[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Proposed Rules]
[Pages 29688-29695]
[FR Doc No: 2011-12606]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-0210-0302; FRL-9309-9]

Approval and Promulgation of State Implementation Plan Revisions;
Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient
Air Quality Standards; Utah

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed Rule.

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SUMMARY: EPA is proposing to approve and conditionally approve the
State Implementation Plan (SIP) submissions from the State of Utah
which demonstrate that the State meets the requirements of section
110(a)(1) and (2) of the Clean Air Act (CAA) for the National Ambient
Air Quality Standard (NAAQS) promulgated for ozone on July 18, 1997.
Section 110(a) of the CAA requires that each state adopt and submit an
``infrastructure SIP'' for the implementation, maintenance and
enforcement of each NAAQS promulgated by the EPA. The State of Utah
submitted two certifications of their Infrastructure SIP for the 1997
ozone NAAQS, one dated December 3, 2007, which was determined to be
complete on March 27, 2008 (73 FR 16205), and one dated December 21,
2009. EPA does not propose to act on the State's March 22, 2007
submission to meet the requirements of section 110(a)(2)(D)(i) of the
CAA, relating to interstate transport of air pollution, for the 1997
ozone NAAQS. EPA approved the State's interstate transport SIP
submission on May 28, 2008 (73 FR 16543).

DATES: Written comments must be received on or before June 22, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2010-0302, by one of the following methods:
     http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Director, Air Program, Environmental Protection
Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver,
Colorado 80202-1129.
     Hand Delivery: Director, Air Program, Environmental
Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. Such deliveries are only accepted
Monday through Friday, 8 a.m. to 4:30 p.m., excluding federal holidays.
Special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2010-0302. 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. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
For additional instructions on submitting comments, go to section I,
General Information, of the SUPPLEMENTARY INFORMATION section of this
document.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. EPA requests that if at all possible, you
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section to view the hard copy of the docket. You may view the hard copy
of the docket Monday through Friday, 8 a.m. to 4 p.m., excluding
federal holidays.

FOR FURTHER INFORMATION CONTACT: Kathy Dolan, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129.<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.

Table of Contents

I. General Information
II. Background
III. What infrastructure elements are required under sections
110(a)(1) and (2)?
IV. How did the State of Utah address the infrastructure elements of
sections 110(a)(1) and (2)?
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

I. General Information

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

    1. Submitting Confidential Business Information (CBI). Do not
submit CBI to EPA through http://www.regulations.gov or e-mail. Clearly
mark the part or all of the information that you claim to be CBI. For
CBI information on a disk or CD ROM that you mail to EPA, mark the
outside of the disk or CD ROM as CBI and then identify electronically
within the disk or CD ROM the specific information that is claimed as
CBI. In addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register, date, and page number);
    Follow directions and organize your comments;
    Explain why you agree or disagree;
    Suggest alternatives and substitute language for your requested
changes;
    Describe any assumptions and provide any technical information and/
or data that you used;
    If you estimate potential costs or burdens, explain how you arrived
at your estimate in sufficient detail to allow for it to be reproduced;
    Provide specific examples to illustrate your concerns, and suggest
alternatives;
    Explain your views as clearly as possible, avoiding the use of
profanity or personal threats; and,
    Make sure to submit your comments by the comment period deadline
identified.

II. Background

    On July 18, 1997, EPA promulgated new NAAQS for ozone based on 8-
hour average concentrations. The 8-hour averaging period replaced the
previous 1-hour averaging period, and the level of the NAAQS was
changed from 0.12 parts per million (ppm) to 0.08 ppm (62 FR 38856). By
statute, SIPs meeting the requirements of sections 110(a)(1) and (2)
are to be submitted by states within three years after promulgation of
a new or revised standard. Section 110(a)(2) provides basic
requirements for SIPs, including emissions inventories, monitoring, and
modeling, to assure attainment and maintenance of the standards. These
requirements are set out in several ``infrastructure elements,'' listed
in section 110(a)(2).
    Section 110(a) imposes the obligation upon states to make a SIP
submission to EPA for a new or revised NAAQS, and the contents of that
submission may vary depending upon the facts and circumstances. In
particular, the data and analytical tools available at the time the
state develops and submits the SIP for a new or revised NAAQS affects
the content of the submission. The contents of such SIP submissions may
also vary depending upon what provisions the state's existing SIP
already contains. In the case of the 1997 ozone NAAQS, states typically
have met the basic program elements required in section 110(a)(2)
through earlier SIP submissions in connection with previous NAAQS. In a
guidance issued on October 2, 2007, EPA noted that, to the extent an
existing SIP already meets the section 110(a)(2) requirements, states
need only to certify that fact via a letter to EPA.\1\
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    \1\ Memorandum from William T. Harnett, Director, Air Quality
Policy Division, ``Guidance on SIP Elements Required Under Sections
110(a)(1) and (2) for the 1997 8-hour Ozone and PM2.5
National Ambient Air Quality Standards'' (Oct. 2, 2007).
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    On March 27, 2008, EPA published a final rule entitled,
``Completeness Findings for Section 110(a) State Implementation Plans
for the 8-hour Ozone NAAQS'' (73 FR 16205). In the rule, EPA made a
finding for each State that it had submitted or had failed to submit a
complete SIP that provided the basic program elements of section
110(a)(2) necessary to implement the 1997 8-hour ozone NAAQS. In
particular, EPA found that Utah had

submitted a complete SIP to meet these requirements.

III. What infrastructure elements are required under sections 110(a)(1)
and (2)?

    Section 110(a)(1) provides the procedural and timing requirements
for SIP submissions after a new or revised NAAQS is promulgated.
Section 110(a)(2) lists specific elements the SIP must contain or
satisfy. These infrastructure elements include requirements, such as
modeling, monitoring, and emissions inventories, which are designed to
assure attainment and maintenance of the NAAQS. The elements that are
the subject of this action are listed below.
     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement of control measures.
     110(a)(2)(D)(ii): Interstate and international pollution.
     110(a)(2)(E): Adequate resources and authority.
     110(a)(2)(F): Stationary source monitoring and reporting.
     110(a)(2)(G): Emergency powers.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(J): Consultation with government officials;
public notification; and prevention of significant deterioration (PSD)
and visibility protection.
     110(a)(2)(K): Air quality modeling/data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local
entities.

A detailed discussion of each of these elements is contained in the
next section.
    Two elements identified in section 110(a)(2) are not governed by
the three year submission deadline of section 110(a)(1) and are
therefore not addressed in this action. These elements relate to part D
of Title I of the CAA, and submissions to satisfy them are not due
within three years after promulgation of a new or revised NAAQS, but
rather are due at the same time nonattainment area plan requirements
are due under section 172. The two elements are: (i) Section
110(a)(2)(C) to the extent it refers to permit programs (known as
``nonattainment new source review (NSR)'') required under part D, and
(ii) section 110(a)(2)(I), pertaining to the nonattainment planning
requirements of part D. As a result, this action does not address
infrastructure elements related to the nonattainment NSR portion of
section 110(a)(2)(C) or related to 110(a)(2)(I).
    This action also does not address the ``interstate transport''
requirements of element 110(a)(2)(D)(i). In a separate action, EPA
approved the State's submission to meet the requirements of
110(a)(2)(D)(i) for the 1997 ozone NAAQS. (73 FR 16543).

