[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)]
[Proposed Rules]
[Pages 38992-38999]
[FR Doc No: 2016-14102]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0603; FRL-9947-67-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Philadelphia County Reasonably Available Control
Technology Under the 1997 8-Hour Ozone National Ambient Air Quality
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve state implementation plan (SIP) revisions submitted by the
Commonwealth of Pennsylvania. These revisions pertain to a
demonstration that Philadelphia County (Philadelphia) meets the
requirements for reasonably available control technology (RACT) of the
Clean Air Act (CAA) for nitrogen oxides (NOX) and volatile
organic compounds (VOC) as ozone precursors for the 1997 8-hour ozone
national ambient air quality standards (NAAQS). In this rulemaking
action, EPA is proposing to approve three separate SIP revisions
addressing RACT under the 1997 8-hour ozone NAAQS for Philadelphia,
including new or revised source-specific RACT determinations for
fifteen major sources of NOX and/or VOC and certifications
that certain previous source-specific RACT determinations for major
sources of NOX and/or VOC continue to adequately represent
RACT under the 1997 8-hour ozone NAAQS. EPA also proposes to convert
the prior conditional approval of the Philadelphia RACT demonstration
for the 1997 8-hour ozone NAAQS to full approval, as Pennsylvania has
met the obligations associated with the conditional approval. EPA
therefore proposes to find that Pennsylvania has met all applicable
RACT requirements under the CAA for the 1997 8-hour ozone NAAQS for
Philadelphia. This action is being taken under the CAA.

DATES: Written comments must be received on or before July 15, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2008-0603 at http://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed

from Regulations.gov. For either manner of submission, the EPA may
publish any comment received to its public docket. Do not submit
electronically any information you consider to be confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e. on the web,
cloud, or other file sharing system). For additional submission
methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On June 27, 2014, February 18, 2015, and
April 26, 2016, the Pennsylvania Department of Environmental Protection
(PADEP) submitted on behalf of Philadelphia Air Management Services
(AMS) three separate revisions to its SIP to satisfy the RACT
requirements for the 1997 8-hour ozone NAAQS for Philadelphia.
Altogether, the Philadelphia RACT SIP revisions are intended to fulfill
the conditions in EPA's December 13, 2013 conditional approval. 78 FR
75902.

I. Background

A. General

    Ground level ozone pollution (commonly referred to as smog) is
formed when VOC react with NOX in the presence of sunlight.
In order to reduce ozone concentrations in the ambient air, the CAA
requires all nonattainment areas to apply controls on VOC and
NOX emission sources to achieve emission reductions. Among
effective control measures, RACT controls are a major group for
reducing VOC and NOX emissions from stationary sources.
    Since the 1970's, EPA has consistently interpreted RACT to mean the
lowest emission limit that a particular source is capable of meeting by
the application of the control technology that is reasonably available
considering technological and economic feasibility.\1\ Section
172(c)(1) of the CAA provides that SIPs for nonattainment areas must
include reasonably available control measures (RACM) for attainment of
the NAAQS, including emissions reductions from existing sources through
adoption of RACT. Sections 182(b)(2) and (f)(1) of the CAA require
states with moderate, or worse, ozone nonattainment areas to implement
RACT controls on each category of stationary sources covered by a
control technique guideline (CTG) document issued by EPA and on all
major stationary sources of VOC and NOX emissions located in
the area.\2\ Pursuant to section 184(b) of the CAA, the same
requirements for sources of NOX and VOC apply to any areas
in an ozone transport region (OTR) established under section 184(a),
therefore including marginal and moderate nonattainment areas as well
attainment areas within an OTR. A single OTR has been established,
comprised of 12 eastern states, or portions thereof, and the District
of Columbia (hereafter, ``the OTR''). The entire Commonwealth of
Pennsylvania is part of the OTR.
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    \1\ See 44 FR 53782 (September 17, 1979); EPA's 1976 memorandum
from Roger Strelow, Assistant Administrator for Air and Waste
Management to Regional Administrators, ``Guidance for Determining
Acceptability of SIP Regulations in Non-attainment Areas'' (December
9, 1976); and also, 72 FR 20586, 20610 (April 25, 2007).
    \2\ A major source in an ozone nonattainment area is defined as
any stationary source that emits or has the potential to emit
NOX and VOC emissions above a certain applicability
threshold that is based on the classification of the ozone
nonattainment area. See ``major stationary source'' in 40 CFR
51.165.
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    On July 18, 1997 (62 FR 38856), EPA revised the NAAQS for ground-
level ozone, setting at 0.08 parts per million (ppm) averaged over an
8-hour time frame. On April 15, 2004, EPA issued final designations for
the 1997 8-hour ozone NAAQS, which included Philadelphia County as part
of the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE moderate
ozone nonattainment area. 69 FR 23858, at 23931 (April 30, 2004). At
the same time, EPA published the first phase of its final rule to
implement the 1997 8-hour ozone NAAQS (Phase I Ozone Implementation
Rule), in which EPA revoked the previous 1-hour ozone NAAQS for most
areas of the country, effective on June 15, 2005, and established anti-
backsliding principles to transition from implementing the revoked 1-
hour ozone NAAQS to the more protective 1997 8-hour ozone NAAQS, as
codified in 40 CFR 51.905.\3\ The nonattainment designation for
Philadelphia under the 1997 8-hour ozone NAAQS, and its location in the
OTR, triggered the Commonwealth's obligation to submit a SIP revision
addressing how it meets the CAA RACT requirements in Philadelphia under
the standard.
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    \3\ ``Final Rule to Implement the 8-Hour Ozone National Ambient
Air Quality Standard--Phase 1,'' 69 FR 23951 (April 30, 2001).
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    On March 12, 2008 (73 FR 16436), EPA significantly strengthened the
8-hour ozone NAAQS by revising the primary 8-hour ozone standard to a
level of 0.075 ppm. On March 6, 2015 (80 FR 12264), EPA published a
final rule for the implementation of the 2008 8-hour ozone NAAQS, while
at the same time revoking the 1997 8-hour ozone NAAQS, effective on
April 6, 2015.\4\ Consistent with EPA's previous approach, the 2008 8-
Hour Ozone Implementation Rule established anti-backsliding principles
to transition from implementing the revoked 1997 8-hour ozone NAAQS to
the 2008 8-hour ozone NAAQS, as codified in 40 CFR 51.1100. In this
rule, EPA clarified that RACT under the 1997 8-hour ozone NAAQS, among
other requirements, continues to apply to a nonattainment area, in
accordance with its designation and classification for the 1997 8-hour
ozone NAAQS at the time of the revocation of the standard. Therefore,
1997 8-hour ozone RACT continues to be an applicable requirement for
Philadelphia.
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    \4\ ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements'' Final
Rule, 80 FR 12264 (March 6, 2015).
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    The implementation of RACT controls under the 1997 8-hour ozone
NAAQS is required in Philadelphia for each category of VOC sources
covered by a CTG document issued by EPA (i.e., CTG RACT) and all other
major stationary sources of NOX and VOC (major source RACT
or non-CTG RACT), as defined for a moderate nonattainment area.
Philadelphia was also subject to the CAA RACT requirements under the 1-
hour ozone NAAQS, as it was designated as part of the Philadelphia-
Wilmington-Trenton, PA-NJ-DE-MD severe ozone nonattainment area under
the 1-hour ozone NAAQS. See 56 FR 56694, 56822 (November 6, 1991). As a
result, PADEP and AMS implemented numerous RACT controls in
Philadelphia to meet the statutory RACT requirements under this
previous standard.

