[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Rules and Regulations]
[Pages 31741-31743]
[FR Doc No: 2019-14142]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0371; FRL-9995-84-Region 4]

Air Plan Approval; Alabama: PSD Replacement Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of revisions to the Alabama State Implementation Plan (SIP),
submitted by the State of Alabama, through the Alabama Department of
Environmental Management (ADEM), via two letters dated May 7, 2012, and
August 27, 2018. The SIP revisions relate to the State's Prevention of
Significant Deterioration (PSD) permitting regulations. In particular,
the revisions add a definition of ``replacement unit'' and provide that
a replacement unit is a type of existing emissions unit under the
definition of ``emissions unit.'' This action is being taken pursuant
to the Clean Air Act (CAA or Act).

DATES: This rule is effective August 2, 2019.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0371. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not 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 (formerly the Air,
Pesticides and Toxics Management 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: Andres Febres, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division (formerly the Air, Pesticides and Toxics Management
Division), Region 4, U.S. Environmental Protection Agency, 61 Forsyth
Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404)
562-8966. Mr. Febres can also be reached via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On May 7, 2012, Alabama submitted for EPA approval amendments to
its PSD permitting regulations as part of the State's New Source Review
(NSR) permitting program, found in ADEM Administrative Code Rule 335-3-
14-.04--Air Permits Authorizing Construction in Clean Air Areas
[Prevention of Significant Deterioration Permitting
(PSD)].1 2 Subsequently, Alabama submitted a May 5, 2017,
withdrawal letter clarifying the May 7, 2012, submittal. EPA issued a
direct final rule--with a concurrent Notice of Proposed Rulemaking
(NPRM)--on August 24, 2017, approving those changes. See 82 FR 40072
and 82 FR 40085, respectively. However, EPA received an adverse comment
on that action, and subsequently withdrew its direct final rule
approval of the May 7, 2012, submittal. See 82 FR 47397 (October 12,
2017). EPA is not finalizing the August 24, 2017, proposed rule.
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    \1\ EPA's regulations governing the implementation of the NSR
permitting programs are contained in 40 CFR 51.160 through 51.166;
52.21, 52.24; and part 51, Appendix S. The CAA NSR program is
composed of three separate programs: PSD, Nonattainment (NNSR), and
Minor NSR. PSD is established in part C of title I of the CAA and
applies in areas that meet the NAAQS--or ``attainment areas''--as
well as areas where there is insufficient information to determine
if the area meets the NAAQS--or ``unclassifiable areas.'' The NNSR
program is established in part D of title I of the CAA and applies
in areas that are not in attainment of the NAAQS--or ``nonattainment
areas.'' The Minor NSR program addresses construction or
modification activities that do not qualify as ``major'' and applies
regardless of the designation of the area in which a source is
located. Together, these programs are referred to as the NSR
programs.
    \2\ EPA notes that it received this SIP revision on May 16,
2012.
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    Alabama later submitted a second revision to Rule 335-3-14-.04 on
August 27, 2018.\3\ Together, the May 7, 2012, and August 27, 2018,
submittals, along with the State's May 5, 2017, withdrawal letter,
include revisions to Alabama's PSD permitting regulations by adding a
definition of ``replacement unit'' at Alabama Rule 335-3-
14-.04(2)(bbb), and by modifying the definition of ``emissions unit''
to expressly include replacement units as existing emissions units at
Alabama Rule 335-3-14-.04(2)(g). \4\ In addition, Alabama's August 27,
2018, SIP revision adds a fifth condition to the new definition of a
``Replacement Unit'' requiring any source qualifying as a replacement
unit to use the actual-to-projected-actual test for PSD applicability
at Alabama Rule 335-3-14-.04(1)(f). Alabama's definition of
``replacement unit,'' and its provision defining a replacement unit as
an ``existing emissions unit'' for purposes of PSD applicability, are
consistent with Federal PSD regulations at 40 CFR 51.166.
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    \3\ EPA notes that it received this SIP revision on September 4,
2018.
    \4\ EPA is not taking action on the portions of Alabama's May 7,
2012, and August 27, 2018, submittals regarding ADEM Administrative
Code Chapter 335-3-10--Standards of Performance for New Stationary
Sources, and Chapter 335-3-11--National Emission Standards for
Hazardous Air Pollutants. In the cover letter for these SIP
revisions, Alabama acknowledges that these regulations are not part
of Alabama's SIP and states that these regulations are not to be
incorporated into the SIP.
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    In a NPRM published on March 29, 2019 (84 FR 11914), EPA proposed
to approve the revisions to Alabama Rule 335-3-14-.04 included in the
State's May 7, 2012, submittal, as amended by the May 5, 2017,
withdrawal letter, and the August 27, 2018, submittal. Comments on the
NPRM were due on or before April 29, 2019. EPA received one adverse
comment during the comment period for this action and offers a response
below.

