[Federal Register: January 3, 2006 (Volume 71, Number 1)]
[Notices]
[Page 98]
[DOCID:fr03ja06-47]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. QF99-84-002]

Air Products, LP; Notice of Filing

December 22, 2005.
    Take notice that on December 7, 2005, Air Products, LP, pursuant to
Sec.  292.207(a) of the Commission's regulations, submitted for filing
an Application for Commission Recertification as a Qualifying
Cogeneration Facility status for an electric generating facility
located in Port Arthur, Texas.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on January 6, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E5-8169 Filed 12-30-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Notices]
[Pages 21655-21659]
[FR Doc No: 2016-08354]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0024]

Qualification of Drivers; Exemption Applications; Vision

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

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

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

SUMMARY: FMCSA announces receipt of applications from 25 individuals
for exemption from the vision requirement in the Federal Motor Carrier
Safety Regulations. They are unable to meet the vision requirement in
one eye for various reasons. The exemptions will enable these
individuals to operate commercial motor vehicles (CMVs) in interstate
commerce without meeting the prescribed vision requirement in one eye.
If granted, the exemptions would enable these individuals to qualify as
drivers of commercial motor vehicles (CMVs) in interstate commerce.

DATES: Comments must be received on or before May 12, 2016. All
comments will be investigated by FMCSA. The exemptions will be issued
the day after the comment period closes.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2016-0024 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: 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 numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any

personal information provided. Please see the Privacy Act heading below
for further information.
    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 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: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-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.'' FMCSA can renew exemptions at the end of each
2-year period. The 25 individuals listed in this notice have each
requested such an exemption from the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers of CMVs in interstate commerce.
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.

II. Qualifications of Applicants

Stanley W. Ahne

    Mr. Ahne, 56, tore the iris in his right eye in childhood due to a
traumatic incident. The visual acuity in his right eye is 20/400, and
in his left eye, 20/20. Following an examination in 2015, his
optometrist stated, ``I believe that Mr. Ahne does have sufficient
vision to drive a commercial vehical [sic] safely.'' Mr. Ahne reported
that he has driven straight trucks for 10 years, accumulating 100,000
miles and tractor-trailer combinations for 10 years, accumulating 1
million miles. He holds a Class A CDL from Oklahoma. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Marvin D. Bass

    Mr. Bass, 56, has been blind in his right eye since 2008 due to a
traumatic incident. The visual acuity in his right eye is hand motion,
and in his left eye, 20/20. Following an examination in 2015, his
optometrist stated, ``In my medical opinion, Mr. Bass has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Bass reported that he has driven straight trucks for 20
years, accumulating 700,000 miles. He holds an operator's license from
Kentucky. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Daniel L. Castonguay

    Mr. Castonguay, 54, has had macular degeneration in his left eye
since 2012. The visual acuity in his right eye is 20/20, and in his
left eye, 20/100. Following an examination in 2016, his optometrist
stated, ``It is my opinion that Daniel Castonguay has stable vision at
this time and has sufficient vision to drive a commercial vehicle as he
has done for the last 22 years.'' Mr. Castonguay reported that he has
driven straight trucks for 5 years, accumulating 250,000 miles and
tractor-trailer combinations for 25 years, accumulating 1.5 million
miles. He holds a Class A CDL from Maine. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

William A. Crandall, Jr.

    Mr. Crandall, 31, has refractive amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/60, and in his left
eye, 20/15. Following an examination in 2016, his optometrist stated,
``It is my opinion that Mr. Crandal [sic] has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Crandall reported that he has driven straight trucks for 5 years,
accumulating 100,000 miles. He holds an operator's license from New
York. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

James T. Curtis

    Mr. Curtis, 55, has had ischemic optic neuropathy in his left eye
since birth. The visual acuity in his right eye is 20/20, and in his
left eye, light perception. Following an examination in 2016, his
optometrist stated, ``He has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Curtis reported
that he has driven straight trucks for 17 years, accumulating 70,000
miles and tractor-trailer combinations for 17 years, accumulating 1,000
miles. He holds a Class A CDL from New Mexico. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Jacob M. Dellinger

