[Federal Register Volume 82, Number 168 (Thursday, August 31, 2017)]
[Rules and Regulations]
[Pages 41337-41342]
[FR Doc No: 2017-18218]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA-2017; FRL-9965-15-Region 4]

Air Plan Approval; Georgia; Update to Materials Incorporated by
Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of administrative change.

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SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the Georgia
state implementation plan (SIP). The regulations affected by this
update have been previously submitted by Georgia and approved by EPA.
This update affects the materials that are available for public
inspection at the National Archives and Records Administration (NARA)
and the EPA Regional Office.

DATES: This action is effective August 31, 2017.

ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, GA 30303; and the National Archives and Records
Administration. For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. To view the materials at the Region 4
Office, EPA requests that you email the contact listed in the FOR
FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Lakeman can be reached via telephone at<PHONE_NUMBER>
or via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Each state has a SIP containing the control measures and strategies
used to attain and maintain the national ambient air quality standards
(NAAQS). The SIP is extensive, containing such elements as air
pollution control regulations, emission inventories, monitoring
networks, attainment demonstrations, and enforcement mechanisms.
    Each state must formally adopt the control measures and strategies
in the SIP after the public has had an opportunity to comment on them
and then submit the proposed SIP revisions to EPA. Once these control
measures and strategies are approved by EPA, and after notice and
comment, they are incorporated into the federally-approved SIP and are
identified in part 52 ``Approval and Promulgation of Implementation
Plans,'' title 40 of the Code of Federal Regulations (40 CFR part 52).
The full text of the state regulation approved by EPA is not reproduced
in its entirety in 40 CFR part 52, but is ``incorporated by
reference.'' This means that EPA has approved a given state regulation
with a specific effective date. The public is referred to the location
of the full text version should they want to know which measures are
contained in a given SIP. The information provided allows EPA and the
public to monitor the extent to which a state implements a SIP to
attain and maintain the NAAQS and to take enforcement action if
necessary.
    The SIP is a living document which the state can revise as
necessary to address the unique air pollution problems in the state.
Therefore, EPA from time to time must take action on proposed revisions
containing new and/or revised state regulations. A submission from a
state can revise one or more rules in their entirety or portions of
rules, or even change a single word. The state indicates the changes in
the submission (such as, by using redline/strikethrough) and EPA then
takes action on the requested changes. EPA establishes a docket for its
actions using a unique Docket Identification Number, which is listed in
each action. These dockets and the complete submission are available
for viewing on www.regulations.gov.
    On May 22, 1997 (62 FR 27968), EPA revised the procedures for
incorporating by reference, into the Code of Federal Regulations,
materials approved by EPA into each state SIP. These changes revised
the format for the identification of the SIP in 40 CFR part 52,
streamlined the mechanisms for announcing EPA approval of revisions to
a SIP, and streamlined the mechanisms for EPA's updating of the IBR
information contained for each SIP in 40 CFR part 52. The revised
procedures also called for EPA to maintain ``SIP Compilations'' that
contain the federally-approved regulations and source specific permits
submitted by each state agency. These SIP Compilations are contained in
3-ring binders and are updated primarily on an annual basis. Under the
revised procedures, EPA must periodically publish an informational
document in the rules section of the Federal Register notifying the
public that updates have been made to a SIP Compilation for a
particular state. EPA applied the 1997 revised procedures to Georgia on
May 21, 1999 (64 FR 27699).

II. EPA Action

    This action represents EPA's publication of the Georgia SIP
Compilation update, appearing in 40 CFR part 52. In addition, notice is
provided of the following corrections to Table (c) of section 52.570,
as described below:
    A. Under the ``State effective date'' and ``EPA approval date''
changing the 2-digit year to reflect a 4-digit year (for consistency)
and correcting numerous CFR citations to reflect the first page of the
preamble as opposed to the regulatory text page.
    B. 391-3-1-.02(2)(c): State effective date is revised to read ``8/
9/2012'' and EPA approval date is revised to read ``4/9/2013, 78 FR
21065''.
    C. 391-3-1-.02(2)(m): Entry is removed from the table because EPA
previously approved removal of this provision from the SIP. See 40 FR
45817 (October 3, 1975).
    D. 391-3-1-.02(2)(ss): Title/subject is revised to read ``Gasoline
Transport Vehicles and Vapor Collection Systems''.
    E. 391-3-1-.02(2)(ww): Entry is removed from the table because EPA
previously approved removal of this provision from the SIP. See 61 FR
33372 (June 27, 1996).
    F. 391-3-1-.02(2)(jjj): State effective date is revised to read
``3/12/2007'' and EPA approval date is revised to read ``11/27/2009, 74
FR 62249''.
    G. 391-3-1-.02(2)(lll): State effective date is revised to read
``4/12/2009'' and EPA approval date is revised to read ``9/28/2012, 77
FR 59554''.
    H. 391-3-1-.02(6): State effective date is revised to read ``3/12/
2007'' and EPA approval date is revised to read ``11/27/2009, 74 FR
62249''.
    I. 391-3-1-.02(7): To remove previously-approved typographical
error, the entry is revised to read ``As of 4/9/13 EPA is approving a
revision to 391-3-1.02(7) to incorporate by reference the version of 40
CFR 52.21 as of July 20, 2011, with the exception of the
PM2.5 SMC and SILs thresholds and provisions promulgated in
the October 20, 2010 PM2.5 PSD Increment-SILs-SMC Rule at 40
CFR 52.21(i)(5) and (k)(2), respectively. See 78 FR 21065.''
    J. 391-3-1-.02(12): State effective date is revised to read ``7/25/
2007'' and EPA approval date is revised to read ``11/27/2009, 74 FR
62249''.
    K. 391-3-22: entry is removed from table because the rule was moved
to the Non-Regulatory Provisions.