IV. How did the State of Utah address the infrastructure elements of
sections 110(a)(1) and (2)?

    1. Emission limits and other control measures: Section 110(a)(2)(A)
requires SIPs to include enforceable emission limitations and other
control measures, means, or techniques (including economic incentives
such as fees, marketable permits, and auctions of emissions rights), as
well as schedules and timetables for compliance as may be necessary or
appropriate to meet the applicable requirements of this Act.
    a. Utah's response to this requirement: SIP Section I (Legal
Authority) A.1.a, codified at R307-110-2, identifies the statutory
provisions that allow adoption of standards and limitations for
attainment and maintenance of national standards. (19-2-104 and 109,
Utah Code Annotated 1953 (UCA)). EPA approved this SIP originally in
the early 1980's and most recently on June 25, 2003 (68 FR 37744).
    b. EPA analysis: Utah's SIP meets the requirements of CAA section
110(a)(2)(A) for the 1997 ozone NAAQS, subject to the following
clarifications. First, although Utah's certification cited its legal
authority to adopt emissions limitations for maintenance of the NAAQS,
the certification did not identify emissions limitations specific to
the 1997 8-hour ozone NAAQS that the State has adopted and that have
been approved into the SIP. EPA notes that, among other emissions
limitations, the Utah SIP contains emissions limitations originally
developed to attain the previous 1-hour ozone standard. For the
purposes of this action, EPA is reviewing any rules originally
submitted in response to part D solely for the purposes of determining
whether they support a finding that the State has met the basic
infrastructure requirements under section 110(a)(2).
    In this action, EPA is not proposing to approve or disapprove any
existing state rules with regard to director's discretion or variance
provisions. A number of states have such provisions which are contrary
to the CAA and existing EPA guidance (52 FR 45109, Nov. 24, 1987), and
the Agency plans to take action in the future to address such state
regulations. In the meantime, EPA encourages any state having a
director's discretion or variance provision which is contrary to the
CAA and EPA guidance to take steps to correct the deficiency as soon as
possible.
    Finally, in this action, EPA is also not proposing to approve or
disapprove any existing state provisions with regard to excess
emissions during startup, shutdown, or malfunction (SSM) of operations
at a facility. A number of states have SSM provisions which are
contrary to the CAA and existing EPA guidance \2\ and the Agency plans
to address such state regulations in the future. In the specific case
of SSM provisions in the Utah SIP, EPA has issued a finding of
substantial inadequacy and call for a SIP revision for Utah's
``unavoidable breakdown'' rule (76 FR 21639, Apr. 18, 2011). As stated
above, though, EPA is not proposing to address SSM provisions in the
context of this action and therefore proposes to approve the Utah
certification for infrastructure element 110(a)(2)(A) for the 1997
ozone NAAQS.
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    \2\ Steven Herman, Assistant Administrator for Enforcement and
Compliance Assurance, and Robert Perciasepe, Assistant Administrator
for Air and Radiation, Memorandum to EPA Air Division Directors,
``State Implementation Plans (SIPs): Policy Regarding Excess
Emissions During Malfunctions, Startup, and Shutdown.'' (Sept. 20,
1999).
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    2. Ambient air quality monitoring/data system: Section 110(a)(2)(B)
requires SIPs to provide for establishment and operation of appropriate
devices, methods, systems, and procedures necessary to (i) monitor,
compile, and analyze data on ambient air quality, and (ii) upon
request, make such data available to the Administrator.
    a. Utah's response to this requirement: SIP Section IV (Ambient Air
Monitoring Program), codified at R307-110-5, provides a brief
description of the purposes of the air monitoring program. EPA approved
this SIP originally in the early 1980's and most recently on June 25,
2003 (68 FR 37744).
    b. EPA analysis: Utah's air monitoring programs and data systems do
not meet the requirements of CAA section 110(a)(2)(B) for the 1997
ozone NAAQS. In particular, deficiencies in Utah's monitoring network
plan are detailed in a memorandum in the docket for this action. Utah
has formally committed to submitting an adequate annual monitoring plan
not later than one year after the date of final action on Utah's
infrastructure SIP for the 1997 ozone NAAQS. The specific measures Utah
will take are detailed in the commitment letter, which may be found in
the docket for this action. EPA has reviewed these measures and agrees
that they will rectify the deficiencies in Utah's ambient air
monitoring network.

As a result of Utah's formal commitment, EPA proposes to conditionally
approve the Utah infrastructure SIP for section 110(a)(2)(B) for the
1997 ozone NAAQS. If, however, Utah does not implement the measures
specified in its commitment within one year after the date of final
action on Utah's infrastructure SIP for the 1997 ozone NAAQS, EPA's
conditional approval will automatically revert to disapproval of the
infrastructure SIP for section 110(a)(2)(B) for the 1997 ozone NAAQS.
    3. Program for enforcement of control measures: Section
110(a)(2)(C) requires SIPs to include a program to provide for the
enforcement of the measures described in subparagraph (A), and
regulation of the modification and construction of any stationary
source within the areas covered by the plan as necessary to assure that
NAAQS are achieved, including a permit program as required in parts C
and D.
    a. Utah's response to this requirement: SIP Section I (Legal
Authority) A.1.b, identifies the statutory provisions that allow the
Division of Air Quality (DAQ) to enforce applicable laws, regulations
and standards and seek injunctive relief. (Sections 19-2-104 and 19-2-
115, UCA.)
    SIP Section I (Legal Authority) A.1.d, codified at R307-110-2,
identifies the statutory provisions that allow the DAQ to prevent
construction, modification or operation of any stationary source at any
location where emissions from such source will prevent the attainment
or maintenance of a national standard or interfere with PSD
requirements. (Authority Utah Code Section 19-2-108) EPA approved this
SIP originally in the early 1980's and most recently on June 25, 2003
(68 FR 37744).
    SIP Section VIII (PSD), codified at R307-110-9 and R307-405,
describes the program to prevent significant deterioration of areas of
the State where the air is clean. EPA approved the PSD SIP originally
in the early 1980's and most recently on June 25, 2003 (68 FR 37744).
EPA most recently approved R307-405 on August 19, 2004 (69 FR 51368).
Utah submitted revisions to the PSD SIP and R307-405 on September 15,
2006. Updates to the incorporation by reference (IBR) date of 40 CFR
52.21 were submitted on October 1, 2007 and March 3, 2008. The October
1, 2007 update incorporated provisions in the Code of Federal
Regulations (CFR) that added NOX as a precursor for ozone.
The most recent update of the IBR date was adopted on February 5, 2009
and will be submitted to EPA in the near future when the final
administrative paperwork is available. EPA has not yet acted on these
submittals.
    SIP Section XVII (Visibility protection), codified at R307-10-25,
describes the program to protect visibility, especially within the
boundaries of the five national parks located in Utah. (Sections 19-2-
101 and 104, UCA) EPA approved this SIP in April 1997 and most recently
on June 25, 2003 (68 FR 37744).
    b. EPA analysis: To generally meet the requirements of section
110(a)(2)(C), the State is required to have SIP-approved PSD,
nonattainment New Source Review (NSR), and minor NSR permitting
programs adequate to implement the 1997 8-hour ozone NAAQS. As
explained above, in this action EPA is not evaluating nonattainment
related provisions, such as the nonattainment NSR program required by
part D of the Act. EPA is evaluating the State's PSD program as
required by part C of the Act, and the State's minor NSR program as
required by 110(a)(2)(C).
    Utah has a SIP-approved PSD program that meets the general
requirements of part C of the Act (51 FR 31125). Below, EPA considers
requirements for the PSD program specific to the 1997 ozone NAAQS, but
first considers the effects of recent rules regulating greenhouse gases
on Utah's PSD program.

Greenhouse Gas Regulation

    EPA notes a potential inconsistency between Utah's December 3, 2007
and December 21, 2009 infrastructure SIP certifications and EPA's
recently promulgated rule, ``Limitation of Approval of Prevention of
Significant Deterioration Provisions Concerning Greenhouse Gas
Emitting-Sources in State Implementation Plans'' (``PSD SIP Narrowing
Rule''), 75 FR 82536 (Dec. 30, 2010). In the PSD SIP Narrowing Rule,
EPA withdrew its previous approval of Utah's PSD program to the extent
that it applied PSD permitting to greenhouse gas (GHG) emissions
increases from GHG-emitting sources below thresholds set in EPA's June
3, 2010 ``Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule'' (``Tailoring Rule''), 75 FR 31514. EPA
withdrew its approval on the basis that the State lacked sufficient
resources to issue PSD permits to such sources at the statutory
thresholds in effect in the previously-approved PSD program. After the
PSD SIP Narrowing Rule, the portion of Utah's PSD SIP from which EPA
withdrew its approval had the status of having been submitted to EPA
but not yet acted upon. In its December 3, 2007 and December 21, 2009
certifications, Utah relied on its PSD program as approved at that
date--which was before December 30, 2010, the effective date of the PSD
SIP Narrowing Rule--to satisfy the requirements of infrastructure
element 110(a)(2)(C). Given EPA's basis for the PSD SIP Narrowing Rule,
EPA proposes approval of the Utah infrastructure SIP for infrastructure
element (C) if either the State clarifies (or modifies) its
certification to make clear that the State relies only on the portion
of the PSD program that remains approved after the PSD SIP Narrowing
Rule issued on December 30, 2010, and for which the State has
sufficient resources to implement, or the State acts to withdraw from
EPA consideration the remaining portion of its PSD program submission
that would have applied PSD permitting to GHG sources below the
Tailoring Rule thresholds. In the alternative, if Utah does not take
either action, EPA proposes to disapprove the infrastructure SIP to the
extent it incorporates that portion of the previously-approved PSD
program from which EPA withdrew its approval in the PSD SIP Narrowing
Rule, which is the portion which would have applied PSD permitting
requirements to GHG emissions increases from GHG-emitting sources below
the Tailoring Rule thresholds. Such disapproval, if finalized, would
not result in a need for Utah to resubmit a SIP revision, sanctions, or
a federal implementation plan (FIP).

