center (EPA/DC), Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW, Washington, DC 20503.

                    ATTACHMENTS TO THE SUPPORTING STATEMENT

	Attachments to the supporting statement are available in the public docket established for this ICR under Docket ID No. EPA-HQ-OPPT-2017-0320. These attachments are available for online viewing at http://www.regulations.gov.

Attachment 1:	Toxic Substances Control Act Section 8 (15 USC 2607)

Attachment 2:	Inventory Reporting Regulations (40 CFR 710)

Attachment 3:	Availability of TSCA Revised Inventory (45 FR 50544)

Attachment 4:	TSCA Chemical Substance Inventory Reporting Form C (EPA Form
			7710-3C)

 References

BLS. (2017). Employer Costs for Employee Compensation Historical Supplementary Tables: December 2006 - December 2016. Retrieved from http://www.bls.gov/ncs/ect/sp/ecsuphst.pdf
EPA. (2009). ICR Handbook: EPA's Guide to Writing Information Collection Requests under the Paperwork Reduction Act of 1995. Retrieved from https://www.pdffiller.com/10247637--ICR-Handbook---Environmental-Protection-Agency-
EPA. (2017). Supporting Statement for a Request for OMB Review under the Paperwork Reduction Act: TSCA Section 8(b) Reporting Requirements for TSCA Inventory Notification. Retrieved from https://www.regulations.gov/document?D=EPA-HQ-OPPT-2016-0426-0089
OPM. (2016). Pay & Leave: Salaries & Wages: Salary Table 2016-DCB. Retrieved from www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/16Tables/html/DCB_h.aspx
Rice, C. (2002). Wage Rates for Economic Analysis of the Toxics Release Inventory Program. Retrieved from https://www.regulations.gov/document?D=EPA-HQ-OPPT-2014-0650-0005


 MEMORANDUM

DATE:08/22/2014 FROM: 		Laura Farris/EPA Region 8 TO:CLEAN Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602 SUBJECT:	Sierra Club  -  Metro Denver Chapter Meeting - August 20, 2014

SUMMARY:         Laura Farris, EPA Region 8, met with members of the Metro Denver Chapter of the Sierra Club on Wednesday, August 20, 2014, to discuss various aspects of the proposed rule under section 111(d) of the Clean Air Act. The rule was proposed on June 2, 2014.

ATTENDEES:

EPA Region 8 Laura Farris

Metro Denver Sierra Club See attached


[Federal Register: May 28, 2010 (Volume 75, Number 103)]
[Notices]
[Page 30105-30106]
[DOCID:fr28my10-155]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

Solicitation of Applications for Fiscal Year (FY) 2010 Motor
Carrier Safety Assistance Program (MCSAP) High Priority Grant Funding

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

ACTION: Notice.

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

SUMMARY: FMCSA announces that on May 21 it published an opportunity to
apply for FY 2010 MCSAP High Priority grant funding on the grants.gov
Web site (http://www.grants.gov).

DATES: FMCSA will initially consider funding for applications submitted
by July 1, 2010. If additional funding remains available, applications
submitted after that date will be considered on a case-by-case basis.

FOR FURTHER INFORMATION CONTACT: Ms. Cim Weiss, Federal Motor Carrier
Safety Administration, Office of Safety Programs, State Programs
Division (MC-ESS),<PHONE_NUMBER>, 1200 New Jersey Avenue, SE.,
Washington, DC 20590. Office hours are from 8:00 a.m. to 4:30 p.m.,
EST., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: The Consolidated Appropriations Act of 2010
provides grant funding for Commercial Motor Vehicle (CMV) safety
programs as authorized under the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users, Public Law 111-147, 124
Stat. 71 (2010); Public Law 109-59, 119 Stat. 1144 (2005).
    This notice announces the availability of approximately $2,000,000
in un-awarded FY 2010 funding for MCSAP High Priority projects. These
funds are available for activities conducted by State agencies, local
governments, and organizations representing government