III. Good Cause Exemption

    EPA has determined that this action falls under the ``good cause''
exemption in the section 553(b)(3)(B) of the Administrative Procedure
Act (APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation and section 553(d)(3) which allows
an agency to make an action effective immediately (thereby avoiding the
30-day delayed effective date otherwise provided for in the APA). This
administrative action simply codifies provisions which are already in
effect as a matter of law in Federal and approved state programs and
corrects typographical errors appearing in the Federal Register. Under
section 553 of the APA, an agency may find good cause where procedures
are ``impracticable, unnecessary, or contrary to the public interest.''
Public comment for this administrative action is ``unnecessary'' and
``contrary to the public interest'' since the codification (and
typographical corrections) only reflect existing law. Immediate notice
of this action in the Federal Register benefits the public by providing
the public notice of the updated Georgia SIP Compilation and notice of
typographical corrections to the Georgia ``Identification of Plan''
portion of the Federal Register.

IV. Incorporation by Reference

    In this rule, 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 previously
EPA-approved regulations promulgated by Georgia and federally-effective
prior to January 1, 2017. Therefore, these materials have been approved
by EPA for inclusion in the SIP, 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 by the Director
of the Federal Register in the next update to the SIP compilation.\1\
EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and/or at the EPA Region 4 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).
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    \1\ See 62 FR 27968 (May 22, 1997).
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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. Accordingly, this
notice of administrative change 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 13563 (76 FR 3821, January 21,
2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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 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 this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    EPA also believes that the provisions of section 307(b)(1) of the
CAA pertaining to petitions for judicial review are not applicable to
this action. This is because prior EPA rulemaking actions for each
individual component of the Georgia SIP compilations previously
afforded interested parties the opportunity to file a petition for
judicial review in the United States Court of Appeals for the
appropriate circuit within 60 days of such rulemaking action. Thus, EPA
believes judicial review of this action under section 307(b)(1) of the
CAA is not available.

List of Subjects in 40 CFR Part 52

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

    Dated: July 7, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart L--Georgia

0
2. Section 52.570(b) and (c) are revised to read as follows:

Sec.  52.570  Identification of plan.

* * * * *
    (b) Incorporation by reference. (1) Material listed in paragraph
(c) and (d) of this section with an EPA approval date prior to January
1, 2017, for Georgia was approved for incorporation by reference by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Material is incorporated as it exists on the date of the
approval, and notice of any change in the material will be published in
the Federal Register. Entries in paragraph (c) and (d) of this section
with EPA approval dates after January 1, 2017, for Georgia will be
incorporated by reference in the next update to the SIP compilation.
    (2) EPA Region 4 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
Implementation Plan as of the dates referenced in paragraph (b)(1) of
this section.
    (3) Copies of the materials incorporated by reference may be
inspected at the Region 4 EPA Office at 61 Forsyth Street SW., Atlanta,
GA 30303. To obtain the material, please call<PHONE_NUMBER>. You may
inspect the material with an EPA approval date prior to January 1,
2017, for Georgia at the National Archives and Records Administration.
For information on the

availability of this material at NARA go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) EPA approved Georgia regulations.