II. Response to Comments

    The Commenter generally supports EPA's proposed approval of
revisions to Alabama Rule 335-3-14-.04(2)(bbb) and Rule 335-3-
14-.04(2)(g). However, the Commenter states that EPA must require
revision of Alabama's SIP to remove a separate definition--the
definition of ``actual emissions'' at Alabama Rule 335-3-14-.04(2)(u)--
because that definition is ``unlawful and arbitrary.'' The Commenter
further states that EPA constructively reopened its approval of the
``actual emissions'' definition when it proposed approval of the May 7,
2012, version of Alabama Rule 335-3-14-.04(2)(bbb) on August 24, 2017
(82 FR 40072).
    EPA approved Alabama's definition of ``actual emissions'' on May 1,
2008 (73 FR 23957), and that approval is outside the scope of this
action. Additionally, EPA disagrees that it constructively reopened its
prior approval of the

``actual emissions'' definition through this action. Courts have
explained that an agency reopens a prior action in two circumstances:
(1) When it implicitly or explicitly solicits comment or otherwise
indicates its willingness to reconsider such regulation by inviting and
responding to comments; or (2) when the new rule increases the
significance of the preexisting regulation, and thus significantly
alters the stakes of judicial review. See Natural Resources Defense
Council v. EPA, 571 F.3d 1245 (D.C. Cir. 2009).
    Neither of these circumstances is present here. First, as explained
in our March 29, 2019, proposal, EPA withdrew the August 24, 2017,
direct final rule and is not finalizing it, so the Commenter's
assertions regarding that action are moot. Moreover, EPA did not cite
to or otherwise refer to the provision raised in the comment, nor did
it request public input on that provision in either its August 24,
2017, or March 29, 2019, proposals.
    Second, EPA's action here does not increase the significance of
Alabama's definition of ``actual emissions,'' nor does it alter the
stakes of judicial review of EPA's May 1, 2008 approval of that
provision. Under the SIP revision EPA is finalizing here, sources
qualifying as replacement units must use the actual-to-projected-actual
test for determining PSD applicability, which relies on the ``baseline
actual emissions'' of the source, rather than the ``actual emissions''
definition raised by the Commenter. In other words, no aspect of EPA's
action today relies on or otherwise impacts the applicability or effect
of Alabama's ``actual emissions'' definition. EPA also notes that,
because it withdrew its August 24, 2017, direct final rule and is not
finalizing that action, the action considered in EPA's August 24, 2017,
proposed rule also does not impact the significance of Alabama's
``actual emissions'' definition.
    For these reasons, EPA has not constructively reopened its May 1,
2008, approval of Alabama's definition of ``actual emissions'' and,
therefore, that rulemaking is outside the scope of this action.

III. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of ADEM
Administrative Code Rule 335-3-14-.04(2)(g) and 335-3-14-.04(2)(bbb),
state effective on October 5, 2018. EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and at the EPA Region 4 office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference in
the next update to the SIP compilation.\5\
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    \5\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving changes to the Alabama SIP, that were provided to
EPA through Alabama's May 7, 2012 and August 27, 2018 SIP revisions, as
well as the May 7, 2017 withdrawal letter. Specifically, EPA is
finalizing approval of changes to ADEM Administrative Code Rule 335-3-
14-.04(2)(g) and 335-3-14-.04(2)(bbb), in order to make Alabama's PSD
program consistent with Federal provisions and the CAA. This action is
limited to the two rules currently before the Agency and does not
modify any other PSD rules in Alabama's SIP.

V. 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. These actions merely
approve state law as meeting Federal requirements and do not impose
additional requirements beyond those imposed by state law. For that
reason, these actions:
     Are 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);
     Are not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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).
    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, these rules
do not have tribal implications as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    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 these actions 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. These actions are not ``major rules'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of these actions must be filed in the United States Court of Appeals
for the appropriate circuit by September 3,

2019. Filing a petition for reconsideration by the Administrator of
these final rules does not affect the finality of these actions 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 rules or actions. These actions may not be
challenged later in proceedings to enforce their requirements. See
section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: June 7, 2019.
Mary S. Walker,
Regional Administrator, Region 4.

    40 CFR part 52 is amended 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 B--Alabama

0
2. In Sec.  52.50, the table in paragraph (c) is amended under Chapter
No. 335-3-14 Air Permits by revising the entry for ``Section 335-3-
14-.04'' to read as follows:

Sec.  52.50  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Alabama Regulations
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                                                            State
          State citation               Title/subject      effective     EPA approval date        Explanation
                                                             date
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                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Chapter No. 335-3-14 Air Permits
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 335-3-14-.04.............  Air Permits             10/5/2018  7/3/2019 [Insert      Except for changes
                                    Authorizing                        citation of           to 335-3-14-
                                    Construction in in                 publication].         .04(2)(w)1., state
                                    Clean Air Areas                                          effective July 11,
                                    [Prevention of                                           2006, which lists a
                                    Significant                                              100 ton per year
                                    Deterioration                                            significant net
                                    Permitting (PSD)].                                       emissions increase
                                                                                for regulated NSR
                                                                                pollutants not
                                                                                otherwise specified
                                                                                at 335-3-14-
                                                                                .04(2)(w).
                                                                                Except for the
                                                                                significant impact
                                                                                levels at 335-3-14-
                                                                                .04(10)(b) which
                                                                                were withdrawn from
                                                                                EPA consideration
                                                                                on October 9, 2014.
                                                                                Except for the
                                                                                second sentence of
                                                                                paragraph 335-3-14-
                                                                                .04(2)(bbb)2., as
                                                                                well as the second
                                                                                and fourth
                                                                                sentences of
                                                                                paragraph 335-3-14-
                                                                                .04(2)(bbb)3.,
                                                                                which include
                                                                                changes from the
                                                                                vacated federal ERP
                                                                                rule and were
                                                                                withdrawn from EPA
                                                                                consideration by
                                                                                the State on May 5,
                                                                                2017.