agencies that use and train qualified officers and employees in
coordination with State motor vehicle safety agencies. Post-secondary
institutions of higher education are also eligible to receive funding.
Funds are allocated in accordance with the provisions of 49 CFR 350.313
and 49 CFR 350.319. Applicants are encouraged to submit performance-
based proposals that represent innovative strategies to support,
enrich, or evaluate CMV safety programs. Priority for selection will be
given to proposals with potential for nation-wide implementation, such
as programs that support:
     The DOT's continuing effort to combat distracted driving
by CMV drivers;
     Outreach that promotes safe driving practices by teen
drivers around CMVs; and
     The development of a proof of concept, validating the
Ticketing Aggressive Cars and Trucks (TACT) evaluation component's
contribution to reducing CMV crash and fatality rates.
    All applicants must submit an electronic application package
through grants.gov. To apply using the grants.gov process, the
applicant must be registered with grants.gov. To register, go to http:/
/www.grants.gov/applicants/get_registered.jsp. The applicant must
download the grant application package, complete the grant application
package, and submit the completed grant application package.
    This can be done on the Internet at http://www.grants.gov/
applicants/apply_for_grants.jsp. The Catalogue of Federal Domestic
Assistance number for MCSAP is 20.218.

    Issued on: May 20, 2010.
William A. Quade,
Associate Administrator for Enforcement and Program Delivery.
[FR Doc. 2010-12831 Filed 5-27-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Rules and Regulations]
[Pages 34559-34561]
[FR Doc No: 2013-13366]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30902; Amdt. No. 3537]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective June 10, 2013. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 10, 2013.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169; or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Availability-- All SIAPs and Takeoff Minimums and ODPs are
available online free of charge. Visit http://www.nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420), Flight Technologies and Programs
Divisions, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, part 97 (14 CFR part 97), by establishing,
amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPS.
The complete regulators description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20. The applicable FAA
Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, in addition
to their complex nature and the need for a special format make
publication in the Federal Register expensive and impractical.
Furthermore, airmen do not use the regulatory text of the SIAPs,
Takeoff Minimums or ODPs, but instead refer to their depiction on
charts printed by publishers of aeronautical materials. The advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP, Takeoff Minimums and ODP listed on
FAA forms is unnecessary. This amendment provides the affected CFR
sections and specifies the types of SIAPs and the effective dates of
the, associated Takeoff Minimums and ODPs. This amendment also
identifies the airport and its location, the procedure, and the
amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and

textual ODP amendments may have been issued previously by the FAA in a
Flight Data Center (FDC) Notice to Airmen (NOTAM) as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for some
SIAP and Takeoff Minimums and ODP amendments may require making them
effective in less than 30 days. For the remaining SIAPS and Takeoff
Minimums and ODPS, an effective date at least 30 days after publication
is provided.
    Further, the SIAPs and Takeoff Minimums and ODPS contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPS and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPS, Takeoff Minimums and
ODPs are impracticable and contrary to the public interest and, where
applicable, that good cause exists for making some SIAPs effective in
less than 30 days.

Conclusion

    The FAA has determined that this 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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (air).

    Issued in Washington, DC, on May 24, 2013.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0902 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35   [Amended]