Regulation of Ozone Precursors

    In order for the State's SIP-approved PSD program to satisfy the
requirements of section 110(a)(2)(C) for the 1997 ozone NAAQS, the
program must properly regulate ozone precursors. On November 29, 2005,
EPA promulgated the phase 2 implementation rule for the 1997 ozone
NAAQS (Phase 2 Rule), which includes requirements for PSD programs to
treat nitrogen oxides (NOX) as a precursor for ozone (72 FR
71612). The Phase 2 Rule accordingly updated the federal program at 40
CFR 52.21 to meet these requirements, effective January 30, 2006. On
August 7, 2008, Utah submitted to EPA revisions to the State's PSD
program. The State's PSD program, as submitted, for the most part
incorporates by reference the federal program at 40 CFR 52.21. The
August 7, 2008 submittal updates the date of incorporation by reference
to July 1, 2007, after the effective date of the Phase 2 Rule, and
thereby implementing the requirements of the rule. On January 7, 2009,
EPA proposed approval of the August 7, 2008 submittal (74 FR 667). We
anticipate finalizing that approval in conjunction with finalizing
approval of

Utah's infrastructure SIP. Contingent on that approval, Utah's PSD
program meets the requirements of section 110(a)(2)(C) for the 1997
ozone NAAQS.

Minor NSR

    The State has a SIP-approved minor NSR program, adopted under
section 110(a)(2)(C) of the Act that regulates emissions of ozone and
its precursors. The minor NSR program is found in section II of the
Utah SIP, and was originally approved by EPA as section 2 of the SIP
(See 68 FR 37744, June 25, 2003). Since approval of the minor NSR
program, the State and EPA have relied on the program to assure that
new and modified sources not captured by the major NSR permitting
programs do not interfere with attainment and maintenance of the NAAQS.
    In this action, EPA is proposing to approve Utah's infrastructure
SIP for the 1997 ozone NAAQS with respect to the general requirement in
section 110(a)(2)(C) to include a program in the SIP that regulates the
modification and construction of any stationary source as necessary to
assure that the NAAQS are achieved. EPA is not proposing to approve or
disapprove the State's existing minor NSR program itself to the extent
that it is inconsistent with EPA's regulations governing this program.
A number of states may have minor NSR provisions that are contrary to
the existing EPA regulations for this program. EPA intends to work with
states to reconcile state minor NSR programs with EPA's regulatory
provisions for the program. The statutory requirements of section
110(a)(2)(C) provide for considerable flexibility in designing minor
NSR programs, and it may be time to revisit the regulatory requirements
for this program to give the states an appropriate level of flexibility
to design a program that meets their particular air quality concerns,
while assuring reasonable consistency across the country in protecting
the NAAQS with respect to new and modified minor sources.

Visibility Protection

    Finally, Utah cited SIP provisions relating to visibility
protection. With regards to part C of title I of the Act, section
110(a)(2)(C) of the Act (unlike section 110(a)(2)(J)) refers only to
the required PSD permit program, and not to visibility protection.
Moreover, as explained below under infrastructure element (J), EPA
finds that no new visibility obligation is ``triggered'' under section
110(a)(2)(J) when a new NAAQS becomes effective. EPA is therefore not
assessing in this action the visibility protection provisions cited by
Utah.
    4. Interstate transport: Section 110(a)(2)(D)(i) requires SIPs to
contain adequate provisions prohibiting, consistent with the provisions
of this title, any source or other type of emissions activity within
the state from emitting any air pollutant in amounts which will (I)
contribute significantly to nonattainment in, or interfere with
maintenance by, any other state, with respect to any such national
primary or secondary ambient air quality standard, or (II) interfere
with measures required to be included in the applicable implementation
plan for any other state under part C to prevent significant
deterioration of air quality or to protect visibility.
    a. Utah's response to this requirement: SIP Section XXIII
(Interstate Transport), codified at R307-110-36, was written to satisfy
the requirements of section 110(a)(2)(D)(i) of the CAA for the 1997
NAAQS for 8-hour ozone. This SIP was approved by EPA on March 28, 2008
at 73 FR 16543.
    b. EPA Analysis: EPA approved the State's Interstate Transport
provisions for the 1997 ozone NAAQS on March 28, 2008 (73 FR 16543).
EPA is taking no action relevant to section 110(a)(2)(D)(i) in this
proposal.
    5. Interstate and International transport provisions: Section
110(a)(2)(D)(ii) requires that each SIP shall contain adequate
provisions insuring compliance with applicable requirements of sections
126 and 115 (relating to interstate and international pollution
abatement).
    a. Utah's response to this requirement: Utah did not cite any
specific provisions for this requirement.
    b. EPA Analysis: Section 126(a) requires notification to affected,
nearby states of major proposed new (or modified) sources. Sections
126(b) and (c) pertain to petitions by affected states to the
Administrator regarding sources violating the ``interstate transport''
provisions of section 110(a)(2)(D)(i). Section 115 similarly pertains
to international transport of air pollution.
    Utah's rules for PSD permits IBR the public participation
requirements at 40 CFR 51.166(q)(2). (See UAC R307-405-18). In
particular, the rule incorporates 40 CFR 51.166(q)(2)(iii), which
requires notice to states whose lands may be affected by the emissions
of sources subject to PSD. This rule was submitted to EPA and proposed
for approval in the action discussed in section IV.3 above (74 FR 667,
Jan. 7, 2009). Contingent on approval of this rule, the Utah SIP
satisfies the requirements of section 126(a).
    Utah has no pending obligations under sections 126(c) or 115(b),
therefore, Utah's SIP currently meets the requirements of those
sections. The SIP therefore meets the requirements of 110(a)(2)(D)(ii)
for the 1997 ozone NAAQS.
    6. Adequate resources: Section 110(a)(2)(E) requires states to
provide (i) Necessary assurances that the state will have adequate
personnel, funding, and authority under state law to carry out the SIP
(and is not prohibited by any provision of federal or state law from
carrying out the SIP or portion thereof), (ii) requires that the state
comply with the requirements respecting state boards under section 128,
and (iii) necessary assurances that, where the state has relied on a
local or regional government, agency, or instrumentality for the
implementation of any SIP provision, the state has responsibility for
ensuring adequate implementation of such SIP provision.
    a. Utah's response to this requirement: SIP Section V (Resources),
codified at R307-110-6, commits to implement program activities in
relation to resources provided by the annual State/EPA Agreement and
105 grant applications. EPA approved this SIP originally in the early
1980's and most recently on June 25, 2003 (68 FR 37744).
    SIP Section I (Legal Authority) A.1.g, codified at R307-110-2,
identifies the statutory provisions that implement the provisions of
the CAA (Section 128) respecting State Boards (Section 9-2-104 UCA.)
EPA approved this SIP originally in the early 1980's and most recently
on June 25, 2003 (68 FR 37744).
    Section 41-6a-1642 UCA provides the counties the authority to run
their own emissions inspection and maintenance program, and Subsection
41-6a-1642 (2)(b)(i) UCA requires that the counties' emissions
inspection and maintenance program ``shall be made to attain or
maintain ambient air quality standards in the county, consistent with
the SIP and federal requirements.'' Section X of the SIP, codified at
sections R307-110-31 to -35, outlines the specific requirements of the
automotive inspection and maintenance program. EPA approved this SIP
section in action on July 17, 1997 (62 FR 38213), August 1, 2005 (70 FR
44055), September 14, 2005 (70 FR 54267), and November 2, 2005 (70 FR
66264).
    b. EPA Analysis: Chapter 2 of Title 19 of the Utah Code gives the
DAQ and Air Quality Board (AQB) adequate authority to carry out the
SIP. UCA 19-2-103 requires the AQB be composed and act in accordance
with section 128 of the CAA. The State receives sections 103 and 105
grant funds through its