                                                  * * * * * * *
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[FR Doc. 2019-14142 Filed 7-2-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 198 (Friday, October 12, 2012)]
[Notices]
[Pages 62242-62243]
[FR Doc No: 2012-25101]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0001]

Risk Communication Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Risk Communication Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on November 2, 2012, from 8
a.m. to 3 p.m.
    Location: FDA White Oak Campus, Building 31 Conference Center,
Great Room, 10903 New Hampshire Ave., Silver Spring, MD 20993.
Information regarding special accommodations due to a disability,
visitor parking, and transportation may be accessed at:
http:[sol][sol]www.fda.gov/AdvisoryCommittees/default.htm; under the
heading ``Resources for You,'' click on ``Public Meetings at the FDA
White Oak Campus.'' Please note that visitors to the White Oak Campus
must enter through Building 1.
    Contact Person: Lee L. Zwanziger, Risk Communication Staff, Office
of Planning, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 32, Rm. 3278, Silver Spring, MD 20993,<PHONE_NUMBER>, FAX: 301-
847-8611, email<EMAIL_ADDRESS>or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area), to find out further information regarding FDA advisory committee
information. A notice in the Federal Register about last minute
modifications that impact a previously announced advisory committee
meeting cannot always be published quickly enough to provide timely
notice. Therefore, you should always check the Agency's Web site at
http:[sol][sol]www.fda.gov/AdvisoryCommittees/default.htm and scroll
down to the appropriate advisory committee meeting link, or call the
advisory committee information line to learn about possible
modifications before coming to the meeting.
    Agenda: On November 2, 2012, the Committee will discuss general
factors in risk communication about FDA regulated products, including
approaches to avoid message fatigue and related communication barriers
such as prevention or warning fatigue or inaccurate risk perception.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http:[sol][sol]www.fda.gov/AdvisoryCommittees/Calendar/
default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
October 25, 2012. Oral presentations from the public will

be scheduled between approximately 10:30 a.m. and 11:30 a.m. on
November 2, 2012. Those individuals interested in making formal oral
presentations should notify the contact person and submit a brief
statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before October 25, 2012. Time allotted for each presentation may
be limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may conduct a lottery to determine the speakers
for the scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by October
26, 2012. Interested persons can also log on to
https:[sol][sol]collaboration.fda.gov/rcac/ to hear and see the
proceedings.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Lee L. Zwanziger at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http:[sol][sol]www.fda.gov/
AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: October 9, 2012.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2012-25101 Filed 10-11-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 86, Number 44 (Tuesday, March 9, 2021)]
[Proposed Rules]
[Pages 13514-13516]
[FR Doc No: 2021-04585]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0543; FRL-10020-96-Region 9]

Air Plan Approval; California; El Dorado County Air Quality
Management District; South Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the El Dorado County Air Quality Management
District (EDCAQMD) and the South Coast Air Quality Management District
(SCAQMD) portions of the California State Implementation Plan (SIP).
These revisions concern emissions of volatile organic compounds (VOC)
from architectural coatings and a rule that provides definitions for
certain terms that are necessary for the implementation of local rules
that regulate sources of air pollution. We are proposing to approve the
rules to regulate these emission sources under the Clean Air Act (CAA
or the Act). We are taking comments on this proposal and plan to follow
with a final action.

DATES: Any comments must arrive by April 8, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2020-0543 at http://www.regulations.gov, or via email to Arnold
Lazarus, at<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://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Arnold Lazarus, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?

    C. What is the purpose of the submitted rules?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rules
    D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this proposal with the dates
that they were adopted by the local air agencies and submitted by the
California Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
          Local agency               Rule No.            Rule title          Revised/ amended      Submitted
----------------------------------------------------------------------------------------------------------------
EDCAQMD.........................             215  Architectural Coatings..         08/25/2020         09/21/2020
SCAQMD..........................             102  Definition of Terms.....         01/10/2020         09/16/2020
----------------------------------------------------------------------------------------------------------------

On November 9, 2020, the EPA determined that the submittals for EDCAQMD
Rule 215 and SCAQMD Rule 102 met the completeness criteria in 40 CFR
part 51 Appendix V, which must be met before formal EPA review.

B. Are there other versions of these rules?

    There is a previous version of EDAQMD Rule 215 in the SIP, which
was adopted on September 27, 1994, submitted to EPA by CARB on November
30, 1994, and approved into the SIP on January 1, 1996 (61 FR 37390).
    There is a previous version of SCAQMD Rule 102 in the SIP, which
was amended on December 3, 2004, summited to EPA by CARB on June 16,
2006, and approved into the SIP on January 8, 2007 (72 FR 656).