Effective 27 JUNE 2013

Gustavus, AK, Gustavus, GUSTAVUS ONE, Graphic DP
Gustavus, AK, Gustavus, Takeoff Minimums and Obstacle DP, Amdt 3
Homer, AK, Homer, LOC/DME BC RWY 22, Amdt 5
Homer, AK, Homer, RNAV (GPS) Y RWY 4, Amdt 1
Homer, AK, Homer, RNAV (GPS) Y RWY 22, Amdt 1
Homer, AK, Homer, RNAV (GPS) Z RWY 4, Amdt 1
Homer, AK, Homer, RNAV (GPS) Z RWY 22, Amdt 1
Homer, AK, Homer, Takeoff Minimums and Obstacle DP, Amdt 2
Cullman, AL, Cullman Regional Airport--Folsom Field, RNAV (GPS) RWY
2, Orig-C
Cullman, AL, Cullman Regional Airport--Folsom Field, RNAV (GPS) RWY
20, Orig-B
Cullman, AL, Cullman Regional Airport--Folsom Field, Takeoff
Minimums and Obstacle DP, Amdt 2A
Carlsbad, CA, McClellan-Palomar, RNAV (GPS) X RWY 24, Orig
Carlsbad, CA, McClellan-Palomar, RNAV (GPS) Y RWY 24, Amdt 3
San Francisco, CA, San Francisco Intl, LOC/DME Y RWY 28L, Orig
San Francisco, CA, San Francisco Intl, LOC/DME Y RWY 28R, Orig
San Francisco, CA, San Francisco Intl, RNAV (GPS) RWY 28L, Amdt 3
San Francisco, CA, San Francisco Intl, RNAV (GPS) PRM RWY 28L
(SIMULTANEOUS CLOSE PARALLEL), Orig
San Francisco, CA, San Francisco Intl, RNAV (GPS) PRM X RWY 28R
(SIMULTANEOUS CLOSE PARALLEL), Orig
San Francisco, CA, San Francisco Intl, RNAV (GPS) X RWY 28R, Orig
San Francisco, CA, San Francisco Intl, RNAV (GPS) Z RWY 28R, Amdt 3
San Francisco, CA, San Francisco Intl, RNAV (RNP) Y RWY 28R, Amdt 1
Fort Lauderdale, FL, Fort Lauderdale/Hollywood Intl, RNAV (GPS) Y
RWY 28R, Amdt 3A
Atlanta, GA, Hartsfield-Jackson Atlanta Intl, RNAV (GPS) Y RWY 8L,
Amdt 3
Atlanta, GA, Hartsfield-Jackson Atlanta Intl, RNAV (RNP) Z RWY 8L,
Amdt 1
Atlanta, GA, Hartsfield-Jackson Atlanta Intl, RNAV (RNP) Z RWY 28,
Amdt 2
Chicago, IL, Chicago Midway Intl, ILS OR LOC/DME RWY 31C, Amdt 2
Chicago, IL, Chicago Midway Intl, RNAV (GPS) Z RWY 4R, Amdt 3B
Chicago, IL, Chicago Midway Intl, RNAV (GPS) Z RWY 31C, Amdt 3
Chicago, IL, Chicago Midway Intl, RNAV (RNP) Y RWY 4R, Orig
Chicago, IL, Chicago Midway Intl, RNAV (RNP) Y RWY 13C, Amdt 2
Chicago, IL, Chicago Midway Intl, RNAV (RNP) Y RWY 31C, Orig
Boston, MA, General Edward Lawrence Logan Intl, RNAV (GPS) RWY 32,
Orig-C
Falmouth, MA, Cape Cod Coast Guard Air Station, TACAN RWY 14, Amdt 2
Mansfield, MA, Mansfield Muni, RNAV (GPS) RWY 32, Orig-A
Detroit, MI, Detroit Metropolitan Wayne County, ILS PRM RWY 3R, ILS
PRM RWY 3R (CAT II), ILS PRM RWY 3R (CAT III) (SIMULTANEOUS CLOSE
PARALLEL), Orig-C
Detroit, MI, Detroit Metropolitan Wayne County, ILS PRM RWY 4R, ILS
PRM RWY 4R (CAT II), ILS PRM RWY 4R (CAT III) (SIMULTANEOUS CLOSE
PARALLEL), Orig-B
Detroit, MI, Detroit Metropolitan Wayne County, ILS PRM RWY 21L
(SIMULTANEOUS CLOSE PARALLEL), Orig-D
Detroit, MI, Detroit Metropolitan Wayne County, ILS PRM RWY 22L
(SIMULTANEOUS CLOSE PARALLEL), Orig-B
Detroit, MI, Detroit Metropolitan Wayne County, ILS PRM Y RWY 4L
(SIMULTANEOUS CLOSE PARALLEL), Orig-D
Detroit, MI, Detroit Metropolitan Wayne County, ILS PRM Y RWY 22R
(SIMULTANEOUS CLOSE PARALLEL), Orig-D
Detroit, MI, Detroit Metropolitan Wayne County, RNAV (GPS) RWY 4R,
Amdt 1B
Worthington, MN, Worthington Muni, VOR RWY 18, Amdt 10
Sikeston, MO, Sikeston Memorial Muni, RNAV (GPS) RWY 2, Amdt 1
Sikeston, MO, Sikeston Memorial Muni, RNAV (GPS) RWY 20, Amdt 2
Prentiss, MS, Prentiss-Jefferson Davis County, RNAV (GPS) RWY 12,
Amdt 1
Prentiss, MS, Prentiss-Jefferson Davis County, RNAV (GPS) RWY 30,
Amdt 2
Nashua, NH, Boire Fld, ILS OR LOC RWY 14, Amdt 1
Nashua, NH, Boire Fld, NDB RWY 14, Orig
Nashua, NH, Boire Fld, RNAV (GPS) RWY 14, Amdt 1
Nashua, NH, Boire Fld, RNAV (GPS) RWY 32, Amdt 1
Nashua, NH, Boire Fld, Takeoff Minimums and Obstacle DP, Amdt 4
Nashua, NH, Boire Fld, VOR-A, Amdt 12
Buffalo, NY, Buffalo Niagara Intl, ILS OR LOC RWY 5, Amdt 16
Buffalo, NY, Buffalo Niagara Intl, ILS OR LOC RWY 23, Amdt 31