                                        EPA-Approved Georgia Regulations
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                                                             State
           State citation              Title/subject    effective date  EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
391-3-1-.01........................  Definitions......       8/14/2016  1/5/2017, 82 FR    .....................
                                                                         1206.
----------------------------------------------------------------------------------------------------------------
                                                   Provisions
----------------------------------------------------------------------------------------------------------------
391-3-1-.02:
    391-3-1-.02(1).................  General                 3/20/1979  9/18/1979, 44 FR   .....................
                                      Requirements.                      54047.
----------------------------------------------------------------------------------------------------------------
                                               Emission Standards
----------------------------------------------------------------------------------------------------------------
391-3-1-.02(2):
    391-3-1-.02(2)(a)..............  General                  3/7/2012  9/28/2012, 77 FR   Except for paragraph
                                      Provisions.                        59554.             391-3-1-.02(2)(a)1
                                                                                (as approved on 3/16/
                                                                                06).
    391-3-1-.02(2)(b)..............  Visible Emissions       1/17/1979  9/18/1979, 44 FR
                                                                         54047.
    391-3-1-.02(2)(c)..............  Incinerators.....        8/9/2012  4/9/2013, 78 FR
                                                                         21065.
    391-3-1-.02(2)(d)..............  Fuel-burning            7/20/2005  2/9/2009, 75 FR
                                      Equipment.                         6309.
    391-3-1-.02(2)(e)..............  Particulate             1/17/1979  9/18/1979, 44 FR
                                      Emission from                      54047.
                                      Manufacturing
                                      Processes.
    391-3-1-.02(2)(f)..............  Normal                  1/17/1979  9/18/1979, 44 FR
                                      Superphosphate                     54047.
                                      Manufacturing
                                      Facilities.
    391-3-1-.02(2)(g)..............  Sulfur Dioxide...       7/17/2002  7/9/2003, 68 FR
                                                                         40786.
    391-3-1-.02(2)(h)..............  Portland Cement         1/17/1979  9/18/1979, 44 FR
                                      Plants.                            54047.
    391-3-1-.02(2)(i)..............  Nitric Acid             1/17/1979  9/18/1979, 44 FR
                                      Plants.                            54047.
    391-3-1-.02(2)(j)..............  Sulfuric Acid           1/17/1979  9/18/1979, 44 FR
                                      Plants.                            54047.
    391-3-1-.02(2)(k)..............  Particulate             1/17/1979  9/18/1979, 44 FR
                                      Emission from                      54047.
                                      Asphaltic
                                      Concrete Hot Mix
                                      Plants.
    391-3-1-.02(2)(l)..............  Conical Burners..       1/17/1979  9/18/1979, 44 FR
                                                                         54047.
    391-3-1-.02(2)(n)..............  Fugitive Dust....       1/17/1979  9/18/1979, 44 FR
                                                                         54047.
    391-3-1-.02(2)(o)..............  Cupola Furnaces         1/27/1972  5/31/1972, 37 FR
                                      for                                10842.
                                      Metallurgical
                                      Melting.
    391-3-1-.02(2)(p)..............  Particulate            12/16/1975  8/20/1976, 41 FR
                                      Emissions from                     35184.
                                      Kaolin and
                                      Fuller's Earth
                                      Processes.
    391-3-1-.02(2)(q)..............  Particulate             1/27/1972  5/31/1972, 37 FR
                                      Emissions from                     10842.
                                      Cotton Gins.
    391-3-1-.02(2)(r)..............  Particulate             1/27/1972  5/31/1972, 37 FR
                                      Emissions from                     10842.
                                      Granular and
                                      Mixed Fertilizer
                                      Manufacturing
                                      Units.
    391-3-1-.02(2)(t)..............  VOC Emissions            3/7/2012  9/28/2012, 77 FR
                                      from Automobile                    59554.
                                      and Light Duty
                                      Truck
                                      Manufacturing.
    391-3-1-.02(2)(u)..............  VOC Emissions           9/16/1992  9/28/2012, 77 FR
                                      from Can Coating.                  59554.
    391-3-1-.02(2)(v)..............  VOC Emissions           9/16/1992  9/28/2012, 77 FR
                                      from Coil                          59554.
                                      Coating..
    391-3-1-.02(2)(w)..............  VOC Emissions            3/7/2012  9/28/2012, 77 FR
                                      from Paper                         59554.
                                      Coating.
    391-3-1-.02(2)(x)..............  VOC Emissions           9/16/1992  9/28/2012, 77 FR
                                      from Fabric and                    59554.
                                      Vinyl Coating.
    391-3-1-.02(2)(y)..............  VOC Emissions            3/7/2012  9/28/2012, 77 FR
                                      from Metal                         59554.
                                      Furniture
                                      Coating.
    391-3-1-.02(2)(z)..............  VOC Emissions            3/7/2012  9/28/2012, 77 FR
                                      from Large                         59554.
                                      Appliance
                                      Surface Coating..
    391-3-1-.02(2)(aa).............  VOC Emissions           9/16/1992  9/28/2012, 77 FR
                                      from Wire                          59554.
                                      Coating.
    391-3-1-.02(2)(bb).............  Petroleum Liquid         1/9/1991  10/13/1992, 57 FR
                                      Storage.                           46780.
    391-3-1-.02(2)(cc).............  Bulk Gasoline            1/9/1991  10/13/1992, 57 FR
                                      Terminals.                         46780.
    391-3-1-.02(2)(dd).............  Cutback Asphalt..       1/17/1979  9/18/1979, 44 FR
                                                                         54047.
    391-3-1-.02(2)(ee).............  Petroleum                1/9/1991  10/13/1992, 57 FR
                                      Refinery.                          46780.
    391-3-1-.02(2)(ff).............  Solvent Metal           5/29/1996  4/26/1999, 64 FR
                                      Cleaning.                          20186.
    391-3-1-.02(2)(gg).............  Kraft Pulp Mills.        6/3/1988  9/30/1988, 53 FR
                                                                         38290.
    391-3-1-.02(2)(hh).............  Petroleum               6/24/1994  2/2/1996, 61 FR
                                      Refinery                           3817.
                                      Equipment Leaks.
    391-3-1-.02(2)(ii).............  VOC Emissions            3/7/2012  9/28/2012, 77 FR
                                      from Surface                       59554.
                                      Coating of
                                      Miscellaneous
                                      Metal Parts and
                                      Products.
    391-3-1-.02(2)(jj).............  VOC Emissions            3/7/2012  9/28/2012, 77 FR
                                      from Surface                       59554.
                                      Coating of Flat
                                      Wood Paneling.
    391-3-1-.02(2)(kk).............  VOC Emissions          12/18/1980  11/24/1981, 46 FR
                                      from Synthesized                   57486.
                                      Pharmaceutical
                                      Manufacturing.