C. What is the purpose of the submitted rules?

    VOCs contribute to the production of ground-level ozone, smog and
particulate matter, which harm human health and the environment.
Section 110(a) of the CAA requires states to submit regulations that
control VOC emissions. Architectural coatings are coatings that are
applied to stationary structures and their accessories. They include
house paints, stains, industrial maintenance coatings, traffic
coatings, and many other products. VOCs are emitted from the coatings
during application and curing, and from the associated solvents used
for thinning and clean-up.
    The EDCAQMD Rule 215 controls VOC emissions from architectural
coatings by establishing VOC limits on architectural coatings supplied,
sold, offered for sale, manufactured, blended, or repackaged for use
within the EDCAQMD, as well as architectural coatings applied or
solicited for application within the District. The revisions to Rule
215 include aligning the rule with CARB's ``Suggested Control Measure
for Architectural Coatings,'' approved in 2007, and lowering many of
the rule's VOC limits. The technical support document (TSD) has more
information about this rule.
    The purpose of the submitted rule revisions for SCAQMD Rule 102 is
to clarify and update definitions in the rule. The revisions, submitted
on September 16, 2020, add the following five compounds to the list of
exempt compounds:

 Methyl formate
 propylene carbonate
 1,1,1,2,3,3,3-heptafluoropropane (HFC-227ea)
 trans-1,3,3,3-tetrafluoropropene (HFO-1234ze)
 trans-1-chloro-3,3,3-trifluoropropene (HFO-1233zd) \1\
---------------------------------------------------------------------------

    \1\ The Environmental Protection Agency lists this compound as
trans 1-chloro-3,3,3-trifluoroprop-1-ene. See 40 CFR 51.100(s)(1).
It is identical to the version that SCAQMD lists. They both have the
same Chemical Abstract Services registry number of 102687-65-0 and
molecular formula of C3H2ClF3.
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II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not
interfere with applicable requirements concerning attainment and
reasonable further progress or other CAA requirements (see CAA section
110(l)), and must not modify certain SIP control requirements in
nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193).
    Generally, SIP rules must require Reasonably Available Control
Technology (RACT) for each category of sources covered by a Control
Techniques Guidelines (CTG) document as well as each major source of
VOCs in ozone nonattainment areas classified as Moderate or above (see
CAA section 182(b)(2)). The EDCAQMD has been designated as Severe
nonattainment for the 1997 and the 2008 8-hour ozone National Ambient
Air Quality Standards (NAAQS) and Moderate for the 2015 8-hour ozone
NAAQS (40 CFR 81.305). Because there is no relevant EPA CTG document
for architectural coatings and because there are no major architectural
coating sources within the EDCAQMD, architectural coatings are not
subject to RACT requirements. However, architectural coatings are
subject to other VOC content limits and control measures described in
the TSD. The SCAQMD regulates an ozone nonattainment area classified as
Extreme for the 1997, 2008 and 2015 8-hour ozone NAAQS (40 CFR 81.305).
However, the revisions to the SCAQMD definitions rule do not have a
direct effect on air pollution emissions and are intended to improve
clarity and enforceability of other SCAQMD rules, and thus are not
subject to RACT requirements.
    Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation and rule stringency requirements
for the applicable criteria pollutants include the following:

    1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
(57 FR 13498, April 16, 1992 and 57 FR 18070, April 28, 1992).
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations'' (``the Bluebook,'' U.S. EPA, May 25, 1988; revised
January 11, 1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies'' (``the Little Bluebook,'' EPA Region 9, August 21,
2001).
    4. National Volatile Organic Compound Emission Standards for
Architectural Coatings, 40 CFR 59, Subpart D.
    5. CARB ``Suggested Control Measure for Architectural
Coatings,'' Approved 2007.
    6. Code of Federal Regulations, Title 40, Chapter C, Part 51,
Subpart F, Sec.  Section 51.100 (s) (1), ``Definitions'' (40 CFR
51.100).

B. Do the rules meet the evaluation criteria?

    These rules are consistent with CAA requirements and relevant
guidance regarding enforceability, stringency, and SIP revisions. The
TSDs have more information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSD for Rule 215 describes a suggested rule revision that we
recommend for the next time the local agency modifies the rule.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rules because they fulfill all relevant
requirements. We will accept comments from the public on this proposal
until April 8, 2021. If we take final action to approve the submitted
rules, our final action will incorporate these rules into the federally
enforceable SIP.

III. Incorporation by Reference

    In these rules, the 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, the EPA is proposing to incorporate by
reference the EDCAQMD Rule 215 and the SCAQMD Rule 102 described in
Table 1 of this preamble. The EPA has made, and will continue to make,
these materials available through www.regulations.gov and at the EPA
Region IX Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).

IV. Statutory and Executive Order Reviews

    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, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely proposes to approve 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 Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the 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).

