[Federal Register: September 1, 2009 (Volume 74, Number 168)]
[Notices]
[Page 45200-45202]
[DOCID:fr01se09-58]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0629; FRL-8432-9]

Petition to Revoke Tolerances for 13 Pesticides; Notice of
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA is announcing the availability and seeking comment on a
July 23, 2009 petition from the American Bird Conservancy (ABC),
requesting that EPA revoke tolerances established under the Federal
Food, Drug and Cosmetic Act (FFDCA), section 408, for uses of 13
pesticides with no associated U.S. registrations. ABC claims that
maintaining these tolerances allows Central and South American
countries to continue using these pesticides on crops for which the
United States has already determined there are unacceptable risks for
U.S. protected migratory birds.

DATES: Comments must be received on or before November 2, 2009.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0629, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2009-0629. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line 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 regulations.gov or e-
mail. The regulations.gov website 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 regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. 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, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Richard P. Dumas, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders, including environmental and
agricultural advocates; the chemical industry; pesticide users; and
foreign governments.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. Since others also may interested, the Agency has not
attempted to describe all specific entities that may be affected by
this action. If you have any questions regarding the applicability of
this action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in 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:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. What Action is the Agency Taking?

    EPA requests public comment during the next 60 days on a petition
available under docket ID number EPA-HQ-OPP-2009-0629, received from
the ABC. The petition requests that EPA revoke tolerances established
under section 408 of the FFDCA for uses of 13 pesticides with no
associated U.S. registrations. ABC claims that maintaining these
tolerances allows Central and South American countries to continue
using these pesticides on crops for which the United States has already
determined there are unacceptable risks for U.S. protected migratory
birds.
    The Specific 13 Tolerances Requested for Revocation are:

------------------------------------------------------------------------
                                       Tolerance
            Pesticide                Requested for       CFR Citation
                                      Revocation
------------------------------------------------------------------------
Cadusafos                         Banana              40 CFR 180.461
------------------------------------------------------------------------
Cyproconazole                     Coffee, bean,       40 CFR 180.485
                                   green (imported)
------------------------------------------------------------------------
Diazinon                          Kiwifruit           40 CFR 180.153
------------------------------------------------------------------------
Dithianon                         Fruit, pome, group  40 CFR 180.621
                                   11
                                  Hop, dried cones..
------------------------------------------------------------------------
Diquat                            Banana              40 CFR 180.226
                                  Coffee, bean,
                                   green.
------------------------------------------------------------------------
Dimethoate                        Blueberry           40 CFR 180.204
------------------------------------------------------------------------
Fenamiphos                        Banana              40 CFR 180.349
                                  Fruit, citrus,
                                   group 10.
                                  Garlic............
                                  Grape.............
                                  Pineapple.........
------------------------------------------------------------------------
Mevinphos                         Broccoli            40 CFR 180.157
                                  Cabbage...........
                                  Cauliflower.......
                                  Celery............
                                  Cucumber..........
                                  Grape.............
                                  Lettuce...........
                                  Melon.............
                                  Pea...............
                                  Pepper............
                                  Spinach...........
                                  Squash, summer....
                                  Strawberry........
                                  Tomato............
                                  Watermelon........
------------------------------------------------------------------------

Methomyl                          Hop, dried cones    40 CFR 180.253
------------------------------------------------------------------------
Naled                             Cucumber            40 CFR 180.215
                                  Lettuce...........
                                  Tomato............
                                  Pumpkin...........
                                  Squash, winter....
                                  Turnip, tops......
------------------------------------------------------------------------
Phorate                           Coffee, bean,       40 CFR 180.206
                                   green
------------------------------------------------------------------------
Terbufos                          Coffee, bean,       40 CFR 180.352
                                   green
------------------------------------------------------------------------
Dichlorvos                        Tomato              40 CFR 180.235
------------------------------------------------------------------------

    ABC also asserts that should EPA believe that tolerances for import
purposes are necessary, it must consult with the U.S. Fish and Wildlife
Service to retain the tolerances listed above to ``identify where
unintentional take reasonably attributable to agency actions is having,
or is likely to have, a measurable negative effect on migratory bird
populations...'' and ``develop and use principles, standards and
practices that will lessen the amount of unintentional take...''