B. EPA's Requirements Under the 1997 8-Hour Ozone RACT

    On November 29, 2005, EPA published the second phase to its
implementation rule to address nonattainment SIP requirements for the
1997 8-hour ozone NAAQS (the Phase 2

Ozone Implementation Rule).\5\ This rule addressed, among other things,
control and planning obligations as they apply to nonattainment areas
under the 1997 8-hour ozone NAAQS, including RACT and RACM. In this
rule, EPA specifically required that states meet the RACT requirements
under the 1997 8-hour ozone NAAQS, either through a certification that
previously adopted RACT controls in their SIP revisions approved by EPA
under the 1-hour ozone NAAQS continue to represent adequate RACT
control levels for 1997 8-hour ozone NAAQS attainment purposes, or
through the adoption of new or more stringent regulations that
represent RACT control levels.\6\ A certification must be accompanied
by appropriate supporting information such as consideration of
information received during the public comment period and consideration
of new data. Adoption of new RACT regulations should occur when states
have new stationary sources not covered by existing RACT regulations,
or when new data or technical information indicates that a previously
adopted RACT measure does not represent a newly available RACT control
level. EPA also requires states to submit a negative declaration if
there are no CTG major sources of VOC and NOX emissions
within the nonattainment area in lieu of or in addition to a
certification.
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    \5\ ``Final Rule to Implement the 8-Hour Ozone National Ambient
Air Quality Standard--Phase 2,'' 70 FR 71612-71705 (November 29,
2005).
    \6\ For more information, see the preamble of the final Phase 2
Ozone Implementation Rule for a discussion of EPA's interpretation
of the CAA RACT requirements for the 1997 8-hour ozone NAAQS, in 70
FR 71652-71659 (November 29, 2005).
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    EPA particularly addressed controls for NOX emissions
from electric generating units (EGUs) in the Phase 2 Ozone
Implementation Rule. EPA determined that the regional NOX
emissions reductions that result from either the NOX SIP
Call or the Clean Air Interstate Rule (CAIR) for addressing interstate
transport of ozone pollution, would meet the NOX RACT
requirement for EGUs located in states included within the respective
geographic regions. Thus, EPA concluded that the states did not need to
perform a NOX RACT analysis for sources subject to the
state's emission cap-and-trade program where such program has been
adopted by the state and approved by EPA as meeting the NOX
SIP Call requirements or, in states achieving the CAIR reductions
solely from EGUs, the CAIR NOX requirements.
    In November 2008, several parties challenged the Phase 2 Ozone
Implementation Rule, particularly, EPA's determination that compliance
by EGUs with the requirements of the NOX SIP and/or CAIR
could also be construed as compliance with RACT under the 1997 8-hour
ozone NAAQS. As a result of this litigation, the United States Court of
Appeals for the District of Columbia Circuit (D.C. Circuit) decided
that such presumptions and determinations by EPA in the Phase 2 Ozone
Implementation Rule were inconsistent with the statutory requirements
of section 172(c)(1) of the CAA. Because region-wide RACT-level
emissions reductions do not meet the statutory requirement that the
reductions be from sources in the nonattainment area, the D.C. Circuit
found that EPA had not shown that compliance with NOX SIP
Call would result in at least RACT-level reductions in emissions from
sources within each nonattainment area. See NRDC v. EPA, 571 F.3d 1245
(D.C. Cir. 2009).\7\
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    \7\ The D.C. Circuit addressed whether reductions from the
NOX SIP call could address NOX RACT. The issue
as to whether CAIR satisfies NOX RACT for EGUs was not
addressed by the D.C. Circuit because the D.C. Circuit had already
remanded CAIR to EPA for further analysis at that time. See North
Carolina v. EPA, 531 F.3d 896; modified by 550 F.3d 1176 (D.C. Cir.
2008). In subsequent litigation, the rule that EPA promulgated to
replace CAIR (i.e., the Cross State Air Pollution Rule or CSAPR) was
initially vacated by the D.C. Circuit but upheld by the U.S. Supreme
Court. EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584
(2014). EPA began implementing CSAPR in January 2015. See 79 FR
71663 (December 3, 2014) (interim final rulemaking issued after D.C.
Circuit lifted stay on CSAPR). Thus, EPA decided it would be
appropriate to reconsider its prior determination that CAIR could
satisfy NOX RACT in light of the earlier decision in NRDC
v. EPA. See 79 FR 32892 (June 9, 2014) (proposing removal of prior
determination that CAIR could be NOX RACT).
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C. EPA's Conditional Approval for Philadelphia's 1997 8-Hour Ozone RACT
Demonstration