List of Subjects in 40 CFR Part 52

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

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

    Dated: February 26, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-04585 Filed 3-8-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 200 (Tuesday, October 16, 2012)]
[Notices]
[Page 63302]
[FR Doc No: 2012-25396]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14448-000]

Jay A. Moyle; Notice of Application Accepted for Filing and
Soliciting Comments, Motions To Intervene, Protests, Recommendations,
and Terms and Conditions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Conduit Exemption.
    b. Project No.: 14448-000.
    c. Date filed: August 20, 2012.
    d. Applicant: Jay A. Moyle.
    e. Name of Project: P Coulee Power Plant Project.
    f. Location: The proposed P Coulee Power Plant Project would be
located on a pressurized irrigation sprinkler pipeline in Twin Falls
County, Idaho. The land on which all the project structures are located
is owned by the applicant.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Jack J. Straubhar, P.O. Box 5071, Twin
Falls, ID 83303-5071 phone<PHONE_NUMBER>.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER><EMAIL_ADDRESS>    j. Status of Environmental Analysis: This application is ready for
environmental analysis at this time, and the Commission is requesting
comments, reply comments, recommendations, terms and conditions, and
prescriptions.
    k. Deadline for filing responsive documents: Due to the small size
of the proposed project, as well as the resource agency consultation
letters filed with the application, the 60-day timeframe specified in
18 CFR 4.34(b) for filing all comments, motions to intervene, protests,
recommendations, terms and conditions, and prescriptions is shortened
to 30 days from the issuance date of this notice. All reply comments
filed in response to comments submitted by any resource agency, Indian
tribe, or person, must be filed with the Commission within 45 days from
the issuance date of this notice.
    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 at http://www.ferc.gov/docs-filing/efiling.asp. The Commission strongly encourages electronic
filings.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    l. Description of the project: The proposed P Coulee Power Plant
Project would consist of: (1) A proposed powerhouse containing one
proposed generating unit with an installed capacity of 60 kilowatts;
and (2) appurtenant facilities. The applicant estimates the project
would have an average annual generation of 0.500 gigawatt-hours.
    m. This filing is available for review and reproduction at the
Commission in the Public Reference Room, Room 2A, 888 First Street NE.,
Washington, DC 20426. The filing may also be viewed on the Web at
http://www.ferc.gov/docs-filing/elibrary.asp using the ``eLibrary''
link. Enter the docket number, P-14448, in the docket number field to
access the document. For assistance, call toll-free 1-866-208-3676 or
email<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy
is also available for review and reproduction at the address in item h
above.
    n. Development Application--Any qualified applicant desiring to
file a competing application must submit to the Commission, on or
before the specified deadline date for the particular application, a
competing development application, or a notice of intent to file such
an application. Submission of a timely notice of intent allows an
interested person to file the competing development application no
later than 120 days after the specified deadline date for the
particular application. Applications for preliminary permits will not
be accepted in response to this notice.
    p. Protests or Motions to Intervene--Anyone may submit a protest or
a motion to intervene in accordance with the requirements of Rules of
Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In
determining the appropriate action to take, the Commission will
consider all protests filed, but only those who file a motion to
intervene in accordance with the Commission's Rules may become a party
to the proceeding. Any protests or motions to intervene must be
received on or before the specified deadline date for the particular
application.
    q. All filings must (1) bear in all capital letters the title
``PROTEST'', ``MOTION TO INTERVENE'', ``COMMENTS'', ``REPLY COMMENTS,''
``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' or ``PRESCRIPTIONS;''
(2) set forth in the heading, the name of the applicant and the project
number of the application to which the filing responds; (3) furnish the
name, address, and telephone number of the person protesting or
intervening; and (4) otherwise comply with the requirements of 18 CFR
385.2001 through 385.2005. All comments, recommendations, terms and
conditions or prescriptions must set forth their evidentiary basis and
otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may
obtain copies of the application directly from the applicant. Any of
these documents must be filed by providing the original and seven
copies to: The Secretary, Federal Energy Regulatory Commission, 888
First Street NE., Washington, DC 20426. An additional copy must be sent
to Director, Division of Hydropower Administration and Compliance,
Office of Energy Projects, Federal Energy Regulatory Commission, at the
above address. A copy of any protest or motion to intervene must be
served upon each representative of the applicant specified in the
particular application. A copy of all other filings in reference to
this application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: October 10, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-25396 Filed 10-15-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 7, 2005 (Volume 70, Number 214)]
[Notices]
[Page 67464-67465]
[DOCID:fr07no05-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP05-420-000]

Bayou Casotte Energy LLC; Notice of Application

October 31, 2005.
    Take notice that on September 30, 2005, Bayou Casotte Energy LLC
(``Bayou Casotte Energy''), 6001 Bollinger Canyon Rd., San Ramon, CA
94583-7324, filed in Docket No. CP05-420-000, an application pursuant
to section 3 of the Natural Gas Act (NGA) to authorize Bayou Casotte
Energy to site, construct, and operate facilities that it intends to
use to import liquefied natural gas (``LNG'') into the United States.
The proposed Bayou Casotte Energy site is located in Jackson County,
Mississippi. The site is located adjacent to the existing Chevron
Pascagoula Refinery on Bayou Casotte, just east of Pascagoula,
Mississippi, all as more fully set forth in the application which is on
file with the Commission and open to public inspection. This filing may
be also viewed on the Web at http://www.ferc.gov using the ``eLibrary''

link.