Performance Partnership Grant along with required State matching funds
to provide funding necessary to carry out Utah's SIP requirements.
Utah's SIP meets the requirements of CAA section 110(a)(2)(E) for the
1997 ozone NAAQS.
    7. Stationary source monitoring system: Section 110(a)(2)(F)
requires (i) the installation, maintenance, and replacement of
equipment, and the implementation of other necessary steps, by owners
or operators of stationary sources to monitor emissions from such
sources, (ii) periodic reports on the nature and amounts of emissions
and emissions-related data from such sources, and (iii) correlation of
such reports by the state agency with any emission limitations or
standards established pursuant to the Act, which reports shall be
available at reasonable times for public inspection.
    a. Utah's response to this requirement: SIP Section I (Legal
Authority) A.1.f, codified at R307-110-2, identifies the statutory
provisions that require owners or operators of stationary sources to
install, maintain, and use emission monitoring devices and to make
periodic reports to the State Department of Environmental Quality (DEQ)
on the nature and amounts of emissions from such sources. The State DEQ
will make such data available to the public as reported and as
correlated with any applicable emission standards or limitations
(Section 19-2-104, UCA). EPA approved this SIP originally in the early
1980's and most recently on June 25, 2003 (68 FR 37744).
    SIP Section III (Source Surveillance), codified at R307-110-4,
includes inventory requirements, stack testing, and plant inspections
(Sections 19-2-107 and 19-2-108, UCA, allow inspection of air pollution
sources). EPA approved this SIP section originally in the early 1980's
and most recently on June 25, 2003 (68 FR 37744).
    b. EPA Analysis: Utah's SIP meets the requirements of section
110(a)(2)(F) for the 1997 ozone NAAQS.
    8. Emergency powers: Section 110(a)(2)(G) requires states to
provide for authority to address activities causing imminent and
substantial endangerment to public health, including contingency plans
to implement the emergency episode provisions in their SIPs.
    a. Utah's response to this requirement: SIP Section 1 (Legal
Authority) A.1.c, codified at R307-110-2, identifies the statutory
provisions to abate pollutant emissions on an emergency basis to
prevent substantial endangerment to the health of persons (Section 19-
2-112, UCA). EPA approved this SIP originally in the early 1980's and
most recently on June 25, 2003 (68 FR 37744).
    More details can be found in SIP Section VII (Prevention of Air
Pollution Emergency Episodes), codified at R307-110-8 (Section 19-2-
112, UCA). EPA approved this SIP originally in the early 1980's and
most recently on June 25, 2003 (68 FR 37744).
    b. EPA analysis: Section 19-2-112 of the UCA provides DEQ with
general emergency authority comparable to that in section 303 of the
Act. The SIP also requires DEQ to follow criteria in 40 CFR 51.151 in
proclaiming an emergency episode and to develop a contingency plan. The
SIP meets the requirements of 110(a)(2)(G) for the 1997 ozone NAAQS.
    9. Future SIP revisions: Section 110(a)(2)(H) requires that SIPs
provide for revision of such plan (i) from time to time as may be
necessary to take account of revisions of such national primary or
secondary ambient air quality standard or the availability of improved
or more expeditious methods of attaining such standard, and (ii),
except as provided in paragraph (3)(C), whenever the Administrator
finds on the basis of information available to the Administrator that
the SIP is substantially inadequate to attain the NAAQS which it
implements or to otherwise comply with any additional requirements
under this Act.
    a. Utah's response to this requirement: SIP Section I (Legal
Authority) A.1.a, codified at R307-110-2, identifies the statutory
provisions that allow the DAQ to revise its plans to take account of
revisions of a NAAQS and to adopt expeditious methods of attaining and
maintaining such standard. EPA approved this SIP originally in the
early 1980's and most recently on June 25, 2003 (68 FR 37744).
    b. EPA analysis: Section 19-2-104 of the UCA gives the AQB
sufficient authority to meet the requirements of 110(a)(2)(H).
    10. Nonattainment Area Plan or Plan Revision under Part D: Section
110(a)(2)(I) requires that a SIP or SIP revision for an area designated
as a nonattainment area must meet the applicable requirements of part D
of this subchapter (relating to nonattainment areas).
    a. EPA analysis for section 110(a)(2)(I): As noted above, the
specific nonattainment area plan requirements of section 110(a)(2)(I)
are subject to the timing requirement of section 172, not the timing
requirement of section 110(a)(1). This element is therefore not
applicable to this action. EPA will take action on part D attainment
plans through a separate process.
    11. Consultation with government officials, public notification,
PSD and visibility protection: Section 110(a)(2)(J) requires that each
SIP meet the applicable requirements of section 121 of this title
(relating to consultation), section 127 of this title (relating to
public notification), and part C of this subchapter (relating to PSD of
air quality and visibility protection).
    a. Utah's response to this requirement: SIP Section I (Legal
Authority) A.2, codified at R307-110-2, adopts requirements for
transportation consultation (Section 174, Clean Air Act). EPA approved
this SIP originally in the early 1980's and most recently on June 25,
2003 (68 FR 37744).
    SIP Section I (Legal Authority) A.1.d, codified at R307-110-2,
identifies the statutory authority to prevent construction,
modification or operation of any stationary source at any location
where emissions from such source will prevent the attainment or
maintenance of a national standard or interfere with PSD requirements.
(UCA Section 19-2-108) EPA approved this SIP originally in the early
1980's and most recently on June 25, 2003 (68 FR 37744).
    SIP Section VI (Intergovernmental Cooperation), provides a brief
listing of federal, state, and local agencies involved in protecting
air quality in Utah. Codified at R307-110-7/EPA approved this SIP
originally in the early 1980's and most recently on June 25, 2003 at 68
FR 37744.
    SIP Section XII (Transportation Conformity Consultation), codified
at R307-110-20, establishes the consultation procedures on
transportation conformity issues when preparing State plans. EPA
approved SIP Section XII, Transportation Conformity Consultation, on
September 2, 2008 (73 FR 51222).
    SIP Section VIII (PSD), codified at R307-110-9 and R307-405,
describes the program to prevent significant deterioration of areas of
the State where the air is clean. EPA approved the PSD SIP originally
in the early 1980's and most recently on June 25, 2003 (68 FR 37744).
EPA most recently approved R307-405 on August 18, 2004 (69 FR 51368).
Utah submitted revisions to the PSD SIP and R307-405 on September 15,
2006. Updates to the IBR date of 40 CFR 52.21 were submitted on October
1, 2007 and March 3, 2008. The October 1, 2007 update incorporates
provisions in the CFR that added NOX as a precursor for
ozone. The most recent update of the IBR date was adopted on February
5, 2009 and will be submitted to EPA in the near future when the final
administrative paperwork is available.