    On September 29, 2006, PADEP submitted, on behalf of AMS, a SIP
revision purporting to address the RACT requirements for Philadelphia
under the 1997 8-hour ozone NAAQS. The 2006 SIP revision consisted of a
RACT demonstration for Philadelphia, including (1) a certification that
previously adopted RACT regulations that were approved by EPA in
Pennsylvania's SIP for Philadelphia under the 1-hour ozone NAAQS
continue to represent RACT for the 1997 8-hour ozone NAAQS
implementation purposes; (2) the adoption of federally enforceable
permits that represent CTG RACT control for four major VOC sources; and
(3) a negative declaration that certain VOC source categories that
would be covered by CTG documents do not exist in Philadelphia.
    EPA identified two deficiencies in the 2006 SIP revision which
precluded EPA's approval. First, the 2006 SIP revision included as RACT
certain provisions that relied on the NOX SIP Call, which in
light of the 2009 D.C. Circuit decision in NRDC v. EPA regarding the
inappropriateness of the NOX SIP Call as RACT, precluded EPA
from approving the 2006 SIP revision. Specifically, the 2006 SIP
submittal certified as RACT the following PADEP regulations: 25 Pa Code
sections 145.1-145.100 (``NOX Budget Trading Program''), 25
Pa Code sections 145.111-145.113 (``Emissions of NOX from
Stationary Internal Combustion Engines''), and 25 Pa Code sections
145.141-144 (``Emissions of NOX from Cement
Manufacturing''). Second, EPA also determined that the Philadelphia
2006 SIP revision did not sufficiently address the source-specific RACT
requirements for 46 major sources of NOX and/or VOC that
were previously approved under the 1-hour ozone NAAQS, per the SIP
approved regulation in 25 Pa Code sections 129.91-92, which AMS
certified as RACT under the 1997 8-hour ozone NAAQS.
    On June 22, 2010, PADEP submitted another RACT SIP revision
addressing certain CTG RACT requirements that superseded portions of
the RACT demonstration in the 2006 SIP revision. The 2010 SIP revision
consisted of two new CTG regulations, Air Management Regulation (AMR) V
section XV (``Control of Volatile Organic Compounds (VOC) from Marine
Vessel Coating Operations'') and AMR V section XVI (``Synthetic Organic
Manufacturing Industry (SOCMI) Air Oxidation, Distillation, and Reactor
Processes''), and related amendments to AMR V Section I
(``Definitions''), as adopted by AMS on April 26, 2010, effective upon
adoption. The 2010 SIP revision also included a negative declaration
demonstrating that there are no sources in Philadelphia for the CTG
source category of natural gas and gasoline processing plants. The CTG
regulations adopted in 2010 superseded source-specific RACT
determinations provided in the 2006 SIP revision, because the new
provisions are as, if not more, stringent than those RACT requirements
previously submitted in 2006.\8\ Additionally, the 2010 SIP