Buffalo, NY, Buffalo Niagara Intl, RNAV (GPS) RWY 14, Amdt 2
New York, NY, John F Kennedy Intl, RNAV (RNP) Z RWY 22L, Amdt 1
Allentown, PA, Lehigh Valley Intl, ILS OR LOC RWY 6, Amdt 23
Allentown, PA, Lehigh Valley Intl, ILS OR LOC RWY 13, Amdt 7
Allentown, PA, Lehigh Valley Intl, ILS OR LOC/DME RWY 24, Amdt 1
Allentown, PA, Lehigh Valley Intl, RNAV (GPS) RWY 6, Amdt 1
Allentown, PA, Lehigh Valley Intl, RNAV (GPS) RWY 13, Amdt 1
Allentown, PA, Lehigh Valley Intl, RNAV (GPS) RWY 24, Amdt 1
Allentown, PA, Lehigh Valley Intl, RNAV (GPS) RWY 31, Amdt 2
Allentown, PA, Lehigh Valley Intl, RNAV (GPS) Z RWY 6, Orig,
CANCELED
Allentown, PA, Lehigh Valley Intl, RNAV (GPS) Z RWY 13, Orig,
CANCELED
Allentown, PA, Lehigh Valley Intl, VOR-A, Amdt 10
Grove City, PA, Grove City, RNAV (GPS) RWY 10, Amdt 1
Grove City, PA, Grove City, RNAV (GPS) RWY 28, Amdt 1
Grove City, PA, Grove City, Takeoff Minimums and Obstacle DP, Amdt 4
Grove City, PA, Grove City, VOR/DME-A, Amdt 7
Charleston, SC, Charleston AFB/Intl, RNAV (RNP) Z RWY 33, Orig-A
Cleveland, TN, Cleveland Rgnl Jetport, RNAV (GPS) RWY 3, Orig
Cleveland, TN, Cleveland Rgnl Jetport, RNAV (GPS) RWY 21, Orig
Cleveland, TN, Cleveland Rgnl Jetport, Takeoff Minimums and Obstacle
DP, Orig
Murfreesboro, TN, Murfreesboro Muni, RNAV (GPS) RWY 36, Amdt 2
Brownsville, TX, Brownsville/South Padre Island Intl, ILS OR LOC RWY
13R, Amdt 1A
Brownsville, TX, Brownsville/South Padre Island Intl, LOC BC RWY
31L, Amdt 11D
Brownsville, TX, Brownsville/South Padre Island Intl, RNAV (GPS) RWY
13R, Amdt 2
Dallas-Fort Worth, TX, Dallas/Fort Worth Intl, ILS OR LOC RWY 13R,
ILS RWY 13R (SA CAT I), ILS RWY 13R (SA CAT II), Amdt 9
Dallas, TX, Dallas Love Field, ILS OR LOC Y RWY 13L, Amdt 32
Dallas, TX, Dallas Love Field, RNAV (GPS) Y RWY 13L, Amdt 1
Dallas, TX, Dallas Love Field, RNAV (GPS) Z RWY 13L, Amdt 2
Harlingen, TX, Valley Intl, RNAV (GPS) RWY 17L, Amdt 2A
Littlefield, TX, Littlefield Muni, NDB RWY 1, Amdt 1
Littlefield, TX, Littlefield Muni, RNAV (GPS) RWY 1, Orig
Littlefield, TX, Littlefield Muni, Takeoff Minimums and Obstacle DP,
Orig
Waco, TX, Waco Rgnl, RNAV (GPS) RWY 1, Amdt 1
Salt Lake City, UT, Salt Lake City Intl, RNAV (GPS) RWY 35, Amdt 2
Wisconsin Rapids, WI, Alexander Field South Wood County, GPS RWY 20,
Orig-B, CANCELED
Wisconsin Rapids, WI, Alexander Field South Wood County, RNAV (GPS)
RWY 2, Orig
Wisconsin Rapids, WI, Alexander Field South Wood County, RNAV (GPS)
RWY 20, Orig