    391-3-1-.02(2)(ll).............  VOC Emissions          12/18/1980  11/24/1981, 46 FR
                                      from the                           57486.
                                      Manufacture of
                                      Pneumatic Rubber
                                      Tires.
    391-3-1-.02(2)(mm).............  VOC Emissions            3/7/2012  9/28/2012, 77 FR
                                      from Graphic                       59554.
                                      Arts Systems.
    391-3-1-.02(2)(nn).............  VOC Emissions          12/18/1980  11/24/1981, 46 FR
                                      from External                      57486.
                                      Floating Roof
                                      Tanks.
    391-3-1-.02(2)(oo).............  Fiberglass             12/18/1980  11/24/1981, 46 FR
                                      Insulation                         57486.
                                      Manufacturing
                                      Plants.
    391-3-1-.02(2)(pp).............  Bulk Gasoline            6/8/2008  9/28/2012, 77 FR
                                      Plants.                            59554.
    391-3-1-.02(2)(qq).............  VOC Emissions            4/3/1991  10/13/1992, 57 FR
                                      from Large                         46780.
                                      Petroleum Dry
                                      Cleaners.
    391-3-1-.02(2)(rr).............  Gasoline                 6/8/2008  9/28/2012, 77 FR
                                      Dispensing                         59554.
                                      Facilities--Stag
                                      e I.
    391-3-1-.02(2)(ss).............  Gasoline                 6/8/2008  9/28/2012, 77 FR
                                      Transport                          59554.
                                      Vehicles and
                                      Vapor Collection
                                      Systems.
    391-3-1-.02(2)(tt).............  VOC Emissions            6/8/2008  9/28/2012, 77 FR
                                      from Major                         59554.
                                      Sources.
    391-3-1-.02(2)(uu).............  Visibility             10/31/1985  1/28/1986, 51 FR
                                      Protection.                        3466.
    391-3-1-.02(2)(vv).............  Volatile Organic        4/12/2009  9/28/2012, 77 FR
                                      Liquid Handling                    59554.
                                      and Storage.
    391-3-1-.02(2)(yy).............  Emissions of            4/12/2009  9/28/2012, 77 FR
                                      Nitrogen Oxides                    59554.
                                      from Major
                                      Sources.
    391-3-1-.02(2)(ccc)............  VOC Emissions           4/12/2009  9/28/2012, 77 FR
                                      from Bulk Mixing                   59554.
                                      Tanks.
    391-3-1-.02(2)(ddd)............  VOC Emissions            3/7/2012  9/28/2012, 77 FR
                                      from Offset                        59554.
                                      Lithography and
                                      Letterpress.
    391-3-1-.02(2)(eee)............  VOC Emissions           4/12/2009  9/28/2012, 77 FR
                                      from expanded                      59554.
                                      Polystyrene
                                      Products
                                      Manufacturing.
    391-3-1-.02(2)(fff)............  Particulate             6/15/1998  12/2/1999, 64 FR
                                      Matter Emissions                   67491.
                                      from Yarn
                                      Spinning
                                      Operations.
    391-3-1-.02(2)(hhh)............  Wood Furniture          4/12/2009  9/28/2012, 77 FR
                                      Finishing and                      59554.
                                      Cleaning
                                      Operations.
    391-3-1-.02(2)(jjj)............  NOX Emissions           3/12/2007  11/27/2009, 74 FR
                                      from Electric                      62249.
                                      Utility Steam
                                      Generating Units.
    391-3-1-.02(2)(kkk)............  VOC Emissions           4/12/2009  9/28/2012, 77 FR
                                      from Aerospace                     59554.
                                      Manufacturing
                                      and Rework
                                      Facilities.
    391-3-1-.02(2)(lll)............  NOX Emissions           4/12/2009  9/28/2012, 77 FR
                                      from Fuel-                         59554.
                                      burning
                                      Equipment.
    391-3-1-.02(2)(mmm)............  NOX Emissions            5/4/2014  9/1/2015, 80 FR
                                      from Stationary                    52627.
                                      Gas Turbines and
                                      Stationary
                                      Engines used to
                                      Generate
                                      Electricity.
    391-3-1-.02(2)(nnn)............  NOX Emissions           2/16/2000  7/10/2001, 66 FR
                                      from Large                         35906.
                                      Stationary Gas
                                      Turbines.
    391-3-1-.02(2)(ooo)............  Heavy-Duty Diesel      12/28/2001  7/11/2002, 67 FR
                                      Engine                             45909.
                                      Requirements.
    391-3-1-.02(2)(rrr)............  NOX Emissions           4/12/2009  9/28/2012, 77 FR
                                      from Small Fuel-                   59554.
                                      Burning
                                      Equipment.
    391-3-1-.02(2)(vvv)............  VOC Emissions            3/7/2012  9/28/2012, 77 FR
                                      from Coating                       59554.
                                      Miscellaneous
                                      Plastic Parts
                                      and Products.
    391-3-1-.02(2)(yyy)............  VOC Emissions            3/7/2012  9/28/2012, 77 FR
                                      from the use of                    59554.
                                      Miscellaneous
                                      Industrial
                                      Adhesives.
    391-3-1-.02(2)(zzz)............  VOC Emissions            3/7/2012  9/28/2012, 77 FR
                                      from Fiberglass                    59554.
                                      Boat
                                      Manufacturing.
    391-3-1-.02(2)(aaaa)...........  Industrial               3/7/2012  9/28/2012, 77 FR
                                      Cleaning                           59554.
                                      Solvents.
    391-3-1-.02(3).................  Sampling.........       6/15/1998  12/2/1999, 64 FR
                                                                         67491.
    391-3-1-.02(4).................  Ambient Air            10/14/2014  7/31/2015, 80 FR
                                      Standards.                         45609.
    391-3-1-.02(5).................  Open Burning.....       7/13/2006  2/9/2009, 75 FR
                                                                         6309.
    391-3-1-.02(6).................  Source Monitoring       3/12/2007  11/27/2009, 74 FR
                                                                         62249.