revision clarified that in the 2006 SIP submission, AMS had erroneously
defined two sources in Philadelphia under the CTG category for natural
gas and gasoline processing plants, and for which AMS submitted source-
specific RACT determinations in the 2006 SIP revision. For these
reasons, EPA determined that the provisions in the 2006 and 2010 SIP
revisions were related in addressing Philadelphia's 1997 8-hour ozone
NAAQS RACT obligation and were not separable for approval purposes as
each SIP submittal contained provisions addressing RACT obligations.
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    \8\ AMR V section XV and AMR V section XVI address EPA's RACT
requirements as specified in the following CTGs: (1) ``Control
Techniques Guidelines for Shipbuilding and Ship Repair Operations
(Surface Coating)'' (61 FR 44050, August 27, 1996), (2) ``Control of
Volatile Organic Compound Emissions from Air Oxidation Processes in
Synthetic Organic Chemical Manufacturing Industry'' (EPA-450/3-84-
015, December 1984), and (3) ``Control of Volatile Organic Compound
Emissions from Reactor Processes and Distillation Operations in
Synthetic Organic Chemical Manufacturing Industry'' (EPA-450/4-91-
031, August 1993).
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    Pursuant to section 110(k)(4) of the CAA, on April 26, 2013, PADEP
submitted, on behalf of AMS, a letter in which AMS committed to submit
SIP revisions addressing the source-specific RACT requirements for
major sources of NOX and/or VOC in Philadelphia under the
1997 8-hour ozone NAAQS, including EGUs that were presumed to rely on
the NOX SIP Call provisions to meet RACT. In the April 26,
2013 letter, AMS identified five sources that since the approval of the
1-hour ozone source-specific RACT determinations have adopted or will
adopt additional controls that it believed represent RACT under the
1997 8-hour ozone NAAQS, and for which it would submit new source-
specific RACT determinations: (1) Philadelphia Energy Solutions
Refining and Marketing, LLC (formerly Sunoco Inc. (R&M)--Philadelphia),
(2) Kraft Nabisco (formerly Nabisco Biscuit Co, and presently
Mondelez), (3) Temple University--Health Sciences Campus, (4) GATX
Terminals Corporation (presently, Kinder Morgan Liquids terminals,
LLC), and (5) Honeywell International--Frankford Plant (formerly Sunoco
Chemicals--Frankford Plant). Additionally, AMS indicated it would
submit source-specific RACT determinations for five EGU sources in
Philadelphia that relied on emissions reductions under the
NOX SIP Call as RACT including: (1) Exelon Generating
Company--Delaware Station, (2) Exelon Generating Company--Richmond
Station, (3) Exelon Generating Company-- Schuylkill Station, (4) Veolia
Energy--Edison Station (formerly TRIGEN--Edison Station), and (5)
Veolia Energy--Schuylkill Station (formerly TRIGEN- Schuylkill
Station). AMS needed to submit source-specific RACT determinations or
alternative certifications to address RACT for any major NOX
sources, such as EGUs, for which AMS relied in prior SIP submissions on
the NOX SIP Call to address RACT for the 1997 8-hour ozone
NAAQS, because EPA cannot approve as RACT provisions relying on the
NOX SIP Call. See NRDC v. EPA, 571 F.3d 1245.
    On June 19, 2013 (78 FR 36716), EPA proposed conditional approval
of the Philadelphia 1997 8-hour ozone RACT demonstration included in
both the 2006 and 2010 RACT SIP revisions, based upon AMS's commitment
to submit additional SIP revisions to correct the deficiencies
previously identified by EPA.\9\ In the June 19, 2013 proposed
conditional approval, EPA proposed that in order to correct the
deficiencies in the Philadelphia 1997 8-hour ozone RACT demonstration,
AMS needed to provide a source-specific RACT analysis for each major
NOX/VOC source subject to 25 Pa Code 129.91-92 for which
current controls do not currently and adequately represent RACT for the
1997 8-hour ozone NAAQS, including each of the 10 major NOX
and/or VOC sources identified by AMS in the April 26, 2013 letter, or
alternatively provide a certification that source-specific RACT
controls for all other major sources of NOX and VOC in
Philadelphia previously approved by EPA in Pennsylvania's SIP for the
1-hour ozone NAAQS continue to adequately represent RACT for the 1997
8-hour ozone NAAQS.
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    \9\ In this action, EPA also withdrew its previous proposed rule
published on August 26, 2008 (73 FR 50270), proposing to fully
approve the 2006 SIP revision addressing 1997 8-hour ozone RACT for
Philadelphia.
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    On December 13, 2013 (78 FR 75902), EPA finalized its conditional
approval of the Philadelphia 1997 8-hour ozone RACT demonstration, as
provided in the 2006 and 2010 SIP revisions, with the condition that
Pennsylvania, on behalf of AMS, submits additional SIP revisions
addressing source-specific RACT to address the deficiencies in the
previously submitted 1997 8-hour ozone RACT demonstration. As stated in
the December 13, 2013 final action, once EPA determines that AMS has
satisfied this condition, EPA shall remove the conditional nature of
such approval and the Philadelphia 1997 8-hour ozone RACT demonstration
will receive at that time full approval status. For a detailed
discussion of EPA's conditional approval of Philadelphia's 1997 8-hour
ozone RACT demonstration and the identified deficiencies of the 2006
SIP revision, see 78 FR 75902 (December 13, 2013) (final action) and 78
FR 36716 (June 19, 2013) (proposed action).

II. Summary of SIP Revisions

    To satisfy the requirements from EPA's December 13, 2013
conditional approval, PADEP has submitted to EPA, on behalf of AMS,
subsequent SIP revisions addressing the source-specific RACT
requirements for major sources in Philadelphia subject to 25 Pa Code
129.91-92. On June 27, 2014, February 18, 2015, and April 26, 2016,
PADEP submitted to EPA, on behalf of AMS, three separate SIP revisions
pertaining to the Philadelphia 1997 8-hour ozone RACT demonstration
(hereafter collectively referred to as ``the Philadelphia RACT SIP
revisions''). AMS provided documentation in the Philadelphia RACT SIP
revisions to support that RACT has been met for all major sources of
NOX and/or VOC in Philadelphia, including source-specific
RACT determinations for affected emission units at each major source
subject to 25 Pa Code 129.91-92.\10\ Specifically, AMS evaluated a
total of 25 major NOX and/or VOC sources in Philadelphia for
RACT.
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    \10\ The applicable ``major source'' thresholds for 1997 8-hour
ozone RACT purposes are 50 tons per year (TPY) of VOC and 100 TPY of
NOX or greater of potential emissions for each respective
pollutant, in light of the moderate ozone classification of
Philadelphia for the 1997 8-hour ozone NAAQS, as well as its
location in the OTR.
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    On April 26, 2016, PADEP also submitted a letter, on behalf of AMS,
withdrawing from the 2006 SIP revision the certification of the
Pennsylvania rules related to the NOX SIP Call as 1997 8-
hour ozone RACT, specifically 25 Pa Code sections 145.1-145.100, 25 Pa
Code sections 145.111-145.113, and 25 Pa Code sections 145.141-144. In
the letter, PADEP reaffirms that AMS is no longer relying on the SIP
approved provisions related to the NOX SIP Call as 1997 8-
hour ozone RACT for any sources in Philadelphia. On May 4, 2016, EPA
submitted a letter accepting PADEP's request for withdrawal of these
provisions from the 2006 SIP revision, and acknowledging that this
portion of the submittal is no longer pending before EPA for a final
action.
    The June 27, 2014 SIP revision consists of a source-specific RACT
determination for certain emissions units (6 process heaters) at
Philadelphia Energy Solutions Refining and Marketing, LLC (PES). The
February 19, 2015 SIP revision addresses RACT requirements for the 25
major sources of NOX and/or VOC in Philadelphia, including
the remaining emissions units at PES that were not addressed in the
June 27, 2014 SIP revision. The April 26, 2016 SIP revision amends the
RACT determinations for 15 sources that were

