[Federal Register Volume 82, Number 112 (Tuesday, June 13, 2017)]
[Rules and Regulations]
[Pages 27014-27015]
[FR Doc No: 2017-12113]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0418]

Multiple Safety Zones; Fireworks Displays in Captain of the Port
New York Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce various safety zones within the
Captain of the Port New York Zone on the specified dates and times.
This action is necessary to ensure the safety of vessels, spectators
and participants from hazards associated with fireworks displays and
swim events. During the enforcement period, no person or vessel may
enter the safety zones without permission of the Captain of the Port
(COTP).

DATES: The regulation for the safety zones described in 33 CFR 165.160
will be enforced on the dates and times listed in the table below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email Petty Officer First Class Ronald Sampert U.S.
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety
zones listed in 33 CFR 165.160 on the specified dates and times as
indicated in the Table below. This regulation was published in the
Federal Register on November 9, 2011 (76 FR 69614).

                                 Table 1
------------------------------------------------------------------------

------------------------------------------------------------------------
1. Orchard Beach, The Bronx Safety        Launch site: All
 Zone, 33 CFR 165.160(3.11).              waters of Long Island Sound in
                                          an area bound by the following
                                          points: 40[deg]51'43.5'' N.
                                          073[deg]47'36.3'' W.; thence
                                          to 40[deg]52'12.2'' N.
                                          073[deg]47'13.6'' W.; thence
                                          to 40[deg]52'02.5'' N.
                                          073[deg]46'47.8'' W.; thence
                                          to 40[deg]51'32.3'' N.
                                          073[deg]47'09.9'' W. (NAD
                                          1983), thence to the point of
                                          origin.
                                          Date: June 29, 2017.
                                          Time: 9:00 p.m.-10:00
                                          p.m.
2. Fort Hamilton Safety Zone, 33 CFR      Launch site: A barge
 165.160(2.14).                           located in approximate
                                          position 40[deg]36'00'' N.
                                          074[deg]01'42.5'' W. (NAD
                                          1983) approximately 1400 yards
                                          southeast of the Verrazano-
                                          Narrows Bridge. This Safety
                                          Zone is a 240-yard radius from
                                          the barge.
                                          Date: July 1, 2017.
                                          Time: 9:30 p.m.-10:15
                                          p.m.
3. Glen cove, Hempstead Harbor Safety     Launch site: A barge
 Zone, 33 CFR 165.160(3.8).               located in approximate
                                          position 40[deg]51'58'' N.
                                          073[deg]39'34'' W. (NAD 1983)
                                          approximately 500 yards
                                          northeast of Glen Cove
                                          Breakwater Light 5 (LLNR
                                          27065). This Safety Zone is a
                                          360-yard radius from the
                                          barge.
                                          Date: July 4, 2017.
                                          Time: 9:00 p.m.-10:00
                                          p.m.
4. Ellis Island Safety Zone, 33 CFR       Launch site: A barge
 165.160(2.2).                            located between Federal
                                          Anchorages 20-A and 20-B, in
                                          approximate position
                                          40[deg]41'45'' N.
                                          074[deg]02'09'' W. (NAD 1983)
                                          about 365 yards east of Ellis
                                          Island. This Safety Zone is a
                                          360-yard radius from the
                                          barge.
                                          Date: July 6, 2017.
                                          Time: 9:00 p.m.-10:00
                                          p.m.
5. Ellis Island Safety Zone, 33 CFR       Launch site: A barge
 165.160(2.2).                            located between Federal
                                          Anchorages 20-A and 20-B, in
                                          approximate position
                                          40[deg]41'45'' N.
                                          074[deg]02'09'' W. (NAD 1983)
                                          about 365 yards east of Ellis
                                          Island. This Safety Zone is a
                                          360-yard radius from the
                                          barge.
                                          Date: September 9,
                                          2017.
                                          Time: 8:00 p.m.-8:30
                                          p.m.
6. Ellis Island Safety Zone, 33 CFR       Launch site: A barge
 165.160(2.2).                            located between Federal
                                          Anchorages 20-A and 20-B, in
                                          approximate position
                                          40[deg]41'45'' N.
                                          074[deg]02'09'' W. (NAD 1983)
                                          about 365 yards east of Ellis
                                          Island. This Safety Zone is a
                                          360-yard radius from the
                                          barge.
                                          Date: October 25,
                                          2017.
                                          Time: 9:00 p.m.-9:10
                                          p.m.
------------------------------------------------------------------------