    391-3-1-.02(7).................  Prevention of            8/9/2012  4/9/2013, 78 FR    As of 4/9/13 EPA is
                                      Significant                        21065.             approving a revision
                                      Deterioration of                                      to 391-3-1-.02(7) to
                                      Air Quality                                           incorporate by
                                      (PSD).                                                reference the
                                                                                version of 40 CFR
                                                                                52.21 as of July 20,
                                                                                2011, with the
                                                                                exception of the
                                                                                PM2.5 SMC and SILs
                                                                                thresholds and
                                                                                provisions
                                                                                promulgated in the
                                                                                October 20, 2010
                                                                                PM2.5 PSD Increment-
                                                                                SILs-SMC Rule at 40
                                                                                CFR 52.21(i)(5) and
                                                                                (k)(2) respectively.
                                                                                On September 9, 2011
                                                                                Georgia's PSD Rule
                                                                                391-3-1-.02(7)
                                                                                incorporates by
                                                                                reference the
                                                                                regulations found at
                                                                                40 CFR 52.21 as of
                                                                                June 3, 2010, with
                                                                                changes. This EPA
                                                                                action is approving
                                                                                the incorporation by
                                                                                reference with the
                                                                                exception of the
                                                                                following
                                                                                provisions: (1) The
                                                                                provisions amended
                                                                                in the Ethanol Rule
                                                                                which exclude
                                                                                facilities that
                                                                                produce ethanol
                                                                                through a natural
                                                                                fermentation process
                                                                                from the definition
                                                                                of ``chemical
                                                                                process plants'' in
                                                                                the major NSR source
                                                                                permitting program
                                                                                found at 40 CFR
                                                                                52.21(b)(1)(i)(a)
                                                                                and (b)(1)(iii)(t);
                                                                                and (2) the
                                                                                administrative
                                                                                regulations amended
                                                                                in the Fugitive
                                                                                Emissions Rule.
                                                                                Additionally, this
                                                                                EPA action is not
                                                                                approving the
                                                                                ``automatic
                                                                                rescission clause''
                                                                                provision at 391-3-
                                                                                1.02(7)(a)2.(iv).
                                                                                This rule contains
                                                                                NOX as a precursor
                                                                                to ozone for PSD and
                                                                                NSR.
    391-3-1.02(11).................  Compliance              6/15/1998  12/2/1999, 64 FR
                                      Assurance                          67491.
                                      Monitoring.
    391-3-1-.02(12)................  Clean Air               7/25/2007  11/27/2009, 74 FR
                                      Interstate Rule                    62249.
                                      NOX Annual
                                      Trading Program.
    391-3-1-.02(13)................  Clean Air               2/28/2007  10/9/2007, 72 FR
                                      Interstate Rule                    57202.
                                      SO2 Annual
                                      Trading Program.
    391-3-1-.03....................  Permits..........        8/9/2012  4/9/2013, 78 FR    Changes specifically
                                                                         21065.             to (8)--Permit
                                                                                Requirements.
    391-3-1-.04....................  Air Pollution          11/20/1975  8/20/1976, 41 FR
                                      Episodes.                          35184.
    391-3-1-.07....................  Inspections and        11/20/1975  8/20/1976, 41 FR
                                      Investigations.                    35184.
    391-3-1-.08....................  Confidentiality        11/20/1975  8/20/1976, 41 FR
                                      of information.                    35184.
    391-3-1-.09....................  Enforcement......      11/22/1992  2/2/1996, 61 FR
                                                                         3819.
    391-3-1-.10....................  Continuance of         11/22/1992  2/2/1996, 61 FR
                                      Prior Rules.                       3819.
    391-3-1-.15....................  Georgia                 10/6/2010  6/15/2012, 77 FR
                                      Transportation                     35866..
                                      Conformity and
                                      Consultation
                                      Interagency Rule.
    391-3-20.......................  Enhanced               12/28/2008  4/17/2009, 74 FR
                                      Inspection and                     17783.
                                      Maintenance.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-18218 Filed 8-30-17; 8:45 am]
 BILLING CODE 6560-50-P