previously addressed in the February 19, 2015 SIP revision.
    In the Philadelphia RACT SIP revisions, AMS includes a RACT
evaluation for each major source of NOX and/or VOC in
Philadelphia. AMS identifies applicable RACT requirements for the
existing emissions units at each major source located in Philadelphia,
including CTG RACT, presumptive RACT requirements, and source-specific
RACT requirements.\11\ AMS identified 16 major sources of
NOX and/or VOC in Philadelphia subject to Pennsylvania's
source-specific RACT requirements, as summarized in Table 1, including
14 major sources subject to previous source-specific RACT
determinations and 2 major sources newly subject to source-specific
RACT.
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    \11\ The CTG RACT requirements are those specified in
regulations in the Pennsylvania SIP and are consistent with EPA's
CTGs for the affected source categories. Presumptive RACT
requirements are those specified in 25 Pa Code section 129.93, which
are alternative compliance option for sources subject to source-
specific RACT.

                 Table 1--Major NOX and/or VOC Sources in Philadelphia Subject to Source-Specific RACT Under the 1997 8-Hour Ozone NAAQS
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                                                                                New or revised source-      New or revised RACT
            Major source               Plant ID No.   1-Hr ozone RACT     Major source pollutant       specific determination?       permit (effective
                                                          source?                                        (``Yes'' or ``No'')               date)
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Exelon Generating Company--Delaware            04901               X   NOX.........................  No.........................
 Station.
Exelon Generating Company--Richmond            04903               X   NOX.........................  Yes........................  PA-51-4903 (02/09/16).
 Station.
Exelon Generating Company--                    04904               X   NOX.........................  No.........................
 Schuylkill Station.
Honeywell--Frankford Plant                     01551               X   NOX and VOC.................  Yes........................  PA-51-1151 (02/09/16).
 [formerly, Sunoco Chemical--
 Frankford Plant].
Kinder Morgan Liquids Terminals, LLC           05003               X   VOC.........................  Yes........................  PA-51-5003 (02/09/16).
 [formerly, GATX Terminals Corp.].
Naval Surface Warfare Center,                  09724               X   NOX.........................  Yes........................  PA-51-9724 (02/09/16).
 Carderock Division (NSWCCD).
Newman & Company, Inc...............           03489               X   NOX.........................  No.........................
PaperWorks Industries Inc.                     01566               X   NOX.........................  Yes........................  PA-51-1566 (01/09/15).
 [formerly, Jefferson Smurfit, Corp./
 Container Corp. of America].
Philadelphia Energy Solutions--          01501/01517               X   NOX and VOC.................  Yes........................  PA-51-01501 and PA-51-
 Refining and Marketing, LLC                                                                                01517 (02/09/16).
 [formerly, Sunoco Inc. (R&M)--
 Philadelphia].
Philadelphia Gas Works--Richmond               04922               X   NOX.........................  Yes........................  PA-51-4922 (01/09/15).
 Plant.
Philadelphia Prison System..........           09519  ...............  NOX.........................  Yes........................  PA-51-9519 (02/09/16).
Plain Products Terminals, LLC                  05013               X   VOC.........................  Yes........................  PA-51-05013 (02/09/
 [formerly, Maritank Philadelphia,                                                                                16).
 Inc. and Exxon Company, USA].
Temple--Health Sciences Campus......           08906               X   NOX.........................  Yes........................  PA-51-8906 (01/09/15).
Temple--Main Campus.................           08905  ...............  NOX.........................  Yes........................  PA-51-8905 (01/09/15).
Veolia Energy--Edison Station                  04902               X   NOX.........................  Yes........................  PA-51-4902 (01/09/15).
 [formerly TRIGEN- Edison Station].
Veolia Energy--Schuylkill Station       04942/04944/               X   NOX.........................  Yes........................  PA-51-4942 (02/09/16)/
 [TRIGEN--Schuylkill Station]/Grays            10459                                                                               PA-51-4944 (01/09/15)/
 Ferry Cogeneration Partnership/                                                                                PA-51-10459 (01/09/
 Veolia Energy Efficiency, LLC \a\.                                                                                15).
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\a\ Grays Ferry Cogeneration Plant, Veolia Schuylkill, and Veolia Energy Efficiency have been aggregated as a single major source after the 1-hour RACT
  determination. AMS submitted RACT documentation for each facility separately, although considering RACT applicability as a single major source of NOX.