Enter the docket number excluding the last three digits in the docket
number field to access the document. For assistance, call (866) 208-
3676 or TTY,<PHONE_NUMBER>.
    Any questions regarding this application may be directed to Richard
A. Lammons, Vice President of Bayou Casotte Energy LLC, 1500 Louisiana
Street, Houston, Texas 77002 or<PHONE_NUMBER>.
    On March 2, 2005 the Commission staff granted Bayou Casotte
Energy's request to utilize the National Environmental Policy Act
(NEPA) Pre-Filing Process and assigned Docket No. PF05-9-000 to staff
activities involving Bayou Casotte Energy. Now, as of the filing of
Bayou Casotte Energy's application on September 30, 2005, the NEPA Pre-
Filing Process for this project has ended. From this time forward,
Bayou Casotte Energy's proceeding will be conducted in Docket No. CP05-
420-000, as noted in the caption of this Notice.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the below listed comment date, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC. 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    Motions to intervene, protests and comments 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. In light of the recent Gulf Coast hurricanes and at
Bayou Casotte Energy's request, the comment period is extended to 90
days to ensure full public participation.
    Comment Date: January 30, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-6168 Filed 11-4-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Notices]
[Pages 46091-46092]
[FR Doc No: 2019-18963]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2019-0030]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt four individuals from
the requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs) that interstate commercial motor vehicle (CMV) drivers have
``no established medical history or clinical diagnosis of epilepsy or
any other condition which is likely to cause loss of consciousness or
any loss of ability to control a CMV.'' The exemptions enable these
individuals who have had one or more seizures and are taking anti-
seizure medication to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on July 12, 2019. The exemptions
expire on July 12, 2021.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, 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.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2019-0030 and choose the document 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., ET, Monday through Friday, except
Federal holidays.

B. 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.

II. Background

    On June 7, 2019, FMCSA published a notice announcing receipt of
applications from four individuals requesting an exemption from the
epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and
requested comments from the public (84 FR 26722). The public comment
period ended on July 8, 2019, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting exemptions to these individuals would achieve
a level of safety equivalent to, or greater than, the level that would
be achieved by complying with Sec.  391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy
found in Sec.  391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.

    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
---------------------------------------------------------------------------

    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-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 statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The Agency's decision regarding these exemption applications is
based on the 2007 recommendations of the Agency's Medical Expert Panel
(MEP). The Agency conducted an individualized assessment of each
applicant's medical information, including the root cause of the
respective seizure(s) and medical information about the applicant's
seizure history, the length of time that has elapsed since the
individual's last seizure, the stability of each individual's treatment
regimen and the duration of time on or off of anti-seizure medication.
In addition, the Agency reviewed the treating clinician's medical
opinion related to the ability of the driver to safely operate a CMV
with a history of seizure and each applicant's driving record found in
the Commercial Driver's License Information System for commercial
driver's license (CDL) holders, and interstate and intrastate
inspections recorded in the Motor Carrier Management Information
System. For non-CDL holders, the Agency reviewed the driving records
from the State Driver's Licensing Agency (SDLA). A summary of each
applicant's seizure history was discussed in the June 7, 2019, Federal
Register notice (84 FR 26722) and will not be repeated in this notice.
    These four applicants have been seizure-free over a range of 20
years while taking anti-seizure medication and maintained a stable
medication treatment regimen for the last 2 years. In each case, the
applicant's treating physician verified his or her seizure history and
supports the ability to drive commercially.
    The Agency acknowledges the potential consequences of a driver
experiencing a seizure while operating a CMV. However, the Agency
believes the drivers granted this exemption have demonstrated that they
are unlikely to have a seizure and their medical condition does not
pose a risk to public safety.
    Consequently, FMCSA finds that in each case exempting these
applicants from the epilepsy and seizure disorder prohibition in Sec.
391.41(b)(8) is likely to achieve a level of safety equal to that
existing without the exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and includes the following: (1)
Each driver must remain seizure-free and maintain a stable treatment
during the 2-year exemption period; (2) each driver must submit annual
reports from their treating physicians attesting to the stability of
treatment and that the driver has remained seizure-free; (3) each
driver must undergo an annual medical examination by a certified ME, as
defined by Sec.  390.5; and (4) each driver must provide a copy of the
annual medical certification to the employer for retention in the
driver's qualification file, or keep a copy of his/her driver's
qualification file if he/she is self-employed. The driver must also
have a copy of the exemption when driving, for presentation to a duly
authorized Federal, State, or local enforcement official.

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the four exemption applications, FMCSA
exempts the following drivers from the epilepsy and seizure disorder
prohibition, Sec.  391.41(b)(8), subject to the requirements cited
above:

Robert Broxson (AL)
Douglas Day (IN)
Logan Hertzler (PA)
Alexandria Lockhart (PA)

    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (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
prior to being 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(b).

    Issued on: August 21, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-18963 Filed 8-30-19; 8:45 a.m.]
 BILLING CODE 4910-EX-P


[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Rules and Regulations]
[Pages 47611-47612]
[FR Doc No: 2017-22118]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-0384; Airspace Docket No. 17-ASO-14]

Amendment of Class D and Class E Airspace; Elizabeth City, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action removes the Notice to Airmen (NOTAM) part-time
status from the legal description of the Class E airspace area
designated as an extension at Elizabeth City CGAS/Regional Airport,
Elizabeth City, NC, and adds NOTAM part-time language information to
Class E surface area airspace. This action brings the airspace
descriptions in line with the airspace hours listed in the applicable
Chart Supplement. This action also updates the geographic coordinates
of the airport and the Woodville non-directional radio beacon (NDB) in
the associated Class D and E airspace. Also, an editorial change is
made to the Class D and E surface area airspace legal descriptions,
replacing Airport/Facility Directory with the term Chart Supplement.