DRAFT Page 1 of 1 2/ 11/ 2005 U. S. EPA BOARD OF SCIENTIFIC COUNSELORS Human Health Subcommittee DRAFT MEETING AGENDA Thursday, February 24, 2005 12: 00 noon   2: 00 pm EST CONFERENCE CALL Participation by Teleconference Only 12: 00 12: 05 pm Welcome Dr. James Klaunig Chair, HH Subcommittee Dr. Jim Clark Vice Chair, HH Subcommittee 12: 05 12: 35 pm Orientation to EPA Dr. Larry Reiter ( EPA)  EPA/ ORD Organizational Structure Executive Lead  Strategic Planning: ORD's Research for HH Research Planning Process and the MYPs 12: 35 1: 30 pm EPA's HH Research Program Dr. Hugh Tilson ( EPA)  Overview of HH Research Program National Program Director for HH Research 1: 30 1: 45 pm Administrative Procedures Virginia Houk ( EPA)  Receipts, Time Sheets DFO, HH Subcommittee  Logistics for Face to Face Meeting 1: 45 1: 50 Identify Additional Needs/ Action Items Drs. James Klaunig and Jim Clark 1: 50 2: 00 pm Public Comment 2: 00 pm Adjourn


[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Notices]
[Pages 36332-36334]
[FR Doc No: 2022-12930]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-D-1470]

Technical Performance Assessment of Quantitative Imaging in
Radiological Device Premarket Submissions; Guidance for Industry and
Food and Drug Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a final guidance entitled ``Technical Performance
Assessment of Quantitative Imaging in Radiological Device Premarket
Submissions.'' FDA is issuing this guidance to provide recommendations
for manufacturers about the information that should be included in
premarket submissions for radiological devices that include
quantitative imaging functions. This guidance document is broadly
applicable to a variety of premarket submission types (i.e., premarket
approval applications (PMAs), humanitarian device exemption (HDE)
applications, premarket notification (510(k)) submissions,
investigational device exemption (IDE) applications, and De Novo
requests) for these devices and should be used in conjunction with
existing device- and submission-specific guidance documents.