List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: August 24, 2009.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.

[FR Doc. E9-21124 Filed 8-31-09; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: October 24, 2007 (Volume 72, Number 205)]
[Notices]
[Page 60336-60337]
[DOCID:fr24oc07-65]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER07-1300-000]

Reliant Energy Solutions Northeast, LLC; Notice of Issuance of
Order

October 17, 2007.
    Reliant Energy Solutions Northeast, LLC (RESN) filed an application
for market-based rate authority, with an accompanying rate schedule.
The proposed market-based rate schedule provides for the sale of
energy, capacity and ancillary services at market-based rates. RESN
also requested waivers of various Commission regulations. In
particular, RESN requested that the Commission grant blanket approval
under 18 CFR part 34 of all future issuances of securities and
assumptions of liability by RESN.
    On October 16, 2007, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development--West, granted the requests
for blanket approval under part 34 (Director's Order). The Director's
Order also stated that the Commission would publish a separate notice
in the Federal Register establishing a period of time for the filing of
protests. Accordingly, any person desiring to be heard concerning the
blanket approvals of issuances of securities or assumptions of
liability by RESN, should file a protest with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure. 18 CFR 385.211, 385.214 (2004).
    Notice is hereby given that the deadline for filing protests is
November 15, 2007.
    Absent a request to be heard in opposition to such blanket
approvals by the deadline above, RESN is authorized to issue securities
and assume obligations or liabilities as a guarantor, indorser, surety,
or otherwise in respect of any security of another person; provided
that such issuance or assumption is for some lawful object within the
corporate purposes of RESN, compatible with the public interest, and

is reasonably necessary or appropriate for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of RESN's issuance of securities or assumptions of
liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the internet in lieu of paper. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-20892 Filed 10-23-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Page 77832]
[FR Doc No: 2022-27535]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2022-0086; FRL-10513-01-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Phosphoric Acid Manufacturing and
Phosphate Fertilizers Production (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), NESHAP for Phosphoric Acid
Manufacturing and Phosphate Fertilizers Production (EPA ICR Number
1790.10, OMB Control Number 2060-0361, to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act. This is a proposed extension of the ICR, which is
currently approved through January 31, 2023. Public comments were
previously requested, via the Federal Register, on April 8, 2022 during
a 60-day comment period. This notice allows for an additional 30 days
for public comments. A fuller description of the ICR is given below,
including its estimated burden and cost to the public. An agency may
neither conduct nor sponsor, and a person is not required to respond
to, a collection of information unless it displays a currently valid
OMB control number.