    Under the provisions of 33 CFR 165.160, vessels may not enter the
safety zones unless given permission from the COTP or a designated
representative. Spectator vessels may transit outside the safety zones
but may not anchor, block, loiter in, or impede the transit of other
vessels. The Coast Guard may be assisted by other Federal, State, or
local law enforcement agencies in enforcing this regulation.
    This document is issued under authority of 33 CFR 165.160(a) and 5
U.S.C. 552(a). In addition to this notification in the Federal
Register, the Coast Guard will provide mariners with advanced
notification of enforcement periods via the Local Notice to Mariners
and marine information broadcasts. If the COTP determines that a safety
zone need not be enforced for the full duration stated in this notice,
a Broadcast Notice to Mariners may be used to grant general permission
to enter the safety zone.

    Dated: May 24, 2017.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2017-12113 Filed 6-12-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 90 (Friday, May 9, 2014)]
[Rules and Regulations]
[Pages 26608-26610]
[FR Doc No: 2014-10058]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0130; Directorate Identifier 2014-CE-005-AD;
Amendment 39-17847; AD 2014-09-12]
RIN 2120-AA64

Airworthiness Directives; Alpha Aviation Concept Limited
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Alpha Aviation Concept Limited Model R2160 airplanes. This AD results
from

mandatory continuing airworthiness information (MCAI) issued by an
aviation authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as the metal screen shield over the ignition switch may
ground out the ignition terminals. We are issuing this AD to require
actions to address the unsafe condition on these products.

DATES: This AD is effective June 13, 2014.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of June 13,
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0130; or in person at Document Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
    For service information identified in this AD, contact Alpha
Aviation, 59 Hautapu Road, RD 1, Cambridge 3493, New Zealand;
telephone: +64 7 827 0528; fax: +64 7 929 2878; Internet:
www.alphaaviation.co.nz. You may view this referenced service
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas
City, Missouri 64106. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER> ; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to add an AD that would apply to certain Alpha Aviation Concept
Limited Model R2160 airplane. The NPRM was published in the Federal
Register on March 3, 2014 (79 FR 11723). The NPRM proposed to correct
an unsafe condition for the specified products and was based on
mandatory continuing airworthiness information (MCAI) originated by an
aviation authority of another country. The MCAI states:

    The AD is prompted by an overseas DR300/180R aircraft accident
which occurred during take-off. Investigation revealed a distorted
metal screen shield which grounded the ignition switch terminals and
resulted in loss of engine power.
    Robin aircraft manufactured prior to 1985 were fitted with
ignition switches protected with a metal screen shield. With
subsequent radio and electrical system improvements ignition switch
shielding is no longer required, and most aircraft do not have metal
screen shielded ignition switches.
    This AD requires a one-time inspection of the ignition switch to
determine if a metal screen shield is installed, and depending on
findings, to modify or replace the ignition switch with a
serviceable part. The AD prohibits the installation of a metal
screen shield ignition switch on any aircraft.

The MCAI can be found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0130-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (79 FR 11723, March 3,
2014) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (79 FR 11723, March 3, 2014) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 11723, March 3, 2014).

Costs of Compliance

    We estimate that this AD will affect 10 products of U.S. registry.
We also estimate that it will take about 3 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour.
    Based on these figures, we estimate the cost of this AD on U.S.
operators to be $2,550, or $255 per product.
    In addition, we estimate that any necessary follow-on actions will
take about 3 work-hours and require parts costing $100, for a cost of
$355 per product. We have no way of determining the number of products
that may need these actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2012-
0130; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains the NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator,

the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

     Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2014-09-12 Alpha Aviation Concept Limited: Amendment 39-17847;
Docket No. FAA-2014-0130; Directorate Identifier 2014-CE-005-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective June 13,
2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Alpha Aviation Concept Limited Model R2160
airplanes, serial numbers 001 through 378, certificated in any
category.