DATES: The announcement of the guidance is published in the Federal
Register on June 16, 2022.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''

    Instructions: All submissions received must include the Docket No.
FDA-2019-D-1470 for ``Technical Performance Assessment of Quantitative
Imaging in Radiological Device Premarket Submissions.'' Received
comments will be placed in the docket and, except for those submitted
as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    An electronic copy of the guidance document is available for
download from the internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the guidance document entitled
``Technical Performance Assessment of Quantitative Imaging in
Radiological Device Premarket Submissions'' to the Office of Policy,
Center for Devices and Radiological Health, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5431, Silver
Spring, MD 20993-0002. Send one self-addressed adhesive label to assist
that office in processing your request.

FOR FURTHER INFORMATION CONTACT: Jana Delfino, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 62, Rm. 3116, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is issuing this guidance to provide recommendations for
manufacturers about the information that should be included in
premarket submissions for radiological devices that include
quantitative imaging functions. This guidance document is broadly
applicable to a variety of premarket submission types (i.e., PMAs, HDE
applications, 510(k) submissions, IDE applications, and De Novo
requests) for these devices and should be used in conjunction with
existing device- and submission-specific guidance documents.
    This guidance document clarifies that, in general, manufacturers
preparing premarket submissions for radiological devices that include
quantitative imaging functions should provide performance
specifications for the quantitative imaging functions, supporting
performance data to demonstrate that the quantitative imaging functions
meet those performance specifications, and sufficient information for
the end user to obtain, understand, and interpret the values provided
by the quantitative imaging functions.
    A notice of availability of the draft guidance appeared in the
Federal Register of April 19, 2019 (84 FR 16517). FDA considered
comments received and revised the guidance as appropriate in response
to the comments, including clarification in scope that the guidance is
intended to provide recommendations for radiological devices with
quantitative imaging functions, and other technical clarifications.
    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
current thinking of FDA on technical performance assessment of
quantitative imaging in radiological device premarket submissions. It
does not establish any rights for any person and is not binding on FDA
or the public. You can use an alternative approach if it satisfies the
requirements of the applicable statutes and regulations.

II. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by
downloading an electronic copy from the internet. A search capability
for all Center for Devices and Radiological Health guidance documents
is available at https://www.fda.gov/medical-devices/device-advice-comprehensive-regulatory-assistance/guidance-documents-medical-devices-and-radiation-emitting-products. This guidance document is also
available at https://www.regulations.gov or https://www.fda.gov/regulatory-information/search-fda-guidance-documents. Persons unable to
download an electronic copy of ``Technical Performance Assessment of
Quantitative Imaging in Radiological Device Premarket Submissions'' may
send an email request to [email protected] to receive an
electronic copy of the document. Please use the document number 18017
and complete title to identify the guidance you are requesting.

III. Paperwork Reduction Act of 1995

    While this guidance contains no new collection of information, it
does refer to previously approved FDA collections of information.
Therefore, clearance by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3521) is not
required for this guidance. The previously approved collections of
information are subject to review by OMB under the PRA. The collections
of information in the following FDA regulations and guidance have been
approved by OMB as listed in the following table:

------------------------------------------------------------------------
                                                            OMB control
      21 CFR part or guidance               Topic               No.
------------------------------------------------------------------------
807, subpart E....................  Premarket                  0910-0120
                                     notification.

814, subparts A through E.........  Premarket approval..       0910-0231
814, subpart H....................  Humanitarian Device        0910-0332
                                     Exemption.
812...............................  Investigational            0910-0078
                                     Device Exemption.
``De Novo Classification Process    De Novo                    0910-0844
 (Evaluation of Automatic Class      classification
 III Designation)''.                 process.
``Requests for Feedback and         Q-submissions; pre-        0910-0756
 Meetings for Medical Device         submissions.
 Submissions: The Q-Submission
 Program and Meetings with Food
 and Drug Administration Staff''.
800, 801, and 809.................  Medical Device             0910-0485
                                     Labeling
                                     Regulations.
------------------------------------------------------------------------

    Dated: June 9, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-12930 Filed 6-15-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Notices]
[Pages 63177-63179]
[FR Doc No: 2013-24756]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER05-1056-007]

 Order on Voluntary Remand and Clarifying Policy on Filing of
Reactive Power Service Rate Schedules; Chehalis Power Generating, L.P.

Before Commissioners: Jon Wellinghoff, Chairman; Philip D. Moeller,
John R. Norris, Cheryl A. LaFleur, and Tony Clark.