DATES: Additional comments may be submitted on or before January 19,
2023.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2022-0086, to: (1) EPA online using https://www.regulations.gov/
(our preferred method), or by email to [email protected], or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB's Office
of Information and Regulatory Affairs using the interface at: https://www.reginfo.gov/public/do/PRAMain. Find this specific information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function.
    The EPA's policy is that all comments received will be included in
the public docket without change, including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Muntasir Ali, Sector Policies and
Program Division (D243-05), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina, 27711; telephone number:<PHONE_NUMBER>; email
address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
https://www.regulations.gov, or in person, at the EPA Docket Center,
WJC West Building, Room 3334, 1301 Constitution Ave. NW, Washington,
DC. The telephone number for the Docket Center is<PHONE_NUMBER>. For
additional information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Phosphoric Acid Manufacturing and Phosphate
Fertilizers Production (40 CFR part 63, subparts AA and BB) were
proposed on December 27, 1996; promulgated on June 10, 1999; and
amended on: June 12, 2002; April 20, 2006; August 19, 2015; September
28, 2017; and November 3, 2020. These regulations apply to both new and
existing phosphoric acid manufacturing facilities and phosphate
fertilizers production facilities that are major sources of hazardous
air pollutants (HAPs). The rule applies to component processes at these
facilities and to any new, or modified, or reconstructed sources.
Component processes include the following facilities: wet process
phosphoric acid plants; super-phosphoric acid plants; purified
phosphoric acid plants; phosphate rock dryers; phosphate rock
calciners; diammonium and monoammonium phosphate plants; and granular
triple superphosphate (GTSP) plants. The EPA most-recently finalized
rule amendments on November 9, 2020 (85 FR 69508). The final rule
included a narrow revision to 40 CFR part 63, subpart AA to revise the
mercury MACT floor for existing calciners. This ICR incorporates the
amendments from the final rule, however, these amendments included no
changes to the projected costs and hour burden from the information
collection requirements of the 2015 final rule. New facilities include
those that commenced either construction, or modification, or
reconstruction after the date of proposal. This information is being
collected to assure compliance with 40 CFR part 63, subparts AA and BB.
    Form Numbers: None.
    Respondents/affected entities: Phosphoric acid and phosphate
fertilizer production facilities
    Respondent's obligation to respond: Mandatory (40 CFR 63, Subparts
AA and BB).
    Estimated number of respondents: 13 (total).
    Frequency of response: Quarterly, semiannual.
    Total estimated burden: 2,200 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $ 463,000 (per year), which includes $199,000
in annualized capital/startup and/or operation & maintenance costs.
    Changes in the Estimates: There is no change in burden from the
most-recently approved ICR as currently identified in the OMB Inventory
of Approved Burdens. This is due to two considerations: (1) the
regulations have not changed significantly over the past three years
and are not anticipated to change over the next three years; and (2)
the growth rate for this industry is either very low or non-existent,
so there is no significant change in the overall burden. There is an
increase in capital/startup and/or operation & maintenance costs. We
have updated the capital/startup or operation and maintenance (O&M)
costs from 2015 dollars to 2020 dollars using the annual Chemical
Engineering Plant Cost Index (CEPCI).

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2022-27535 Filed 12-19-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: November 20, 2009 (Volume 74, Number 223)]
[Rules and Regulations]
[Page 60194-60197]
[DOCID:fr20no09-12]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0674; FRL-8983-1]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Transportation Conformity Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve revisions to the
State Implementation Plan (SIP) submitted by the Commonwealth of
Virginia. This revision establishes Virginia's transportation
conformity requirements. After they have been approved, the
Commonwealth's regulations will govern transportation conformity
determinations in the Commonwealth of Virginia. EPA is approving these
revisions in accordance with the requirements of the Clean Air Act
(CAA).

DATES: This rule is effective on January 19, 2010 without further
notice, unless EPA receives adverse written comment by December 21,
2009. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0674 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2009-0674, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2009-0674. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an anonymous access system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your

name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Virginia Department of
Environmental Quality, 629 East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Martin Kotsch,<PHONE_NUMBER> or by e-
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. What Is Transportation Conformity?
II. What Is the Background for This Action?
III. What Did the State Submit and How Did We Evaluate It?
IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia
V. What Action Is EPA Taking Today?
VI. Statutory and Executive Order Reviews

I. What Is Transportation Conformity?

    Transportation conformity is required under section 176(c) of the
Clean Air Act to ensure that Federally supported highway, transit
projects, and other activities are consistent with (conform to) the
purpose of the SIP. Conformity currently applies to areas that are
designated nonattainment, and those redesignated to attainment after
1990 (maintenance areas), with plans developed under section 175A of
the Clean Air Act for the following transportation related criteria
pollutants: Ozone, particulate matter (PM2.5 and
PM10), carbon monoxide (CO), and nitrogen dioxide
(NO2). Conformity to the purpose of the SIP means that
transportation activities will not cause new air quality violations,
worsen existing violations, or delay timely attainment of the relevant
national ambient air quality standards (NAAQS). The transportation
conformity regulation is found in 40 CFR part 93 and provisions related
to conformity SIPs are found in 40 CFR 51.390.