    Mr. Dellinger, 60, had a branch retinal vein occlusion in his left
eye in 2011. The visual acuity in his right eye is 20/20, and in his
left eye, 20/200. Following an examination in 2015, his optometrist
stated, ``In my medical opinion, with his right eye correction to 20/20
and his full temporal peripheral fields, he has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Dellinger reported that he has driven straight trucks for 41 years,
accumulating 410,000 miles and tractor-trailer combinations for 41
years, accumulating 123,000 miles. He holds an operator's license from
North Carolina. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Mark E. Dow

    Mr. Dow, 51, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/70, and in his left eye, 20/20.
Following an examination in 2016, his optometrist stated, ``In my
opinion Mr. Dow has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Dow reported that he
has driven straight trucks for 30 years, accumulating 1.05 million
miles and tractor-trailer combinations for 30 years, accumulating
150,000 miles. He holds a Class A CDL from Vermont. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Richard R. Filion

    Mr. Filion, 68, is blind in his left eye due to a traumatic
incident in 2011. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2015,
his optometrist stated, ``If there is an allowance or waiver given for
monocular status then Mr. Filion would meet requirements for commercial
driving.'' Mr. Filion reported that he has driven straight trucks for
25 years, accumulating 500,000 miles and tractor-trailer combinations
for 8 years, accumulating 560,000 miles. He holds a Class A CDL from
Vermont. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Louis J. Floquet Jr.

    Mr. Floquet, 31, has had Morning Glory Syndrome in his left eye
since birth. The visual acuity in his right eye is 20/20, and in his
left eye, light perception. Following an examination in 2015, his
optometrist stated, ``Based on these tests, Louis has sufficient vison
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Floquet reported that he has driven straight trucks for
15 years, accumulating 150,000 miles. He holds an operator's license
from California. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Joshua V. Harrison

    Mr. Harrison, 67, has had a corneal scar in his left eye since
childhood. The visual acuity in his right eye is 20/25, and in his left
eye, 20/80. Following an examination in 2015, his ophthalmologist
stated, ``Left eye poor vision is long-standing, right eye meets
standards . . . for CDL.'' Mr. Harrison reported that he has driven
straight trucks for 45 years, accumulating 450,000 miles. He holds a
Class A CDL from New Jersey. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Jason G. Joyner

    Mr. Joyner, 38, has had strabismic amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/100. Following an examination in 2016, his optometrist stated,
``I believe pt [sic] has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Joyner reported that he
has driven straight trucks for 4 years, accumulating 150,000 miles. He
holds a Class A CDL from Kansas. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Thomas M. Kaley, Jr.

    Mr. Kaley, 43, is blind in his left eye due to a traumatic incident
in childhood. The visual acuity in his right eye is 20/20, and in his
left eye, no light perception. Following an examination in 2015, his
optometrist stated, ``I see no reason that he should be denied a
license as I believe that he has sufficient vision to operate a
commercial vehicle.'' Mr. Kaley reported that he has driven straight
trucks for 25 years, accumulating 750,000 miles. He holds an operator's
license from Pennsylvania. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

William J. Krysinski

    Mr. Krysinski, 56, has had optic atrophy in his left eye since
2012. The visual acuity in his right eye is 20/20, and in his left eye,
hand motion. Following an examination in 2015, his optometrist stated,
``I believe he can continue to safely operate his commercial motor
vehicle for interstate driving without any restrictions.'' Mr.
Krysinski reported that he has driven tractor-trailer combinations for
35 years, accumulating 2.3 million miles. He holds a Class A CDL from
Minnesota. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Bradley K. Linde