(d) Subject

    Air Transport Association of America (ATA) Code 74: Ignition.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as the metal screen
shield over the ignition switch may ground out the ignition
terminals. We are issuing this AD to prevent the ignition switch
metal screen from grounding out the ignition switch terminals, which
could cause the engine to shut down.

 (f) Actions and Compliance

    Unless already done, do the actions in paragraphs (f)(1) through
(f)(3) of this AD:
    (1) Within the next 50 hours time-in-service after June 13, 2014
(the effective date of this AD) or within the next 3 months after
June 13, 2014 (the effective date of this AD), whichever occurs
first, inspect the airplane ignition switch for the presence of a
metal screen shield. Do the inspection following the Accomplishment
Instructions in Alpha Aviation Service Bulletin AA-SB-24-002,
Revision 0, dated January 2014.
    (2) If a metal screen is found during the inspection required in
paragraph (f)(1) of this AD, before further flight, modify or
replace the ignition switch following the Accomplishment
Instructions in Alpha Aviation Service Bulletin AA-SB-24-002,
Revision 0, dated January 2014.
    (3) As of June 13, 2014 (the effective date of this AD), do not
install an ignition switch with a metal screen shield.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Karl Schletzbaum, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Before using any approved AMOC on
any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(h) Related Information

    Refer to MCAI Civil Aviation Authority (CAA) AD DCA/R2000/42,
dated January 29, 2014, for related information. You may examine the
MCAI on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0130-0002.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Alpha Aviation Service Bulletin AA-SB-24-002, Revision 0,
dated January 2014.
    (ii) Reserved.
    (3) For Alpha Aviation Concept Limited service information
identified in this AD, contact Alpha Aviation, 59 Hautapu Road, RD
1, Cambridge 3493, New Zealand; telephone: +64 7 827 0528; fax: +64
7 929 2878; Internet: www.alphaaviation.co.nz.
    (4) You may view this service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html

    Issued in Kansas City, Missouri, on April 25, 2014.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2014-10058 Filed 5-8-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 22, 2009 (Volume 74, Number 203)]
[Rules and Regulations]
[Page 54485-54488]
[DOCID:fr22oc09-11]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0599; FRL-8971-4]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Revision to Clean Air Interstate Rule Sulfur Dioxide Trading
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the
Commonwealth of Virginia State Implementation Plan (SIP). The revision
pertains to the timing for the first phase of the sulfur dioxide
(SO2) trading budget under the Commonwealth's approved
regulations that implement the requirements of the Clean Air Interstate
Rule (CAIR). EPA is approving this revision to change the start date of
Virginia's CAIR SO2 trading budget from the control period
in 2009 to the control period in 2010 in accordance with the
requirements of the Clean Air Act (CAA).

DATES: This rule is effective on December 21, 2009 without further
notice, unless EPA receives adverse written comment by November 23,
2009. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0599 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2009-0599, Cristina Fernandez, Chief, Air
Quality Planning Branch, Mailcode 3AP21, 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-
2009-0599. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy 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 Virginia Department of
Environmental Quality, 629 East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On January 14, 2009, the Commonwealth of Virginia submitted a
formal revision to its SIP. The SIP revision consists of a change in
timing for the first phase of the Commonwealth's approved CAIR
SO2 trading budget. The start for the first phase of the
SO2 trading budget is changed from the control period in
2009 to the control period in 2010.

II. Summary of SIP Revision

    Virginia regulation 9 VAC 5-140-3400 is amended to change the
timing for the CAIR SO2 budget from the control period in
2009 to the control period in 2010. In addition, the section title of 9
VAC 5-140-3400 is changed to specifically reflect the CAIR
SO2 annual trading budgets.
    The EPA-administered CAIR SO2 trading programs under
States' CAIR SIPs and under the CAIR FIP start on January 1, 2010, and
the associated CAIR SO2 trading budgets apply starting with
the 2010 control period. Virginia's existing provision, requiring an
SO2 budget starting in the 2009 control period, is
inconsistent with the CAIR trading program. In the SIP revision,
Virginia explains that this change corrects a technical error in its
approved CAIR SIP.

III. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information (1) that are generated or developed
before the commencement of a voluntary environmental assessment; (2)
that are prepared independently of the assessment process; (3) that
demonstrate a clear, imminent and substantial danger to the public
health or environment; or (4) that are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege Law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than

their Federal counterparts * * *.'' The opinion concludes that
``[r]egarding Sec.  10.1-1198, therefore, documents or other
information needed for civil or criminal enforcement under one of these
programs could not be privileged because such documents and information
are essential to pursuing enforcement in a manner required by Federal
law to maintain program delegation, authorization or approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the CAA is likewise unaffected by
this, or any, state audit privilege or immunity law.

IV. Final Action

    EPA is approving the SIP revision submitted by the Commonwealth of
Virginia on January 14, 2009. The SIP revision incorporates timing
changes to the Commonwealth's CAIR SO2 trading program that
make it consistent with the regional CAIR SO2 trading
program, under which SO2 trading budgets apply starting in
2010.
    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve the SIP revision if adverse comments are
filed. This rule will be effective on December 21, 2009 without further
notice unless EPA receives adverse comment by November 23, 2009. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act, 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 Clean Air Act.
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 Clean Air Act; 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.

B. Submission to Congress and the Comptroller General

    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).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 21, 2009. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the

comment in the proposed rulemaking. This action to approve a Virginia
SIP revision that changes the applicable start date for its
SO2 trading budget 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, Sulfur oxides.

    Dated: October 13, 2009.
James W. Newsom,
Acting Regional Administrator, Region III.

0
40 CFR Part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for 40 CFR part 52 continues to read as
follows:

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

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (c) is amended by revising
the entry for Chapter 140, Section 5-140-3400 to read as follows:

Sec.  52.2420  Identification of plan.

* * * * *
    (c) * * *

                                 EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                            State
          State citation               Title/subject      effective     EPA approval date    Explanation [former
                                                             date                               SIP citation]
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
                         9 VAC 5, Chapter 140 Regulations for Emissions Trading Programs
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
                                       Part IV SO2 Annual Trading Program
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
5-140-3400.......................  State trading            12/12/07  10/22/09 [Insert      1. In section title,
                                    budgets.                           page number where     replace ``State''
                                                                       the document          with ``CAIR SO2
                                                                       begins].              Annual.''
                                                                                2. In paragraph 1,
                                                                                replace 2009 with
                                                                                2010.

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

[FR Doc. E9-25355 Filed 10-21-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Notices]
[Pages 59066-59068]
[FR Doc No: 2022-21148]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC22-32-000]

Commission Information Collection Activities (FERC-551) Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of information collection and request for comments.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collection FERC-551 (Reporting of Flow Volume and Capacity
by Interstate Natural Gas Pipelines).

DATES: Comments on the collection of information are due November 28,
2022.

ADDRESSES: You may submit your comments (identified by Docket No. IC22-
32-000) by one of the following methods:
    Electronic filing through https://www.ferc.gov, is preferred.
     Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
     For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery:
    [cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
    [cir] Hand (including courier) Delivery: Addressed to: Federal
Energy Regulatory Commission, Secretary of the

Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: https://www.ferc.gov. For
user assistance, contact FERC Online Support by email at
[email protected], or by phone at<PHONE_NUMBER> (toll-free).
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at https://www.ferc.gov.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected], telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: FERC-551, Reporting of Flow Volume and Capacity by
Interstate Natural Gas Pipelines.
    OMB Control No.: 1902-0243.
    Type of Request: Three-year extension of the FERC-551 information
collection requirements with no changes to the current reporting
requirements.
    Abstract: The Commission is authorized to facilitate price
transparency in markets for the sale or transportation of natural gas
in interstate commerce, regarding the public interest, the integrity of
those markets, fair competition, and the protection of consumers. FERC-
551 uses the information provided by pipelines as part of its overall
implementation of the statutory provisions of section 23 of the Natural
Gas Act (NGA), 16 U.S.C. 717t-2. More specifically, the Commission
relies, in part, on section 23(a)(1) of the NGA, for authority to
collect this information and uses the pipelines' FERC-551 postings as
part of fulfilling the transparency provisions of section 23(a)(1) of
the NGA. The data requirements for pipelines are in listed the Code of
Federal Regulations (CFR) under 18 CFR 284.13, reporting requirements
for interstate pipelines. The Commission has directed that the data
requirements under FERC-551 are to be posted on interstate pipelines'
websites and provided in downloadable file formats, in conformity with
18 CFR 284.12.
    The posting requirements are based on the Commission's authority
under section 23 of the NGA (as added by the Energy Policy Act of
2005), which provides, in relevant part, that the Commission may issue
such rules as necessary and appropriate to provide for the
dissemination of ``information about the availability and prices of
natural gas at wholesale and in interstate commerce.'' \1\ This
provision enhances the Commission's authority to ensure confidence in
the Nation's natural gas markets. The Commission's market-oriented
policies for the wholesale natural gas industry require that interested
persons have broad confidence that reported market prices accurately
reflect the interplay of legitimate market forces. Without confidence
in the efficiency of price formation, the true value of transactions is
very difficult to determine. Further, price transparency facilitates
ensuring that jurisdictional prices are ``just and reasonable.'' \2\
---------------------------------------------------------------------------

    \1\ Section 23(a)(2) of the NGA, 15 U.S.C. 717t-2(a)(2) (2000 &
Supp. V 2005).
    \2\ See sections 4 and 5 of the NGA, 15 U.S.C. 717c and 717d.
---------------------------------------------------------------------------

    The posting of FERC-551 information occurs on a daily basis. The
data must be available for download for not less than 90 days from the
date of posting and must be retained by the pipeline for three years.
    The daily posting requirements for major non-interstate pipelines
prescribed in the Commission's Order No. 720 are no longer required.
The number of respondents used to develop the burden estimates do not
include any major non-interstate pipelines.
    Type of Respondents: Interstate Natural Gas Pipelines.
    Estimate of Annual Burden:\3\ The Commission estimates the total
public reporting burden and cost for this information collection as
follows:
---------------------------------------------------------------------------

    \3\ Burden is defined as the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. For
further explanation of what is included in the information
collection burden, refer to 5 CFR 1320.3.
    \4\ The hourly figure (wages plus benefits) is based on the
average of the occupational categories for 2022 found on the Bureau
of Labor Statistics website (http://www.bls.gov/oes/current/naics2_22.htm and http://www.bls.gov/news.release/ecec.nr0.htm):
    --Management (Occupation Code: 11-0000): $102.41
    --Business (Occupation Code: 13-0000): $47.71
    --Financial (Occupation Code: 13-2951): $70.68
    These various occupational categories' wage (and benefits)
figures are averaged and weighted equally, giving an average of
$73.60/hour. The resulting wage figure is rounded to $74.00/hour for
use in calculating wage figures in the FERC-551 renewal.

                                   FERC-551--Reporting of Flow Volume and Capacity by Interstate Natural Gas Pipelines
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Total annual
                                                             Number of     Annual number   Total number   Average burden  burden hours &  Burden hours &
                                                            respondents    of responses    of responses     & cost per     total annual      cost per
                                                                          per respondent                   response \4\        cost       respondent ($)
                                                                     (1)             (2)     (1) * (2) =             (4)     (3) * (4) =       (5) / (1)
                                                                                (3)                             (5)
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC-551................................................             181             365          66,065  0.5 hours; $37       33,032.50     182.5 hrs.;
                                                                                hrs.;         $13,505
                                                                                $2,444,405
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Comments: Comments are invited on: (1) whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: September 23, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-21148 Filed 9-28-22; 8:45 am]
BILLING CODE 6717-01-P