EPA has not yet acted on these submittals.
    SIP Section XVI (Public Notification), codified at R307-110-24,
includes provisions to notify the public when NAAQS have been exceeded
as per section 127 of the CAA. EPA approved this SIP originally in the
early 1980's and most recently on June 25, 2003 (68 FR 37744).
    SIP Section XVII (Visibility Protection), codified at R307-110-25,
describes the program to protect visibility, especially within the
boundaries of the five national parks located in Utah. (Sections 19-2-
101 and 104, UCA) EPA approved this SIP in April 1997 and most recently
on June 25, 2003 (68 FR 37744).
    SIP Section XX (Regional Haze), codified at R307-110-28, addresses
the requirements in part C of the CAA relating to regional haze. The
SIP was based on the recommendations of the Grand Canyon Visibility
Transport Commission established by section 169B(f) of the CAA.
(Sections 19-2-104, UCA). The Regional Haze SIP was submitted to EPA on
December 12, 2003. Revisions to the Regional Haze SIP were submitted on
August 8, 2004; May 8, 2006; and September 9, 2008. EPA has not yet
acted on these submittals.
    b. EPA Analysis: The State has demonstrated that it has the
authority and rules in place to provide a process of consultation with
general purpose local governments, designated organizations of elected
officials of local governments and any Federal Land Manager having
authority over federal land to which the SIP applies, consistent with
the requirements of CAA section 121. Furthermore, SIP section XVI,
cited by Utah, satisfies the requirements of section 127 of the Act.
    The State has a SIP-approved PSD program that incorporates by
reference the federal program at 40 CFR 52.21. The federal program (and
therefore Utah's SIP-approved PSD program) automatically implements new
PSD requirements triggered by the effective date of any new NAAQS. EPA
has further evaluated Utah's SIP-approved PSD program in this proposed
action under IV.3 of section 110(a)(2)(C).
    Finally, with regard to the applicable requirements for visibility
protection, EPA recognizes that states are subject to visibility and
regional haze program requirements under part C of the act. In the
event of the establishment of a new NAAQS, however, the visibility and
regional haze program requirements under part C do not change. Thus we
find that there is no new visibility obligation ``triggered'' under
section 110(a)(2)(J) when a new NAAQS becomes effective. In conclusion,
the Utah SIP meets the requirements of section 110(a)(2)(J) for the
1997 ozone NAAQS.
    12. Air quality and modeling/data: Section 110(a)(2)(K) requires
that each SIP provide for (i) the performance of such air quality
modeling as the Administrator may prescribe for the purpose of
predicting the effect on ambient air quality of any emissions of any
air pollutant for which the Administrator has established a NAAQS, and
(ii) the submission, upon request, of data related to such air quality
modeling to the Administrator.
    a. Utah's response to this requirement: SIP Section II (Review of
New and Modified Air Pollution Sources), codified at R307-110-3,
provides that new or modified sources of air pollution must submit
plans to the DAQ and receive an Approval Order before operating.
(Section 19-2-104, UCA) EPA approved this SIP originally in the early
1980's and most recently on June 25, 2003 (68 FR 37744).
    b. EPA Analysis: Utah's SIP meets the requirements of CAA section
110(a)(2)(K) for the 1997 ozone NAAQS. In particular, Utah's PSD
program incorporates by reference the federal program at 40 CFR 52.21,
including the provision at 52.21(l)(1) requiring that estimates of
ambient air concentrations be based on applicable air quality models
specified in Appendix W of 40 CFR part 51, and the provision at
52.21(l)(2) requiring that modification or substitution of a model
specified in Appendix W must be approved by the Administrator. As a
result, the SIP provides for such air quality modeling as the
Administrator has prescribed.
    13. Permitting fees: Section 110(a)(2)(L) requires SIPs to require
the owner or operator of each major stationary source to pay to the
permitting authority, as a condition of any permit required under this
act, a fee sufficient to cover (i) the reasonable costs of reviewing
and acting upon any application for such a permit, and (ii) if the
owner or operator receives a permit for such source, the reasonable
costs of implementing and enforcing the terms and conditions of any
such permit (not including any court costs or other costs associated
with any enforcement action), until such fee requirement is superseded
with respect to such sources by the Administrator's approval of a fee
program under title V.
    a. Utah's response to this requirement: SIP Section I (Legal
Authority) A.1.h, codified at R307-110-2, identifies the statutory
authority to charge a fee to major sources to cover permit and
enforcement expenses. EPA approved this SIP originally in the early
1980s and most recently on June 25, 2003 (68 FR 37744).
    b. EPA Analysis: Utah's approved title V operating permit program
meets the requirements of CAA section 110(a)(2)(L) for the 1997 ozone
NAAQS. Final approval of the title V operating permit program was
approved on June 8, 1995 (60 FR 30192). As discussed in the notice
proposing approval of the title V program (60 FR 15105, Mar. 22, 1995),
the State demonstrated that the fees collected were sufficient to
administer the program.
    14. Consultation/participation by affected local entities: Section
110(a)(2)(M) requires states to provide for consultation and
participation in SIP development by local political subdivisions
affected by the SIP.
    a. Utah's response to this requirement: SIP Section VI
(Intergovernmental Cooperation), codified at R307-110-7, lists federal,
state, and local agencies involved in protecting air quality in Utah.
EPA approved this SIP originally in the early 1980's and most recently
on June 25, 2003 (68 FR 37744).
    SIP Section XII (Transportation Conformity Consultation), codified
at R307-110-20, establishes the consultation procedures on
transportation conformity issues when preparing state plans. EPA
approved SIP Section XII, Transportation Conformity Consultation, on
September 2 2008 (73 FR 51222).
    b. EPA Analysis: Utah's submittal meets the requirements of CAA
section 110(a)(2)(M) for the 1997 ozone NAAQS.

V. What action is EPA taking?

    In this action, EPA is proposing to approve the following
infrastructure elements for the 1997 ozone NAAQS: (A), (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M). EPA proposes to approve the
section 110(a)(2)(C) infrastructure element in full for the 1997 ozone
NAAQS in the event that Utah takes one of the actions described in the
discussion of that element; in the alternative, EPA proposes to
disapprove the section 110(a)(2)(C) element to the extent described and
to otherwise approve this element. EPA proposes to conditionally
approve the section 110(a)(2)(B) infrastructure element for the 1997
ozone NAAQS based on the formal commitment by Utah described in the
discussion of that element. Finally, in this action, EPA is taking no
action on infrastructure elements (D)(i) and (I) for the 1997 ozone
NAAQS.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations (42 U.S.C. 7410(k), 40 CFR 52.02(a)). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely approves some state law as meeting federal
requirements and disapproves other state law because it does not meet
federal requirements; this proposed action 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 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

    Dated: May 16, 2011.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2011-12606 Filed 5-20-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 12, 2007 (Volume 72, Number 8)]
[Rules and Regulations]
[Page 1453-1455]
[DOCID:fr12ja07-12]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 11

[Docket No. RM07-5-000]

Update of the Federal Energy Regulatory Commission's Fees
Schedule for Annual Charges for the Use of Government Lands

December 21, 2006.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule; update of Federal land use fees.

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

SUMMARY: In accordance with the Commission's regulations, the
Commission by its designee, the Executive Director, is updating its
schedule of fees for the use of government lands. The yearly update is
based on the most recent schedule of fees for the use of linear rights-
of-way prepared by the United States Forest Service. Since the next
fiscal year will cover the period from October 1, 2006 through
September 30, 2007 the fees in this notice will become effective
October 1, 2006. The fees will apply to fiscal year 2007 annual charges
for the use of government lands.
    The Commission has concluded, with the concurrence of the
Administrator of the Office of Information and Regulatory Affairs of
OMB that this rule is not a ``major rule'' as defined in section 251 of
the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C
804(2).

EFFECTIVE DATE: October 1, 2006.

FOR FURTHER INFORMATION CONTACT: Fannie Kingsberry, Division of
Financial Services, Office of the Executive Director, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426,
(202) 502-6108.

SUPPLEMENTARY INFORMATION: Document Availability: In addition to
publishing the full text of this document in the Federal Register, the
Commission provides all interested persons an opportunity to view and/
or print the contents of this document via the Internet through FERC's
Home Page (http://www.ferc.gov) and in FERC's Public Reference Room

during normal business hours (8:30 a.m. to 5 p.m. Eastern time) at 888
First Street, NE., Room 2A, Washington, DC 20426.
    From FERC's Home Page on the Internet, this information is
available in the eLibrary (formerly FERRIS). The full text of this
document is available on eLibrary in PDF and MSWord format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
    User assistance is available for eLibrary and the FERC's Web site
during normal business hours by contacting FERC Online Support by
telephone at<PHONE_NUMBER> (toll free) or for TTY,<PHONE_NUMBER>, or
by e-mail at<EMAIL_ADDRESS>
List of Subjects in 18 CFR Part 11

    Electric power, Reporting and recordkeeping requirements.

Thomas R. Herlihy,
Executive Director, Office of the Executive Director.

0
Accordingly, the Commission, effective October 1, 2006, amends part 11
of Chapter I, Title 18 of the Code of Federal Regulations, as follows:

PART 11--[AMENDED]

0
1. The authority citation for part 11 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r; 42 U.S.C. 7101-7352.

0
2. In part 11, Appendix A is revised to read as follows.