II. What Is the Background for This Action?

    On August 10, 2005, the Safe, Accountable, Flexible, Efficient,
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) was signed
into law. SAFETEA-LU revised certain provisions of section 176(c) of
the Clean Air Act, related to transportation conformity. Prior to
SAFETEA-LU, states were required to address all of the Federal
conformity rule's provisions in their conformity SIPs. After SAFETEA-
LU, state SIPs were required to contain all or portions of only the
following three sections of the Federal rule, modified as appropriate
to each state's circumstances: 40 CFR 93.105 (consultation procedures);
40 CFR 93.122(a)(4)(ii) (written commitments to implement certain kinds
of control measures); and 40 CFR 93.125(c) (written commitments to
implement certain kinds of mitigation measures). States are no longer
required to submit conformity SIP revisions that address the other
sections of the Federal conformity rule.

III. What Did the State Submit and How Did We Evaluate It?

    On July 9, 2007, the Virginia Department of Environmental Quality
(VADEQ) submitted a revision to its SIP for Transportation Conformity
purposes. The SIP revision consists of the State Regulation for
Transportation Conformity (9 VAC 5 Chapter 151). This SIP revision
addresses the three provisions of the EPA Conformity Rule required
under SAFETEA-LU: 40 CFR 93.105 (consultation procedures); 40 CFR
93.122(a)(4)(ii) (control measures) and 40 CFR 93.125(c) (mitigation
measures).
    We reviewed the submittal to assure consistency with the February
14, 2006 ``Interim Guidance for Implementing the Transportation
Conformity provisions in the Safe, Accountable, Flexible, Efficient,
Transportation Equity Act: A Legacy for Users (SAFETEA-LU).'' The
guidance document can be found at http://epa.gov/otaq/stateresources/
transconf/policy.htm. The guidance document states that each state is
only required to address and tailor the afore-mentioned three sections
of the Federal Conformity Rule to be included in their state conformity
SIPs.
    EPA's review of Virginia's proposed SIP indicates that it is
consistent with EPA's guidance in that it includes the three elements
specified by SAFETEA-LU. Consistent with the EPA Conformity Rule at 40
CFR 93.105 (consultation procedures), Regulation 9 VAC 5 Chapter 151-70
identifies the appropriate agencies, procedures and allocation of
responsibilities as required under 40 CFR 93.105 for consultation
procedures. In addition, Regulation 9 VAC 5 Chapter 151-50 and
Regulation 9 VAC 5 Chapter 151-60 provide for appropriate public
consultation/public involvement consistent with 40 CFR 93.105. With
respect to the requirements of 40 CFR 93.122(a)(4)(ii) and 40 CFR
93.125(c), Regulation 9 VAC 5 Chapter 151-50 also specifies that
written commitments for control measures and mitigation measures for
meeting these requirements will be provided as needed.

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

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Section
10.1-1198, provides a privilege that protects from disclosure documents
and information about the content of those documents that are the
product of a voluntary environmental assessment. The Privilege Law does
not extend to documents or information (1) That are generated or
developed before the commencement of a voluntary environmental
assessment; (2) that are prepared independently of the assessment
process; (3) that demonstrate a clear, imminent and substantial danger
to the public health or

environment; or (4) that are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege Law, Va. Code Section 10.1-1198, precludes granting a
privilege to documents and information ``required by law,'' including
documents and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts * * *.'' The opinion
concludes that ``[r]egarding 10.1-1198, therefore, documents or other
information needed for civil or criminal enforcement under one of these
programs could not be privileged because such documents and information
are essential to pursuing enforcement in a manner required by Federal
law to maintain program delegation, authorization or approval.''
    Virginia's Immunity law, Va. Code Section 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the CAA is likewise unaffected by
this, or any, state audit privilege or immunity law.