    Mr. Linde, 67, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
400. Following an examination in 2015, his optometrist stated, ``In my
professional opinion of his vision, Mr. Linde is qualified to perform
all duties expected for operating a commercial vehicle.'' Mr. Linde
reported that he has driven tractor-trailer combinations for 21 years,
accumulating 10,500 miles. He holds a Class A CDL from Iowa. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Pedro Martinez

    Mr. Martinez, 55, has had a choroidal macular scar in his left eye
since 1985. The visual acuity in his right eye is 20/20, and in his
left eye, counting fingers. Following an examination in 2015, his
optometrist stated, ``In my medical opinion, he has sufficient vision
centrally OD and Peripherally [sic] OU to operate a commercial vehical
[sic].'' Mr. Martinez reported that he has driven straight trucks for
10 years, accumulating 5,200 miles. He holds an operator's license from
New Mexico. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Ty N. Mason

    Mr. Mason, 51, has been blind in his left eye due to a retinal
detachment in 2003. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2015,
his optometrist stated, ``Patient has sufficient visual acuity and VF
[sic] for CDL license.'' Mr. Mason reported that he has driven straight
trucks for 2 years, accumulating 75,000 miles and tractor-trailer
combinations for 16 years, accumulating 6.53 million miles. He holds a
Class AM CDL from Pennsylvania. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Ralph A. Milliman

    Mr. Milliman, 63, has had an incomplete macular formation in his
left eye since birth. The visual acuity in his right eye is 20/20, and
in his left eye, 20/200. Following an examination in 2015, his
optometrist stated, ``It is my opinion that Mr. Milliman's exceptional
vision in his right eye allows him to compensate for his lack of visual
acuity in his left eye and leads me to believe he has sufficient vision
to perform all commercial driving tasks.'' Mr. Milliman reported that
he has driven straight trucks for 24 years, accumulating 1.92 million
miles and tractor-trailer combinations for 33 years, accumulating 3.47
million miles. He holds an operator's license from Illinois. His
driving record for the last 3 years shows no crashes and 1 conviction
for a moving violation in a CMV; he operated in an improper traffic
lane.

Donald A. Orloski

    Mr. Orloski, 69, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/150.
Following an examination in 2015, his optometrist stated, ``Mr.
Orloski's visual condition is stable. I find no medical reason to
prevent Donald Orloski from safely operating a commercial vehicle.''
Mr. Orloski reported that he has driven straight trucks for 37 years,
accumulating 592,000 miles and tractor-trailer combinations for 37
years, accumulating 37,000 miles. He holds a Class A CDL from
Pennsylvania. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Alan R. Piroso

    Mr. Piroso, 60, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/400.
Following an examination in 2015, his ophthalmologist stated, ``Alan
Piroso has been driving for many years without a problem and I believe
he should be able to renew his CDL license based on his eye
examination.'' Mr. Piroso reported that he has driven straight trucks
for 31 years, accumulating 930,000 miles and tractor-trailer
combinations for 6 years, accumulating 30,000 miles. He holds a Class
AMC CDL from New Hampshire. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Juan C. Ramirez

    Mr. Ramirez, 31, has had exotropia with amblyopia in his left eye
since childhood. The visual acuity in his right eye is 20/30, and in
his left eye, 20/100. Following an examination in 2015, his optometrist
stated, ``I believe Mr. Ramirez should be considered for [sic] federal
vision exemption to operate a CMV in interstate commerce.'' Mr. Ramirez
reported that he has driven straight trucks for 6 years, accumulating
600,000 miles and tractor-trailer combinations for 2 years,
accumulating 120,000 miles. He holds a Class A CDL from Ohio. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Erik J. Rowland

    Mr. Rowland, 35, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is hand motion, and in his left eye,
20/15. Following an examination in 2015, his ophthalmologist stated,
``It is my opinion that Mr. Rowland is able to operate a commercial
vehicle, as his vision has remained stable, and he has operate [sic] a
commercial vehicle for the past several years.'' Mr. Rowland reported
that he has driven straight trucks for 17 years, accumulating 340,000
miles and tractor-trailer combinations for 2 years, accumulating 10,000
miles. He holds a Class A CDL from New York. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Colby T. Smith