APPENDIX A TO PART 11--FEE SCHEDULE FOR FY 2007

------------------------------------------------------------------------
            State                       County            (Fee/acre/yr)
------------------------------------------------------------------------
                               .......................
ALABAMA......................  ALL COUNTIES...........            $29.20
ARKANSAS.....................  ALL COUNTIES...........             21.90
ARIZONA......................  COCHISE, GILA, GRAHAM,               7.28
                                LA PAZ, MOHAVE,
                                NAVAJO, PIMA, YAVAPAI,
                                YUMA, COCONINO, (NORTH
                                OF COLORADO R.).
                               COCONINO (SOUTH OF                  29.20
                                COLORADO R.),
                                GREENLEE, MARICOPA,
                                PINAL, SANTA CRUZ.
CALIFORNIA...................  IMPERIAL, INYO, LASSEN,             14.60
                                MODOC, RIVERSIDE, SAN
                                BERNARDINO.
                               SISKIYOU...............             21.90
                                ALAMEDA, ALPINE,                   36.49
                                AMADOR, BUTTE,
                                CALAVERAS, COLUSA,
                                CONTRA COSTA, DEL
                                NORTE, EL DORADO,
                                FRESNO, GLENN,
                                HUMBOLDT, KERN, KINGS,
                                LAKE, MADERA,
                                MARIPOSA, MENDICINO,
                                MERCED, MONO, NAPA,
                                NEVADA, PLACER,
                                PLUMAS, SACRAMENTO,
                                SAN BENITO, SAN
                                JOAQUIN, SANTA CLARA,
                                SHASTA, SIERRA,
                                SOLANO, SONOMA,
                                STANISLAUS, SUTTER,
                                TEHAMA, TRINITY,
                                TULARE KINGS,
                                TUOLUMNE, YOLO, YUBA.
                               LOS ANGELES, MARIN,                 43.81
                                MONTEREY, ORANGE, SAN
                                DIEGO, SAN FRANCISCO,
                                SAN LUIS OBISPO, SAN
                                MATEO, SANTA BARBARA,
                                SANTA CRUZ, VENTURA.
COLORADO.....................  ADAMS, ARAPAHOE, BENT,               7.28
                                CHEYENNE, CROWLEY,
                                ELBERT, EL PASO,
                                HUERFANO, KIOWA, KIT
                                CARSON, LINCOLN,
                                LOGAN, MOFFAT,
                                MONTEZUMA, MORGAN,
                                PUEBLO, SEDGEWICK,
                                WASHINGTON, WELD, YUMA.
                               BACA, BROOMFIELD,                   14.60
                                DOLORES, GARFIELD, LAS
                                ANIMAS, MESA,
                                MONTROSE, OTERO,
                                PROWERS, RIO BLANCO,
                                ROUTT, SAN MIGUEL.

                               ALAMOSA, ARCHULETA,                 29.20
                                DBOULDER, CHAFFEE,
                                CLEAR CREEK, CONEJOS,
                                COSTILLA, CUSTER,
                                DENVER, DELTA,
                                DOUGLAS, EAGLE,
                                FREMONT, GILPIN,
                                GRAND, GUNNISON,
                                HINSDALE, JACKSON,
                                JEFFERSON, LAKE, LA
                                PLATA, LARIMER,
                                MINERAL, OURAY, PARK,
                                PITKIN, RIO GRANDE,
                                SAGUACHE, SAN JUAN,
                                SUMMIT, TELLER.
CONNECTICUT..................  ALL COUNTIES...........              7.28
FLORIDA......................  BAKER, BAY, BRADFORD,               43.81
                                CALHOUN, CLAY,
                                COLUMBIA, DIXIE,
                                DUVAL, ESCAMBIA,
                                FRANKLIN, GADSDEN,
                                GILCHRIST, GULF,
                                HAMILTON, HOLMES,
                                JACKSON, JEFFERSON,
                                LAFAYETTE, LEON,
                                LIBERTY, MADISON,
                                NASSAU, OKALOOSA,
                                SANTA ROSA, SUWANNEE,
                                TAYLOR, UNION,
                                WAKULLA, WALTON,
                                WASHINGTON.
                               ALL OTHER COUNTIES.....             72.97
GEORGIA......................  ALL COUNTIES...........             43.81
IDAHO........................  CASSIA, GOODING,                     7.28
                                JEROME, LINCOLN,
                                MINIDOKA, ONEIDA,
                                OWYHEE, POWER, TWIN
                                FALLS.
                               ADA, ADAMS, BANNOCK,                21.90
                                BEAR LAKE, BENEWAH,
                                BINGHAM, BLAINE,
                                BOISE, BONNER,
                                BONNEVILLE, BOUNDARY,
                                BUTTE, CAMAS, CANYON,
                                CARIBOU, CLARK,
                                CLEARWATER, CUSTER,
                                ELMORE, FRANKLIN,
                                FREMONT, GEM, IDAHO,
                                JEFFERSON, KOOTENAI,
                                LATAH, LEMHI, LEWIS,
                                MADISON, NEZ PERCE,
                                PAYETTE, SHOSHONE,
                                TETON, VALLEY,
                                WASHINGTON.
ILLINOIS.....................  ALL COUNTIES...........             21.90
INDIANA......................  ALL COUNTIES...........             36.49
KANSAS.......................  MORTON.................             14.60
                               ALL OTHER COUNTIES.....              7.28
KENTUCKY.....................  ALL COUNTIES...........             21.90
LOUISIANA....................  ALL COUNTIES...........             43.81
MAINE........................  ALL COUNTIES...........             21.90
MICHIGAN.....................  ALGER, BARAGA,                      21.90
                                CHIPPEWA, DELTA,
                                DICKINSON, GOGEBIC,
                                HOUGHTON, IRON,
                                KEWEENAW, LUCE,
                                MACKING, MARQUETTE,
                                MENOMINEE, ONTONAGON,
                                SCHOOLCRAFT.
                               ALL OTHER COUNTIES.....             29.20
MINNESOTA....................  ALL COUNTIES...........             21.90
MISSISSIPPI..................  ALL COUNTIES...........             29.20
MISSOURI.....................  ALL COUNTIES...........             21.90
MONTANA......................  BIG HORN, BLAINE,                    7.28
                                CARTER, CASCADE,
                                CHOUTEAU, CUSTER,
                                DANIELS, MCCONE,
                                MEAGHER, DAWSON,
                                FALLON, FERGUS,
                                GARFIELD, GLACIER,
                                GOLDEN VALLEY, HILL,
                                JUDITH BASIN, LIBERTY,
                                MUSSELSHELL,
                                PETROLEUM, PHILLIPS,
                                PONDERA, POWDER RIVER,
                                PRAIRIE, RICHLAND,
                                ROOSEVELT, ROSEBUD,
                                SHERIDAN, TETON,
                                TOOLE, TREASURE,
                                VALLEY, WHEATLAND,
                                WIBAUX, YELLOWSTONE.
                               BEAVERHEAD, BROADWATER,             21.90
                                CARBON, DEER LODGE,
                                FLATHEAD, GALLATIN,
                                GRANITE, JEFFERSON,
                                LAKE, LEWIS & CLARK,
                                LINCOLN, MADISON,
                                MINERAL, MISSOULA,
                                PARK, POWELL, RAVALLI,
                                SANDERS, SILVER BOW,
                                STILLWATER, SWEET
                                GRASS.
NEBRASKA.....................  ALL COUNTIES...........              7.28
NEVADA.......................  CHURCHILL, CLARK, ELKO,              3.65
                                ESMERALDA, EUREKA,
                                HUMBOLDT, LANDER,
                                LINCOLN, LYON,
                                MINERAL, NYE,
                                PERSHING, WASHOE,
                                WHITE PINE.
                               CARSON CITY, DOUGLAS,               36.49
                                STORY.
NEW HAMPSHIRE................  ALL COUNTIES...........             21.90
NEW MEXICO...................  CHAVES, CURRY, DE BACA,              7.28
                                DONA ANA, EDDY, GRANT,
                                GUADALUPE, HARDING,
                                HIDALGO, LEA, LUNA,
                                MCKINLEY, OTERO, QUAY,
                                ROOSEVELT, SAN JUAN,
                                SOCORRO, TORRENCE.
                               RIO ARRIBA, SANDOUAL,               14.60
                                UNION.
                               BERNALILLO, CATRON,                 29.20
                                CIBOLA, COLFAX,
                                LINCOLN, LOS ALAMOS,
                                MORA, SAN MIGUEL,
                                SANTA FE, SIERRA,
                                TAOS, VALENCIA.
NEW YORK.....................  ALL COUNTIES...........             29.20
NORTH CAROLINA...............  ALL COUNTIES...........             43.81
NORTH DAKOTA.................  ALL COUNTIES...........              7.28
OHIO.........................  ALL COUNTIES...........             29.20
OKLAHOMA.....................  BEAVER, CIMARRON, ROGER             14.60
                                MILLS, TEXAS.
                               LE FLORE, MC CURTAIN...             21.90
                               ALL OTHER COUNTIES.....              7.28
OREGON.......................  HARNEY, LAKE, MALHEUR..              7.28
                               BAKER, CROOK,                       14.60
                                DESCHUTES, GILLIAM,
                                GRANT, JEFFERSON,
                                KLAMATH, MORROW,
                                SHERMAN, UMATILLA,
                                UNION, WALLOWA, WASCO,
                                WHEELER,.
                               COOS, CURRY, DOUGLAS,               21.90
                                JACKSON, JOSEPHINE.
                               BENTON, CLACKAMAS,                  29.20
                                CLATSOP, COLUMBIA,
                                HOOD RIVER, LANE,
                                LINCOLN, LINN, MARION,
                                MULTNOMAH, POLK,
                                TILLAMOOK, WASHINGTON,
                                YAMHILL.
PENNSYLVANIA.................  ALL COUNTIES...........             29.20
PUERTO RICO..................  ALL....................             43.81
SOUTH CAROLINA...............  ALL COUNTIES...........             43.81
SOUTH DAKOTA.................  BUTTE, CUSTER, FALL                 21.90
                                RIVER, LAWRENCE, MEAD,
                                PENNINGTON.
                               ALL OTHER COUNTIES.....              7.28
TENNESSEE....................  ALL COUNTIES...........             29.20
TEXAS........................  CULBERSON, EL PASO,                  7.28
                                HUDSPETH.
                               ALL OTHER COUNTIES.....             43.81
UTAH.........................  BEAVER, BOX ELDER,                   7.28
                                CARBON, DUCHESNE,
                                EMERY, GARFIELD,
                                GRAND, IRON, JUAB,
                                KANE, MILLARD, SAN
                                JUAN, TOOELE, UINTAH,
                                WAYNE.
                               WASHINGTON.............             14.60
                               CACHE, DAGGETT, DAVIS,              21.90
                                MORGAN, PIUTE, RICH,
                                SALT LAKE, SANPETE,
                                SEVIER, SUMMIT, UTAH,
                                WASATCH, WEBER.