    The source-specific RACT determinations submitted by AMS consist of
an evaluation of all reasonably available controls at this time for
each affected emissions unit, resulting in an AMS determination of what
specific control requirements, if any, satisfy RACT for that particular
unit. The adoption of new or additional controls or the revisions to
existing controls as RACT were specified as requirements in new or
revised federally enforceable permits (hereafter RACT permits) issued
by AMS for the source. The new or revised RACT permits have been
submitted as part of the Philadelphia RACT SIP revisions for EPA's
approval in the Pennsylvania SIP under 40 CFR 52.2020(d)(1). For
sources subject to previous RACT determinations specified in RACT
permits under 40 CFR 52.2020(d)(1) for which AMS is revising or
adopting additional source-specific controls, the revised RACT permits,
once approved by EPA, will supersede those permits currently in the
SIP. All new or revised RACT permits submitted by AMS are listed in the
last column of Table 1.
    As part of the source-specific RACT determinations, AMS is also
certifying for certain emissions units at major sources subject to
source-specific RACT determinations under the 1-hour ozone NAAQS, which
are part of the Pennsylvania SIP at 40 CFR

52.2020(d)(1), that the existing RACT controls continue to represent
RACT for the 1997 8-hour ozone NAAQS. For these units, AMS did not
propose additional revisions.
    AMS submitted source-specific RACT determinations for nine of the
ten major sources identified in EPA's conditional approval. AMS did not
submit the required source-specific RACT determination for Kraft
Nabisco (formerly Nabisco Biscuit Co, and presently Mondelez), because
it concluded that this source is no longer considered a major source of
NOX and VOC for 1997 8-hour ozone RACT. As clarified in the
Philadelphia RACT SIP revisions, in 2012, Mondelez took federally
enforceable facility-wide limits of 25 tons per year for both
NOX and VOC emissions, restricting the facility's potential
emissions under the applicable thresholds for 1997 8-hour ozone RACT.
EPA concurs with AMS's conclusion regarding the operational status of
Mondelez and thus determines that the condition in the December 13,
2013 conditional approval to submit a source-specific RACT
determination under the 1997 8-hour ozone NAAQS for this source is no
longer applicable.
    AMS is further certifying that there are 27 additional
NOX and/or VOC sources in Philadelphia subject to source-
specific RACT determinations for the 1-hour ozone NAAQS in the
Pennsylvania SIP at 40 CFR 52.2020(d)(1) that are no longer subject to
RACT for purposes of the 1997 8-hour ozone NAAQS. AMS clarifies that 18
of these sources have permanently shut down, while the remaining nine
are no longer considered major sources of NOX/VOC emissions
for RACT under the 1997 8-hour ozone NAAQS (less than 100 or 50 TPY,
respectively). Sources that remain in operation must still comply with
the SIP approved 1-hour ozone RACT determinations, although not subject
to 1997 8-hour ozone RACT. AMS is formally requesting EPA to remove
from the SIP the 18 source-specific RACT determinations approved under
the 1-hour ozone NAAQS, as codified in 40 CFR 52.2020(d)(1). The
shutdown sources and their respective SIP approved RACT Permits are
listed in Table 2. AMS certifies that none of these shutdown facilities
have active operating permits or air pollution licenses for any
equipment, and that under Pennsylvania and Philadelphia regulations,
they cannot operate until further notification and issuance of
applicable permits.

   Table 2--Shutdown Major Sources of NOX and/or VOC in Philadelphia Subject to Previous Source-Specific RACT
                                                 Determinations
----------------------------------------------------------------------------------------------------------------
                                      SIP approved RACT  permit (effective
               Source                                date)                         EPA's SIP approval date
----------------------------------------------------------------------------------------------------------------
Aldan Rubber Company...............  PA-51-1561 (07/21/00)................  10/30/01, 66 FR 54691.
Amoco Oil Company..................  PA-51-5011 (05/29/15)................  10/31/01, 66 FR 54936.
Arbill Industries, Inc.............  PA-51-3811 (07/27/99)................  10/30/01, 66 FR 54691.
Braceland Brothers, Inc............  PA-51-3679 (07/14/00)................  10/30/01, 66 FR 54691.
Budd Company.......................  PA-51-1564 (12/28/95)................  12/15/00, 65 FR 78418.
Eastman Chemical [formerly,          PA-51-3542 (07/27/99)................  10/30/01, 66 FR 54691.
 McWhorter Technologies, Inc.].
Graphic Arts, Incorporated.........  PA-51-2260 (07/14/00)................  10/30/01, 66 FR 54691.
Interstate Brands Corporation......  PA-51-5811 (04/10/95)................  12/15/00, 65 FR 78418.
Kurz Hastings, Inc.................  PA-51-1585 (05/29/95)................  10/31/01, 66 FR 54936.
Lawrence McFadden, Inc.............  PA-51-2074 (06/11/97)................  10/31/01, 66 FR 54936.
O'Brien (Philadelphia)               PA-51-1533 (07/21/00)................  10/30/01, 66 FR 54691.
 Cogeneration, Inc.--Northeast
 Water Pollution Control Plant.
O'Brien (Philadelphia)               PA-51-1534 (07/21/00)................  10/30/01, 66 FR 54691.
 Cogeneration, Inc.--Southwest
 Water Pollution Control Plant.
Pearl Pressman Liberty.............  PA-51-7721 (07/24/00)................  10/30/01, 66 FR 54691.
Philadelphia Baking Company........  PA-51-3048 (04/10/95)................  10/31/01, 66 FR 54936.
Rohm and Haas Company--Philadelphia  PA-51-1531 (07/27/99)................  10/31/01, 66 FR 54942.
Tasty Baking Co....................  PA-51-2054 (04/04/95)................  10/31/01, 66 FR 54942.
Transit America, Inc...............  PA-51-1563 (06/11/97)................  11/5/01, 66 FR 55880.
SBF Communications.................  PA-51-2197 (07/21/00)................  10/31/01, 66 FR 54942.
----------------------------------------------------------------------------------------------------------------