    Mr. Smith, 36, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
400. Following an examination in 2015, his optometrist stated, ``In my
opinion, Colby has more than adequate vision to perform all driving
tasks required to operate a commercial vehicle.'' Mr. Smith reported
that he has driven straight trucks for 10 years, accumulating 120,000
miles. He holds a Class D operator's license from Utah. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

Carl J. Warnecke

    Mr. Warnecke, 55, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/200, and in his
left eye, 20/20. Following an examination in 2015, his ophthalmologist
stated, ``I think that he does have sufficient vision to perform the
driving tasks required to operate a commercial vehicle, according to
their guidelines.'' Mr. Warnecke reported that he has driven straight
trucks for 35 years, accumulating 210,000 miles and tractor-trailer
combinations for 35 years, accumulating 35,000 miles. He holds a Class
A CDL from Ohio. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Edwin E. West

    Mr. West, 55, has had a macular scar in his right eye due to a
retinal hemorrhage in 2004. The visual acuity in his right eye is 20/
70, and in his left eye, 20/20. Following an examination in 2015, his
optometrist stated, ``I certify that Ed West has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. West reported that he has driven straight trucks for 37 years,
accumulating 185,000 miles and tractor-trailer combinations for 37
years, accumulating 185,000 miles. He holds a Class A CDL from
Missouri. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Donald E. Wojtaszek

    Mr. Wojtaszek, 62, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/200. Following an examination in 2015, his optometrist stated,
``I hereby certify that in my medical opinion, this individual has
sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Wojtaszek reported that he has driven
straight trucks for 42 years, accumulating 84,000. He holds a Class C
license from Pennsylvania. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

III. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice, indicate the specific section of this document to which each
comment applies, and provide a reason for each suggestion or
recommendation. 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 the
Agency can contact you if it has questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
put the docket number FMCSA-2016-0024 in the ``Keyword'' box, and click
``Search. When the new screen appears, click on ``Comment Now!'' button
and type your comment into the text box in the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit. 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.
    FMCSA will consider all comments and material received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov and
insert the docket number FMCSA-2016-0024 in the ``Keyword'' box and
click ``Search.'' Next, click ``Open Docket Folder'' button and choose
the document listed to review. If you do not have access to the
Internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.

    Issued on: April 5, 2016.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-08354 Filed 4-11-16; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Rules and Regulations]
[Pages 67963-67964]
[FR Doc No: 2023-21723]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52

[EPA-R04-OAR-2022-0608; FRL-10387-02-R4]

Air Plan Approval; Florida; Noninterference Demonstrations for
Removal of CAIR and Obsolete Rules in the Florida SIP

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a
portion of a State Implementation Plan (SIP) revision submitted by the
Florida Department of Environmental Protection (FDEP) on April 1, 2022,
for the purpose of removing several rules from the Florida SIP. EPA is
approving the removal of the State's Clean Air Interstate Rule (CAIR)
rules from the Florida SIP as well as several Reasonably Available
Control Technology (RACT) rules for particulate matter (PM) because
these rules have become obsolete. The State has provided a non-
interference demonstration to support the removal of these rules from
the Florida SIP pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective November 2, 2023.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0608. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information 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 through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Evan Adams, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. The telephone number is<PHONE_NUMBER>. Mr. Adams can also
be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On April 1, 2022, FDEP submitted a SIP revision to remove Rules 62-
296.470, Florida Administrative Code (F.A.C.), Implementation of
Federal Clean Air Interstate Rule, 62-296.701, F.A.C., Portland Cement
Plants, 62-296.703, F.A.C., Carbonaceous Fuel Burners, 62-296.706,
F.A.C., Glass Manufacturing Process, 62-296.709, F.A.C., Lime Kilns,
and 62-296.710, F.A.C., Smelt Dissolving Tanks from the SIP.\1\ Florida
repealed Rule 62-296.470 on August 14, 2019, through a State regulatory
action because CAIR has sunset and, under CSAPR, EPA determined that
sources in Florida do not contribute significantly to nonattainment in,
or interfere with maintenance by, any other State with respect to the
covered NAAQS. Because the Cross-State Air Pollution Rule (CSAPR)
replaced CAIR, and EPA previously determined that CSAPR does not apply
to Florida, neither of these rules have any applicability in Florida
today. Similarly, Florida's PM RACT rules only apply to emission units
that have been issued an air permit on or before May 30, 1988. There
are no longer any units in the State still in operation covered by
Rules 62-296.701, 62-296.703, 62-296.706, 62-296.709, and 62-296.710.
Therefore, removal of these rules from the SIP will not interfere with
any applicable requirement concerning attainment and reasonable further
progress or any other applicable requirement of the CAA. See CAA
section 110(l).
---------------------------------------------------------------------------