VERMONT......................  ALL COUNTIES...........             29.20
VIRGINIA.....................  ALL COUNTIES...........             29.20
WASHINGTON...................  ADAMS, ASOTIN, BENTON,             $14.60
                                CHELAN, COLUMBIA,
                                DOUGLAS, FRANKLIN,
                                GARFIELD, GRANT,
                                KITTITAS, KLICKITAT,
                                LINCOLN, OKANOGAN,
                                SPOKANE, WALLA WALLA,
                                WHITMAN, YAKIMA,.
                               FERRY, PEND OREILLE,                21.90
                                STEVENS.
                               CLALLAM, CLARK,                     29.20
                                COWLITZ, GRAYS HARBOR
                                ISLAND, JEFFERSON,
                                KING, KITSAP, LEWIS,
                                MASON, PACIFIC,
                                PIERCE, SAN JUAN,
                                SKAGIT, SKAMANIA,
                                SNOHOMISH, THURSTON,
                                WAHKIAKUM, WHATCOM.
WEST VIRGINIA................  ALL COUNTIES...........             29.20
WISCONSIN....................  ALL COUNTIES...........             21.90
WYOMING......................  ALBANY, CAMPBELL,                    7.28
                                CARBON, CONVERSE,
                                GOSHEN, HOT SPRINGS,
                                JOHNSON, LARAMIE,
                                LINCOLN, NATRONA,
                                NIOBRARA, PLATTE,
                                SHERIDAN, SWEETWATER,
                                FREMONT, SUBLETTE,
                                UINTA, WASHAKIE.
                               BIG HORN, CROOK, PARK,              21.90
                                TETON, WESTON.
ALL OTHER ZONES..............  .......................              5.74
------------------------------------------------------------------------

[FR Doc. E6-22365 Filed 1-11-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 11 (Wednesday, January 18, 2023)]
[Rules and Regulations]
[Pages 2815-2816]
[FR Doc No: 2023-00726]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1207; Airspace Docket No. 22-ANE-9]
RIN 2120-AA66

Amendment of Class D and Class E Airspace; Manchester and Nashua,
NH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class E surface airspace, Class E airspace
designated as an extension to a Class C surface area, and Class E
airspace extending upward from 700 feet above the surface at Manchester
Boston Regional Airport (formerly Manchester Airport), Manchester, NH,
and updating the airport's geographic coordinates. Also, this action
amends Class D airspace, Class E airspace designated as an extension to
Class D surface area, and Class E airspace extending upward from 700
feet above the surface at Boire Field Airport (formerly Boire Field),
by updating the name of each airport, and removing unnecessary verbiage
from the airport description. Controlled airspace is necessary for the
safety and management of instrument flight rules (IFR) operations in
the area.

DATES: Effective 0901 UTC, April 20, 2023. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC, 20591; Telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106,
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends airspace in Manchester and Nashua, NH, to support IFR
operations in the area.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (87 FR 60356, October 5, 2022) for Docket No. FAA-2022-1207 to
amend Class E surface airspace, Class E airspace designated as an
extension to a Class C surface area, and Class E airspace extending
upward from 700 feet above the surface at Manchester Boston Regional
Airport (formerly Manchester Airport), Manchester, NH, and updating the
airport's coordinates. Also, this action proposed to amend Class D
airspace, Class E airspace designated as an extension to Class D
surface area, and Class E airspace extending upward from 700 feet above
the surface at Boire Field Airport (formerly Boire Field), by updating
the names of each airport, and removing unnecessary verbiage from the
airport description.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class D and E airspace designations are published in Paragraphs
5000, 6002, 6003, 6004, and 6005, respectively, of FAA Order JO
7400.11G, dated August 19, 2022, and effective September 15, 2022,
which is incorporated by reference in 14 CFR 71.1. The Class E airspace
designations listed in this document will be published subsequently in
FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11G, Airspace Designations
and Reporting Points, dated August 19, 2022, and effective September
15, 2022. FAA Order JO 7400.11G is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11G lists Class
A, B, C, D, and E airspace areas, air traffic routes, and reporting
points.

The Rule

    The FAA is amending 14 CFR part 71 by amending Class E surface
airspace, Class E airspace designated as an extension to a Class C
surface area, and Class E airspace extending upward from 700 feet above
the surface at Manchester Boston Regional Airport (formerly Manchester
Airport) Manchester, NH. This action also updates the coordinates of
Manchester Boston Regional Airport. Also, this action amends Class D
airspace, Class E airspace designated as an extension to Class D
surface area, and Class E airspace extending upward from 700 feet above
the surface at Boire Field Airport (formerly Boire Field), by removing
unnecessary verbiage from the airport description, as the Class E
extensions are not part time, as per Order 7400.2N. This action also
replaces the term Notice to Airmen with the term Notice to Air
Missions, and the term Airport/Facility Directory with the term Chart
Supplement in the airspace descriptions, and updates the name of both
airports.
    Class D and E airspace designations are published in Paragraphs
5000, 6002, 6003, 6004, and 6005, respectively, of FAA Order JO
7400.11F, dated August 10, 2021, and effective September 15, 2021,
which is incorporated by reference in 14 CFR 71.1. The Class E airspace
designations listed in this document will be published subsequently in
FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    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 minimal. Since this is a routine matter that only
affects air traffic procedures and air navigation, it is certified that
this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion

under the National Environmental Policy Act in accordance with FAA
Order 1050.1F, ``Environmental Impacts: Policies and Procedures,''
paragraph 5-6.5a.
    This airspace action is not expected to cause any potentially
significant environmental impacts, and no extraordinary circumstances
exist that warrant the preparation of an environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air)

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

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

0
1. The authority citation for part 71 continues to read as follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11G,
Airspace Designations and Reporting Points, dated August 19, 2022, and
effective September 15, 2022, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ANE NH D Nashua, NH [Amended]

Boire Field Airport, NH
    (Lat. 42[deg]46'57'' N, long. 71[deg]30'51'' W)
Pepperell Airport, MA
    (Lat. 42[deg]41'46'' N, long. 71[deg]33'00'' W)

    That airspace extending upward from the surface to and including
2,700 feet MSL within a 5-mile radius of Boire Field Airport;
excluding that airspace within a 2-mile radius of Pepperell Airport.
This Class D airspace area is effective during the specific dates
and times established in advance by a Notice to Air Missions. The
effective date and time will thereafter be continuously published in
the Chart Supplement.