III. EPA's Evaluation of SIP Revisions

    After thorough review and evaluation of the information provided by
AMS in the Philadelphia RACT SIP revisions for major sources of
NOX and/or VOC in Philadelphia, EPA finds that the AMS
source-specific RACT determinations and conclusions provided are
reasonable and address RACT requirements for Philadelphia for the 1997
8-hour ozone NAAQS in accordance with the Phase 2 Ozone Implementation
Rule and latest available information. EPA finds that the proposed
source-specific RACT controls and emissions limits in the Philadelphia
RACT SIP revisions adequately meet the CAA RACT requirements for the
1997 8-hour ozone NAAQS for each major source of NOX and VOC
in Philadelphia not covered by Pennsylvania RACT regulations.
    EPA also finds that the all proposed revisions to previously SIP
approved RACT requirements, as discussed in the Philadelphia RACT SIP
revisions will result in equivalent or additional reductions of
NOX and/or VOC emissions and should not interfere with any
applicable requirement concerning attainment or reasonable further
progress with the NAAQS or interfere with other applicable CAA
requirement in section 110(l) of the CAA. In the case of AMS removal of
RACT requirements from the SIP that are no longer applicable, as the
sources have been permanently removed, EPA finds these SIP revisions to
be adequate and will not have any adverse impact to air quality. EPA's
complete analysis of the Philadelphia RACT SIP revisions is included in
the technical support document (TSD) available in the docket for this
rulemaking action and available on line at http://www.regulations.gov.
    As discussed earlier, EPA determined in the December 15, 2013
conditional approval that the Philadelphia 1997 8-hour ozone RACT
demonstration as provided in the 2006 and 2010 SIP revisions adequately
met RACT under the CAA, with exception of the source-specific RACT
requirements in 25 PA Code sections 129.91-92 and the NOX
SIP Call related provisions in the Pennsylvania SIP in 25 Pa Code
sections 145.1-145.100, 25 Pa Code sections 145.111-145.113, and 25 Pa
Code sections 145.141-144. In this proposed

rulemaking action, EPA finds that the subsequent Philadelphia RACT SIP
revisions adequately correct the two deficiencies identified by EPA on
the Philadelphia RACT demonstration, as provided in the 2006 and 2010
SIP revisions, and thus satisfy the December 15, 2013 conditional
approval. Based on PADEP's withdrawal of the certified provisions
relying on NOX SIP Call as RACT from the 2006 SIP revision,
EPA finds that the remaining certified NOX and/or VOC
regulations, the CTG negative declarations, and the recently adopted
regulatory provisions in AMR V sections XV and XVI, submitted as part
of the 2006 and 2010 SIP revisions, are consistent with the latest
available information and EPA's guidance and therefore adequately meet
RACT for the 1997 8-hour ozone NAAQS.\12\
---------------------------------------------------------------------------

    \12\ EPA's evaluation of the 2006 and 2010 SIP revisions is
provided in the June 19, 2013 proposed conditional approval and
related technical support document dated May 22, 2013, and will not
be restated here. See 78 FR 36716.
---------------------------------------------------------------------------

    Consequently, EPA finds that the Philadelphia 1997 8-hour ozone
RACT demonstration, as provided within the SIP revisions submitted to
EPA from 2006 to 2016, address RACT under the 1997 8-hour ozone NAAQS
for all NOX and/or VOC major sources in Philadelphia
through: (1) Compliance with previously approved RACT regulations in
the Pennsylvania SIP, including but not limited to CTG regulations (in
the 2006 and 2010 SIP revisions); (2) submission of negative
declarations (in the 2006 and 2010 SIP revisions) for CTG source
categories; (3) the adoption of additional source-specific controls
and/or limits in major sources, included in federally enforceable
permits and submitted as part of the SIP revisions; and/or (4)
certifications for major sources subject to source-specific RACT
controls previously approved into the SIP, which controls continue to
represent RACT under the 1997 8-hour ozone NAAQS. Additional details
regarding Philadelphia's source-specific RACT determinations, full
background on the Philadelphia RACT SIP revisions, and EPA's detailed
evaluation of the Philadelphia RACT SIP revisions can be found in the
TSD prepared for this rulemaking action and available in the docket for
this rulemaking at http://www.regulations.gov.

IV. Proposed Action

    EPA proposes to approve the Philadelphia RACT SIP revisions
submitted on June 27, 2014, February 18, 2015, and April 26, 2016 for
all major sources of NOX and/or VOC in Philadelphia subject
to 25 Pa Code 129.91-92, as adequately meeting the CAA RACT
requirements for the 1997 8-hour ozone NAAQS. EPA is proposing to
incorporate by reference in the Pennsylvania SIP, via RACT permits,
source-specific RACT determinations under the 1997 8-hour ozone NAAQS
for certain major sources of NOX and VOC emissions.
    EPA also proposes to find that the Philadelphia RACT SIP revisions
satisfy the conditions established by EPA in its December 13, 2013
conditional approval to correct the deficiencies of the previously
submitted Philadelphia 1997 8-hour ozone NAAQS RACT demonstration. For
this reason, EPA also proposes to remove the conditional nature of the
December 13, 2013 conditional approval and grant full approval to the
Philadelphia 1997 8-hour ozone NAAQS RACT demonstration, as submitted
on September 29, 2006 and June 22, 2010 as SIP revisions.
    EPA also proposes in this rulemaking action that the certified and
recently adopted NOX and VOC regulations and the negative
declarations, included in the September 29, 2006 and June 22, 2010 SIP
revisions, meet RACT under the 1997 8-hour ozone NAAQS. Therefore, EPA
also proposes to incorporate by reference into the Pennsylvania SIP the
regulatory provisions in AMR V sections I, XV, and XVI, as amended or
adopted in April 26, 2010 and effective upon adoption. Finally, EPA
proposes that the Philadelphia 1997 8-hour ozone NAAQS RACT
demonstration, included within the September 29, 2006, June 22, 2010,
June 27, 2014, February 18, 2015, and April 26, 2016 SIP revisions,
satisfies the RACT requirements under the CAA for the 1997 8-hour ozone
NAAQS, in accordance with the Phase 2 Ozone Implementation Rule. EPA is
soliciting public comments on the issues discussed in this document.
These comments will be considered before taking final action.