Charleston, WV, Yeager, RNAV (GPS) Y RWY 5, Amdt 1
Charleston, WV, Yeager, RNAV (GPS) Y RWY 23, Amdt 1
Charleston, WV, Yeager, RNAV (RNP) Z RWY 23, Orig

    RESCINDED: On May 01, 2013 (78 FR 25384), the FAA published an
Amendment in Docket No. 30896, Amdt No. 3531 to Part 97 of the
Federal Aviation Regulations under section 97.33. The following
entries for Livingston, TN, effective 27 June 2013, are hereby
rescinded in their entirety:

Livingston, TN, Livingston Muni, RNAV (GPS) RWY 3, Amdt 1
Livingston, TN, Livingston Muni, RNAV (GPS) RWY 21, Amdt 1

    RESCINDED: On May 14, 2013 (78 FR 28135), the FAA published an
Amendment in Docket No. 30898, Amdt No. 3533 to Part 97 of the
Federal Aviation Regulations under section 97.29 and 97.33. The
following entries for Miami, FL, effective 27 June 2013, are hereby
rescinded in their entirety:

Miami, FL, Miami Intl, ILS OR LOC RWY 9, Amdt 10
Miami, FL, Miami Intl, RNAV (GPS) RWY 9, Amdt 1

[FR Doc. 2013-13366 Filed 6-7-13; 8:45 am]
BILLING CODE 4910-13-P


Served: March 23, 2006

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 23rd of March, 2006

INTRA ALASKA BUSH SERVICE MAIL RATES

Docket OST-2003-14694

				PROCEDURAL NOTICE

Order 2006-3-5, March 7, 2006, directed parties to show cause by
March 27, 2006, why the bush mail rates in that order should not be
finalized.  On March 22, Peninsula Airways, Inc., (PenAir) filed a
motion under 14 CFR 302.11, to extend the deadline for comments by 30
days.  PenAir stated that we should grant its request because it needs
additional time to evaluate the data behind the proposed rates and to
formulate a response, and because the order tentatively decreased the
rates by a significant amount.  PenAir states that the Postal Service
would not object to the 30-day extension.  On March 23, the
Consolidated Carriers stated that, although “the Order and its
supporting exhibits were clear and definitive, and the data on which the
Order is based have been available for many weeks,” it supports an
extension until at least April 10, 2006.

Given the overlap between deadlines for answers to PenAir’s motion,
which is March 28, and comments to Order 2006-3-5, which is March 27,
and given the responses of the parties already filed we believe that it
is in the public interest to act before answers to the motion are due.
We therefore grant Penn Air’s motion to extend the date for comments
to Order 2006-3-5 until April 26, 2006.

TODD M. HOMAN

Acting Director

Office of Aviation Analysis

-  PAGE 2  -


[Federal Register Volume 78, Number 135 (Monday, July 15, 2013)]
[Notices]
[Page 42068]
[FR Doc No: 2013-16836]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped chronologically, in ascending order. These filings are
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the eLibrary link. Enter the docket number, excluding the last three
digits, in the docket number field to access the document. For
assistance, please contact FERC, Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

----------------------------------------------------------------------------------------------------------------
             Docket No.                      Filed date                      Presenter or requester
----------------------------------------------------------------------------------------------------------------
CP13-83-000.........................  06-10-13                  Susan Thornton, Ph.D.\1\
Exempt:
    1. P-13590-000..................  05-28-13                  FERC Staff.\2\
    2. P-10808-000..................  06-17-13                  Hon. Sander Levin.
    3. ER12-959-000.................  06-18-13                  Hon. Frank D. Lucas.
    4. P-10808-000..................  06-18-13                  Hon. Dave Camp.\3\
    5. P-10808-000..................  06-27-13                  Hon. Dave Camp.
    6. CP09-30-000..................  07-03-13                  Hon. Rodney P. Frelinghuysen.
    7. EC13-114-000.................  07-08-13                  Gov. Edmund G. Brown Jr.
----------------------------------------------------------------------------------------------------------------
\1\ Email record.
\2\ Email records dated 5/28, 5/30 and 6/11/2013. Phone records dated 6/3 and 6/5/2013.
\3\ Email record.

    Dated: July 9, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-16836 Filed 7-12-13; 8:45 am]
BILLING CODE 6717-01-P