Paragraph 6002 Class E Surface Airspace.

* * * * *

ANE NH E2 Manchester, NH [Amended]

Manchester Boston Regional Airport, NH
    (Lat. 42[deg]55'58'' N, long. 71[deg]26'09'' W)

    That airspace extending upward from surface the within a 5-mile
radius of the Manchester Boston Regional Airport. This Class E
airspace area is effective during the specific dates and times
established in advance by a Notice to Air Missions. The effective
date and time will thereafter be continuously published in the Chart
Supplement.

Paragraph 6003 Class E Airspace Designated as an Extension to Class
C Area.

* * * * *

ANE NH E3 Manchester, NH [Amended]

Manchester Boston Regional Airport, NH
    (Lat. 42[deg]55'58'' N, long. 71[deg]26'09'' W)

    That airspace extending upward from the surface within 3.3-miles
each side of the 337[deg] bearing of Manchester Boston Regional
Airport extending from the 5-mile radius to 8.5-miles northwest of
the airport.

Paragraph 6004 Class E Airspace Designated as an Extension to Class
D Surface Area.

* * * * *

ANE NH E4 Nashua, NH [Amended]

Boire Field Airport, NH
    (Lat. 42[deg]46'57'' N, long. 71[deg]30'51'' W)
Manchester VOR/DME
    (Lat. 42[deg]52'07'' N, long. 71[deg]22'10'' W)

    That airspace extending upward from the surface within 1.1 miles
on each side of the Manchester VOR/DME 231[deg] radial extending
from the 5-mile radius to 8.4 miles northeast of Boire Field
Airport.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANE NH E5 Nashua, NH [Amended]

Boire Field Airport, NH
    (Lat. 42[deg]46'57'' N, long. 71[deg]30'51'' W)

    That airspace extending upward from 700 feet above the surface
within a 7.9-mile radius of Boire Field Airport.

ANE NH E5 Manchester, NH [Amended]

Manchester Boston Regional Airport, NH
    (Lat. 42[deg]55'58'' N, long. 71[deg]26'09'' W)

    That airspace extending upward from 700 feet above the surface
within a 23-mile radius of the Manchester Boston Regional Airport.

    Issued in College Park, Georgia, on January 11, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-00726 Filed 1-17-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 21, 2005 (Volume 70, Number 203)]
[Notices]
[Page 61269]
[DOCID:fr21oc05-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-21-000]

Distrigas of Massachusetts LLC; Notice of Proposed Changes in
FERC Gas Tariff

October 14, 2005.
    Take notice that on October 11, 2005, Distrigas of Massachusetts
LLC (DOMAC) tendered for filing as part of its FERC Gas Tariff,
Original Volume No. 1, the following revised Tariff sheets, proposed to
be effective November 1, 2005:

Fifth Revised Sheet No. 29
Fourth Revised Sheet No. 38
Fourth Revised Sheet No. 39
Fourth Revised Sheet No. 40
Fourth Revised Sheet No. 41
Original Sheet No. 48A
Original Sheet No. 48B
Original Sheet No. 48C
Original Sheet No. 48D
Original Sheet No. 48E
Original Sheet No. 48F
Original Sheet No. 48G

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

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

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E5-5825 Filed 10-20-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Page 35081]
[FR Doc No: 2021-14064]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 6972-033]

Ampersand Hollow Dam Hydro LLC; Notice of Intent To File License
Application, Filing of Pre-Application Document, and Approving Use of
the Traditional Licensing Process

    a. Type of Application: Notice of Intent to File License
Application and Request to Use the Traditional Licensing Process.
    b. Project No.: 6972-033.
    c. Date filed: April 29, 2021.
    d. Submitted by: Ampersand Hollow Dam Hydro LLC (Ampersand Hydro).
    e. Name of Project: Hollow Dam Hydroelectric Project.
    f. Location: Located on the West Branch Oswegatchie River in the
town of Fowler, St. Lawrence County, New York. The project does not
occupy any federal land.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Mr. Sayad Moudachirou, Licensing
Manager, Ampersand Hollow Dam Hydro LLC, 717 Atlantic Avenue, Boston,
MA 02111, Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    i. FERC Contact: John Stokely, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    j. Ampersand Hydro filed its request to use the Traditional
Licensing Process on April 29, 2021. Ampersand Hydro provided public
notice of its request on May 7, 2021. In a letter dated June 25, 2021,
the Director of the Division of Hydropower Licensing approved Ampersand
Hydro's request to use the Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service and/or NOAA Fisheries under section
7 of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR, part 402; and NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920. We are also initiating
consultation with the New York State Historic Preservation Officer, as
required by section 106, National Historic Preservation Act, and the
implementing regulations of the Advisory Council on Historic
Preservation at 36 CFR 800.2.
    l. The applicant filed a Pre-Application Document (PAD; including a
proposed process plan and schedule) with the Commission, pursuant to 18
CFR 5.6 of the Commission's regulations.
    m. A copy of the PAD may be viewed on the Commission's website
(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. At this time, the Commission has suspended access
to the Commission's Public Reference Room, due to the proclamation
declaring a National Emergency concerning the Novel Coronavirus Disease
(COVID-19), issued by the President on March 13, 2020. For assistance,
contact FERC Online Support at<EMAIL_ADDRESS>(866) 208
3676 (toll free), or<PHONE_NUMBER> (TTY).
    n. The licensee states its unequivocal intent to submit an
application for a subsequent license for Project No. 6972. Pursuant to
18 CFR 16.20 each application for a subsequent license and any
competing license applications must be filed with the Commission at
least 24 months prior to the expiration of the existing license. All
applications for license for this project must be filed by April 30,
2024.
    o. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: June 25, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-14064 Filed 6-30-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 241 (Monday, December 16, 2013)]
[Rules and Regulations]
[Pages 76059-76060]
[FR Doc No: 2013-29810]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 558

[Docket No. FDA-2012-N-0002]

New Animal Drugs for Use in Animal Feeds; Bambermycins

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; technical amendment.

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

SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to remove dairy replacement heifers from the pasture
cattle class for which free-choice, loose-mineral medicated feeds
containing bambermycins are approved. This action is being taken
because a level of selenium for inclusion in such feeds has not been
established for dairy cattle under the food additive regulation for
selenium.

DATES: This rule is effective December 16, 2013.

FOR FURTHER INFORMATION CONTACT: Amey L. Adams, Center for Veterinary
Medicine (HFV-120), Food and Drug Administration, 7500 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: FDA has noticed that the animal drug
regulations for bambermycins free-choice, loose-mineral Type C
medicated feeds for pasture cattle (slaughter, stocker, and feeder
cattle; and dairy and beef replacement heifers) specify formulations
including trace mineral premixes that include selenium. However, the
food additive regulation for selenium in salt-mineral mixtures for
free-choice feeding (21 CFR 573.920(c)(3)) does not provide for use in
dairy cattle. For this reason, FDA is revising the regulations to
remove dairy replacement heifers from the pasture cattle class for
which free-choice medicated feeds containing bambermycins are approved.
This action is being taken to improve the accuracy of the regulations.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects in 21 CFR Part 558

    Animal drugs, Animal feeds.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under

authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 558 is
amended as follows:

PART 558--NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS

0
1. The authority citation for 21 CFR part 558 continues to read as
follows:

    Authority:  21 U.S.C. 360b, 371.

0
2. In Sec.  558.95, revise the introductory text in paragraphs
(d)(4)(iii) and (d)(4)(iv), and the first sentence in paragraph
(d)(4)(iii)(d) to read as follows:

Sec.  558.95  Bambermycins.

* * * * *
    (d) * * *
    (4) * * *
    (iii) Used as a free-choice Type C medicated loose-mineral feed for
pasture cattle (slaughter, stocker, and feeder cattle; and beef
replacement heifers) as follows:
* * * * *
    (d) Limitations. For free-choice feeding to pasture cattle
(slaughter, stocker, and feeder cattle; and beef replacement heifers).
* * *
    (iv) Use free-choice Type C medicated feeds for pasture cattle
(slaughter, stocker, and feeder cattle; and beef replacement heifers)
as follows:
* * * * *

    Dated: December 11, 2013.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2013-29810 Filed 12-13-13; 8:45 am]
BILLING CODE 4160-01-P