V. Incorporation by Reference

    In this proposed rulemaking action, EPA is proposing to include in
a final EPA rule, regulatory text that includes incorporation by
reference. In accordance with requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference source-specific RACT
determinations under the 1997 8-hour ozone NAAQS for certain major
sources of NOX and VOC emissions, and Philadelphia CTG RACT
regulations of AMR V sections I, XV, and XVI, as amended or adopted in
April 26, 2010 and effective upon adoption. EPA has made, and will
continue to make, these documents generally available electronically
through www.regulations.gov and/or may be viewed at the appropriate EPA
office (see the ADDRESSES section of this preamble for more
information). In accordance with requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference the regulatory provisions under
40 CFR 52.2020(c) and the source-specific RACT requirements under 40
CFR 52.2020(d)(1).

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 CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human

health or environmental effects, using practicable and legally
permissible methods, under Executive Order 12898 (59 FR 7629, February
16, 1994).
    In addition, this proposed rule, regarding the Philadelphia RACT
requirements under the 1997 8-hour ozone NAAQS, 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, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

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

    Dated: June 3, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2016-14102 Filed 6-14-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 161 (Tuesday, August 20, 2013)]
[Notices]
[Pages 51269-51271]
[FR Doc No: 2013-20333]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2001-9258; FMCSA-2007-27515; FMCSA-2009-0121; FMCSA-
2010-0354; FMCSA-2010-0413]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
16 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective August 16, 2013. Comments must be
received on or before September 19, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2001-
9258; FMCSA-2007-27515; FMCSA-2009-0121; FMCSA-2010-0354; FMCSA-2010-
0413], using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 16 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 16 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are the
following:
Robert L. Brown (IL)
Barry G. Church (OH)
Steven L. Forristall (WI)
Charles H. Lefew (VA)
Steve J. Morrison (ID)
Joseph B. Peacock (NC)
Charles A. Terry (AL)
Steven L. Thomas (IN)
Nicholas Cafaro (NY)
John J. Davis (SC)
Rocky D. Gysberg (MN)
John W. Locke (TX)
Earl R. Neugerbauer (CO)
Robert B. Steinmetz (OR)
James M. Tennyson (MD)
Daniel A. Wescott (CO)
    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 16 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (66 FR 17743; 66 FR 33990; 68 FR 35772; 70 FR 33937; 72 FR
21313; 72 FR 32703; 72 FR 32705; 74 FR 26461; 74 FR 26464; 74 FR 34630;
75 FR 72863; 76 FR 1493; 76 FR 2190; 76 FR 12408; 76 FR 34135; 76 FR
37168; 76 FR 37173). Each of these 16 applicants has requested renewal
of the exemption and has submitted evidence showing that the vision in
the better eye continues to meet the requirement specified at 49 CFR
391.41(b)(10) and that the vision impairment is stable. In addition, a
review of each record of safety while driving with the respective
vision deficiencies over the past two years indicates each applicant
continues to meet the vision exemption requirements. These factors
provide an adequate basis for predicting each driver's ability to
continue to drive safely in interstate commerce. Therefore, FMCSA
concludes that

extending the exemption for each renewal applicant for a period of two
years is likely to achieve a level of safety equal to that existing
without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by September 19, 2013.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 16 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket numbers FMCSA-2001-9258; FMCSA-
2007-27515; FMCSA-2009-0121; FMCSA-2010-0354; FMCSA-2010-0413 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
FMCSA-2001-9258; FMCSA-2007-27515; FMCSA-2009-0121; FMCSA-2010-0354;
FMCSA-2010-0413 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.

    Issued on: August 9, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-20333 Filed 8-19-13; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 75, Number 233 (Monday, December 6, 2010)]
[Notices]
[Pages 75720-75721]
[FR Doc No: 2010-30425]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2010-54]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before December 27, 2010.

ADDRESSES: You may send comments identified by Docket Number FAA-2010-
1134 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mark Forseth, ANM-113,<PHONE_NUMBER>,
Federal Aviation Administration, 1601 Lind Avenue SW., Renton, WA
98057-3356, or Frances Shaver, ARM-207, Office of Rulemaking, Federal
Aviation Administration, 800 Independence Avenue, SW.; Washington, DC
20591; e-mail<EMAIL_ADDRESS>(202) 267-4059; fax (202) 267-
5075. This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on November 30, 2010.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2010-1134.
    Petitioner: AerSale.
    Section of 14 CFR Affected: Sections 25.561, 25.562, 25.853, and
Appendix F of part 25.
    Description of Relief Sought: AerSale seeks a limited-time
exemption from the certification process described in Sec. Sec.
25.561, 25.562, 25.853, and Appendix F of part 25, to allow
installation of existing inventory of Koito seats, which are the
subject of NPRM 2010-NM-156-AD.

[FR Doc. 2010-30425 Filed 12-3-10; 8:45 am]
BILLING CODE 4910-13-P