DATES: Effective 0901 UTC, December 7, 2017. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202)-267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class D and Class E airspace at Elizabeth City CGAS/
Regional Airport, Elizabeth City, NC, to ensure the efficient use of
airspace within the National Airspace System.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (82 FR 33837, July 21, 2017) Docket No. FAA-2016-0384 to amend
Class D airspace, Class E surface area airspace, Class E airspace
designated as an extension to a Class D surface area, and Class E
airspace extending upward from 700 feet or more above the surface at
Elizabeth City CGAS/Regional Airport, Elizabeth City, NC.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class D and E airspace designations are published in paragraph
5000, 6002, 6004, and 6005, respectively, of FAA Order 7400.11B dated
August 3, 2017, and effective September 15, 2017, which is incorporated
by reference in 14 CFR part 71.1. The Class D and E airspace
designations listed in this document will be published subsequently in
the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017, and effective September 15,
2017. FAA Order 7400.11B is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11B lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by amending Class D airspace, Class E surface area airspace,
Class E airspace designated as an extension to a Class D surface area,
and Class E airspace extending upward from 700 feet or more above the
surface at Elizabeth City CGAS/Regional Airport, Elizabeth City, NC.
The NOTAM part-time status is removed from the Class E airspace area
designated as an extension to a Class D surface area.
    For the associated Class D and E airspace areas, the geographic
coordinates of the airport and Woodville NDB are adjusted to coincide
with the FAAs aeronautical database.
    Also, this action replaces the outdated term Airport/Facility
Directory with the term Chart Supplement in the associated Class D and
E airspace legal descriptions.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a

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

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.11B, Airspace Designations and Reporting
Points, dated August 3, 2017, effective September 15, 2017, is amended
as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO NC D Elizabeth City, NC [Amended]

Elizabeth City CGAS/Regional Airport, NC
    (Lat. 36[deg]15'38'' N., long. 76[deg]10'28'' W.)

    That airspace extending upward from the surface to and including
2,500 feet within a 4.1-mile radius of Elizabeth City CGAS/Regional
Airport. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Chart Supplement.

Paragraph 6002 Class E Surface Area Airspace.

* * * * *

ASO NC E2 Elizabeth City, NC [Amended]

Elizabeth City CGAS/Regional Airport, NC
    (Lat. 36[deg]15'38'' N., long. 76[deg]10'28'' W.)

    Within a 4.1-mile radius of Elizabeth City CGAS/Regional
Airport. This Class E airspace area is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Chart Supplement.

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

* * * * *

ASO NC E4 Elizabeth City, NC [Amended]

Elizabeth City CGAS/Regional Airport, NC
    (Lat. 36[deg]15'38'' N., long. 76[deg]10'28'' W.)
Elizabeth City VOR/DME
    (Lat. 36[deg]15'27'' N., long. 76[deg]10'32'' W.)
Woodville NDB
    (Lat. 36[deg]15'47'' N., long. 76[deg]17'53'' W.)

    That airspace extending upward from the surface within 1.6 miles
each side of Elizabeth City VOR/DME 189[deg] radial, extending from
the 4.1-mile radius of Elizabeth City CGAS/Regional Airport to 9.5
miles south of the VOR/DME; within 3.3 miles each side of Elizabeth
City VOR/DME 357[deg] radial, extending from the 4.1-mile radius of
Elizabeth City CGAS/Regional Airport to 7 miles north of the VOR/
DME; within 1.2 miles each side of the 079[deg] bearing from the
Woodville NDB, extending from 4.1-mile radius of the airport to the
NDB.

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

* * * * *

ASO NC E5 Elizabeth City, NC [Amended]

Elizabeth City CGAS/Regional Airport, NC
    (Lat. 36[deg]15'38'' N., long. 76[deg]10'28'' W.)
Elizabeth City VOR/DME
    (Lat. 36[deg]15'27'' N., long. 76[deg]10'32'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Elizabeth City CGAS/Regional Airport, and
within 8 miles east and 4 miles west of Elizabeth City VOR/DME
189[deg] radial, extending from the VOR/DME to 9.5 miles south of
the VOR/DME.

    Issued in College Park, Georgia, on October 4, 2017.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2017-22118 Filed 10-12-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: June 22, 2010 (Volume 75, Number 119)]
[Notices]
[Page 35496]
[DOCID:fr22jn10-62]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0001]