V. What Action Is EPA Taking Today?

    EPA is approving the Virginia SIP revision for Transportation
Conformity, which was submitted on July 9, 2007. EPA is publishing this
rule without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates no adverse comment. However,
in the Proposed Rules section of today's Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on January 19, 2010 without further notice unless EPA
receives adverse comment by December 21, 2009. If EPA receives adverse
comment, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 19, 2010. Filing a

petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action to approve the Virginia Transportation
Conformity Regulation may not be challenged later in proceedings to
enforce its requirements. (See, section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: November 5, 2009.
William C. Early,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (c) is amended by adding an
entry for Chapter 151 after the existing Chapter 140 to read as
follows:

52.2420  Identification of plan.

* * * * *
    (c) * * *

                                 EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                      State
 State citation  (9 VAC 5)      Title/subject       effective        EPA approval date      Explanation  [former
                                                       date                                     SIP citation]
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
                                      Chapter 151 Transportation Conformity
----------------------------------------------------------------------------------------------------------------
                                           Part I General Definitions
----------------------------------------------------------------------------------------------------------------
5-151-10..................  Definitions..........     12/31/08  11/20/09 [Insert page       ....................
                                                                 number where the document
                                                                 begins].
----------------------------------------------------------------------------------------------------------------
                                           Part II General Provisions
----------------------------------------------------------------------------------------------------------------
5-151-20..................  Applicability........     12/31/08  11/20/09 [Insert page       ....................
                                                                 number where the document
                                                                 begins].
5-151-30..................  Authority of Board        12/31/08  11/20/09 [Insert page       ....................
                             and DEQ.                            number where the document
                                                                 begins].
----------------------------------------------------------------------------------------------------------------
                      Part III Criteria and Procedures for Making Conformity Determinations
----------------------------------------------------------------------------------------------------------------
5-151-40..................  General..............     12/31/08  11/20/09 [Insert page       ....................
                                                                 number where the document
                                                                 begins].
5-151-50..................  Designated provisions     12/31/08  11/20/09 [Insert page       ....................
                                                                 number where the document
                                                                 begins].
5-151-60..................  Word or phrase            12/31/08  11/20/09 [Insert page       ....................
                             substitutions.                      number where the document
                                                                 begins].
5-151-70..................  Consultation.........     12/31/08  11/20/09 [Insert page       ....................
                                                                 number where the document
                                                                 begins].

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

* * * * *

[FR Doc. E9-27814 Filed 11-19-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 119 (Friday, June 19, 2020)]
[Notices]
[Page 37149]
[FR Doc No: 2020-13259]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. 2020-0616]

Agency Information Collection Activities: Requests for Comments;
Clearance of a Renewed Approval of Information Collection:
Certification Procedures for Products and Parts

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

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information collection
in FAA regulations that prescribe certification standards for aircraft,
aircraft engines, propellers appliances and parts. The information
collected is used to determine compliance and applicant eligibility.
The respondents are aircraft parts designers, manufacturers, and
aircraft owners.

DATES: Written comments should be submitted by August 18, 2020.

ADDRESSES: Please send written comments:
    By Electronic Docket: https://www.regulations.gov (Enter docket
number into search field).
    By mail: Brian Cable, Federal Aviation Administration, AIR-6C0, 800
Independence Ave. SW, Washington, DC 20591.
    By fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Brian Cable by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-0018.
    Title: Certification Procedures for Products and Parts.
    Form Numbers: FAA Forms 8110-12, 8130-1, 8130-6, 8130-9, 8130-12.
    Type of Review: Renewal of an information collection.
    Background: 14 CFR part 21 prescribes certification standards for
aircraft, aircraft engines, propellers appliances and parts. The
information collected is used to determine compliance and applicant
eligibility. FAA Airworthiness inspectors, designated inspectors,
engineers, and designated engineers review the required data submittals
to determine that aviation products and articles and their
manufacturing facilities comply with the applicable requirements, and
that the products and articles have no unsafe features.
    Respondents: Approximately 50,700 aircraft parts designers,
manufacturers, and aircraft owners.
    Frequency: On occasion.
    Estimated Average Burden per Response: 30 minutes.
    Estimated Total Annual Burden: 18,785 hours.

    Issued in Washington, DC, on June 16, 2020.
Joy Wolf,
Management & Program Analyst for Regulatory and Guidance Processing,
Aircraft Certification Service.
[FR Doc. 2020-13259 Filed 6-18-20; 8:45 am]
BILLING CODE 4910-13-P