    \1\ In FDEP's April 1, 2022, submission, the State requested
several other approvals from EPA, and EPA is addressing those rules
in a separate action.
---------------------------------------------------------------------------

    Through a notice of proposed rulemaking (NPRM) published on August
11, 2023 (88 FR 54534), EPA proposed to approve the portion of
Florida's April 1, 2022, SIP submittal seeking removal of Florida Rules
62-296.470, 62-296.701, 62-296.703, 62-296.706, 62-296.709, and 62-
296.710 from the SIP. The details of Florida's submission, as well as
EPA's rational for removing these rules, are described in more detail
in EPA's August 11, 2023, NPRM. Comments on the August 11, 2023, NPRM
were due on or before September 11, 2023. No adverse comments were
received on the August 11, 2023, NPRM.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. EPA is finalizing the removal of Rules 62-
296.470, F.A.C., Implementation of Federal Clean Air Interstate Rule,
62-296.701, F.A.C., Portland Cement Plants, 62-296.703, F.A.C.,
Carbonaceous Fuel Burners, 62-296.706, F.A.C., Glass Manufacturing
Process, 62-296.709, F.A.C., Lime Kilns, and 62-296.710, F.A.C., Smelt
Dissolving Tanks from the Florida SIP, which is incorporated by
reference in accordance with the requirements of 1 CFR part 51, as
discussed in Section I of this preamble. EPA has made and will continue
to make the SIP generally available at the EPA Region 4 Office (please
contact the person identified in the ``For Further Information
Contact'' section of this preamble for more information).

III. Final Action

    EPA is approving the portion of the April 1, 2022, Florida SIP
revision that consists of the removal of Rules 62-296.470, 62-296.701,
62-296.703, 62-296.706, 62-296.709, and 62-296.710 from the Florida
SIP.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission

that complies with the provisions of the Act and applicable Federal
regulations. See 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. 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 Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have Tribal implications and will not impose
substantial direct costs on Tribal governments or preempt Tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
    FDEP did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
impact on the air quality of the affected area. Consideration of EJ is
not required as part of this action, and there is no information in the
record inconsistent with the stated goal of E.O. 12898 of achieving EJ
for people of color, low-income populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
    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 December 4, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.

    Dated: September 27, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart K--Florida

Sec.  52.520  [Amended]

0
2. In Sec.  52.520 in paragraph (c) amend the table under the heading
``Chapter 62-296 Stationary Sources-Emission Standards'' by removing
the entries for ``Rules 62-296.470, Implementation of Federal Clean Air
Interstate Rule,'' ``62-296.701, Portland Cement Plants,'' ``62-
296.703, Carbonaceous Fuel Burners,'' ``62-296.706, Glass Manufacturing
Process,'' ``62-296.709, Lime Kilns,'' and ``62-296.710, Smelt
Dissolving Tanks.''

[FR Doc. 2023-21723 Filed 10-2-23; 8:45 am]
BILLING CODE 6560-50-P