Cardiovascular and Renal Drugs Advisory Committee; Notice of
Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Cardiovascular and Renal Drugs Advisory
Committee.
    General Function of the Committee: To provide advice and
recommendations to the agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on July 29, 2010, from 8
a.m. to 5 p.m.
    Location: The Marriott Inn and Conference Center, University of
Maryland University College, 3501 University Blvd. East, Adelphi, MD.
The conference center telephone number is<PHONE_NUMBER>.
    Contact Person: Elaine Ferguson, c/o Christine Shipe, Center for
Drug Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 31, rm. 2419, Silver Spring, MD 20993-0002, 301-
796-9001, FAX:<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>or
FDA Advisory Committee Information Line, 1-800-741-8138<PHONE_NUMBER>
in the Washington, DC area), code<PHONE_NUMBER>. Please call the
Information Line for up-to-date information on this meeting. A notice
in the Federal Register about last minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly enough to provide timely notice. Therefore, you
should always check the agency's Web site and call the appropriate
advisory committee hot line/phone line to learn about possible
modifications before coming to the meeting.
    Agenda: On July 29, 2010, the committee will discuss Revatio
(sildenafil) for the treatment of pediatric pulmonary arterial
hypertension (PAH) and whether to amend the clinical trials section of
the written request, issued by FDA to Pfizer, to include assessment of
a hemodynamic endpoint. An area of particular interest will be what the
appropriate study endpoint should be in patients with PAH unable to
perform exercise testing. The discussion will help the agency determine
what studies to request for products intended to treat pediatric PAH.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/
default.htm. Scroll down to the appropriate advisory committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before July
14, 2010. Oral presentations from the public will be scheduled between
approximately 1 p.m. and 2 p.m. Those desiring to make formal oral
presentations should notify the contact person and submit a brief
statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before July 6, 2010. Time allotted for each presentation may be
limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may conduct a lottery to determine the speakers
for the scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by July 7,
2010.
    Persons attending FDA's advisory committee meetings are advised
that the agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Elaine Ferguson at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/
AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: June 15, 2010.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2010-15019 Filed 6-21-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Page 4411]
[FR Doc No: 2011-1411]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Application 10-06-C-00-BOS To Impose
and Use the Revenue From a Passenger Facility Charge (PFC) at General
Edward Lawrence Logan International Airport, East Boston, MA

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

ACTION: Request for comments, notice of Intent to Rule on a PFC
application.

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

SUMMARY: This document requests public comment on the supplementary
material provided by the applicant, Massachusetts Port Authority
(Massport), in response to the FAA's requests for clarification of its
application to impose and use a PFC at General Edward Lawrence Logan
International Airport, East Boston, Massachusetts.
    The FAA received additional documentation and information in
support of Massport's PFC application, received April 15, 2010. The FAA
is soliciting public comment on this supplementary material. Once
received and following the FAA's review of any comments submitted
pursuant to this notice, a Final Agency Decision is anticipated either
approving or disapproving the application, in whole or in part, within
60 days of the date of this Notice. The ruling will be issued under the
provisions of the 49 U.S.C. 40117 and 14 Code of Federal Regulations
part 158 (14 CFR part 158).

DATES: Comments must be received on or before February 24, 2011.

ADDRESSES: Comments on this supplemental material may be mailed or
delivered in triplicate to the FAA at the following address: Ms.
Priscilla Scott, PFC Program Manager, Federal Aviation Administration,
Airports Division, 12 New England Executive Park, Burlington,
Massachusetts 01803.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to Mr. Thomas Kinton, CEO and Executive Director of
the Massachusetts Port Authority at the following address: One
Harborside Drive, Suite 200S, East Boston, Massachusetts 02128.

FOR FURTHER INFORMATION CONTACT: Priscilla Scott, PFC Program Manager,
Federal Aviation Administration, Airports Division, 12 New England
Executive Park, Burlington, Massachusetts 01803,<PHONE_NUMBER>. The
application may be reviewed in person at 16 New England Executive Park,
Burlington, Massachusetts. Please call to set up an appointment.
    In addition, any person may, upon request, inspect the application,
notice and other documents germane to the application in person at One
Harborside Drive, Suite 200S, East Boston, Massachusetts 02128. Please
contact Massport at<PHONE_NUMBER> to set up an appointment.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
additional documentation provided by the applicant in response to the
FAA's requests for clarification in support of Massport's application
to impose and use a PFC at Boston-Logan International Airport,
    The supplemental material includes all documentation provided to
the FAA by April 15, 2010, which was the date of Massport's submission
of its PFC application for collection and use of PFC revenue for
various projects at Boston-Logan International Airport. The FAA will
issue a decision on Massport's PFC application under the provisions of
the 49 U.S.C. 40117 and 14 CFR part 158.
    Background: On April 15, 2010, Massport submitted its application
to impose and use a PFC at Boston-Logan International Airport
    On May 25, 2010, the FAA sent a letter to Massport notifying it
that the PFC application was substantially complete.
    The FAA's decision making process on PFC applications may include
publishing a notice in the Federal Register informing the public of the
FAA's intention to rule on the pending application and inviting public
comment on that application. Consideration is given to all comments
submitted pursuant to the Federal Register Notice during FAA's
deliberations on the application. The FAA responds to the substantive
comments in its Final Agency Decision.
    In conjunction with rendering its decisions on PFC applications,
the FAA determines the PFC eligibility for each project, and whether
the eligible projects are adequately justified. In reviewing the
application submitted by Massport, the FAA discovered that further
clarification would be helpful to make its required determinations.
    Accordingly, the FAA asked Massport to clarify certain information
on the eligibility of costs related to Project 42--Terminal
``A'' Development.
    In response to the FAA's requests, Massport provided supplemental
material in the form of e-mails, airline lease documents, written
discussions of Massport's lease practices, and rates and charges
information which includes facility rent calculations indicating the
uses of PFC revenues.

    Issued in Burlington, Massachusetts on January 6, 2011.
Bryon H. Rakoff,
Manager, Planning and Program Branch, Airports Division, New England
Region.
[FR Doc. 2011-1411 Filed 1-24-11; 8:45 am]
BILLING CODE P