    1. This case is before the Commission on voluntary remand from the
United States Court of Appeals for the District of Columbia Circuit
(D.C. Circuit). Below, the Commission continues to affirm its finding
that the rate schedule Chehalis Power Generating L.P. \1\ (Chehalis)
proposed for supplying Reactive Supply and Voltage Control from
Generation Sources Service (reactive power) to the Bonneville Power
Administration (Bonneville or BPA) is a changed rate subject to the
suspension and refund provisions of section 205(e) of the Federal Power
Act (FPA).\2\ However, the Commission clarifies its policy related to
jurisdictional reactive power rate schedules for which there is no
compensation, requiring that such rate schedules containing the rates,
terms, and conditions for reactive power service be filed with the
Commission on a prospective basis. This policy will ensure that
ratepayers are protected from, inter alia, excessive rates, as the
Commission will have the ability to suspend and refund any changed
rates upon filing.
---------------------------------------------------------------------------

    \1\ On October 20, 2010, TNA Merchant Projects, Inc. (TNA) filed
a motion with the Commission to substitute itself for Chehalis. In
appeal proceeding No. 08-1201, the D.C. Circuit granted a similar
motion and substituted TNA as petitioner in place of Chehalis
because TNA owned all the equity interests in Chehalis at the time
Chehalis filed its petition for review, and while TNA sold the
equity interests, it nevertheless retained the rights to the claims
made in this proceeding. For consistency with the Commission's
earlier orders and the parties' pleadings, the D.C. Circuit
continued to refer to the petitioner as ``Chehalis.'' TNA Merchant
Projects v. FERC, 616 F.3d 588, 589 n.1 (D.C. Cir. 2010) (TNA
Merchants Projects). We will also refer to the petitioner, TNA, as
``Chehalis.''
    \2\ 16 U.S.C. 824d(e) (2006).
---------------------------------------------------------------------------

I. Background

    2. On May 31, 2005, Chehalis submitted a proposed rate schedule to
the Commission setting forth proposed rates for Chehalis's provision of
reactive power to Bonneville. Chehalis denominated the rate as
``initial'' stating that ``[t]he reactive power service that is the
subject of the submitted rates is a new service offered by Chehalis in
that it has never sought to charge for this service before.'' \3\
---------------------------------------------------------------------------

    \3\ Chehalis May 31, 2005 Filing Letter at 6.
---------------------------------------------------------------------------

    3. On July 27, 2005, the Commission accepted Chehalis's reactive
power rate schedule, suspended it for a nominal period, made it
effective subject to refund, and established hearing and settlement
judge procedures.\4\ In that order, the Commission found that the
reactive power rate schedule was not an initial rate, because ``[a]n
initial rate must involve a new customer and a new service.'' \5\ The
Commission stated that ``Chehalis has been providing reactive power to
BPA pursuant to an interconnection agreement, albeit without charge.
Thus, the proposed rates for reactive power in the instant proceeding
are not initial rates, but are changed rates.'' \6\
---------------------------------------------------------------------------

    \4\ Chehalis Power Generating, L.P., 112 FERC ] 61,144, at PP 1,
21 (2005).
    \5\ Id. P 23.
    \6\ Id.
---------------------------------------------------------------------------

    4. On December 15, 2005, the Commission denied Chehalis's rehearing
request. The Commission explained that its well-settled precedent
established that an initial rate is a rate for a new service to a new
customer.\7\ Finding that Chehalis had already been providing reactive
power to Bonneville, the Commission denied rehearing and explained that
Chehalis was not providing a new service to a new customer.\8\
---------------------------------------------------------------------------

    \7\ Chehalis Power Generating, L.P., 113 FERC ] 61,259, at P 11
(2005); accord id. PP 13-15.
    \8\ Id. PP 11-12.

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

    5. On May 23, 2008, Chehalis petitioned the D.C. Circuit for
review.\9\ On August 10, 2010, the D.C. Circuit remanded the case to
the Commission on a single issue: whether or not the rate for reactive
power should have been filed with the Commission. In its remand order,
the D.C. Circuit observed that, while Chehalis had advanced ``a host''
of grounds for reversing the Commission's orders, and while the
Commission had provided responsive arguments, the court would address
only one of Chehalis's arguments, one that the court stated that the
Commission ``entirely failed to address.'' \10\ That argument is that
``the only rates that are subject to Sec.  205(e)'s suspension and
refund provisions are those that change a rate already on file with
FERC.'' \11\
---------------------------------------------------------------------------

    \9\ In the meantime, the Commission, having ordered settlement
and hearing procedures on the proper rate for the reactive power,
determined a just and reasonable rate and ordered Chehalis to make
refunds to Bonneville. Order on Initial Decision, 123 FERC ] 61,038,
at P 13 (2008).
    \10\ TNA Merchant Projects, 616 F.3d at 591-92.
    \11\ Id. at 592 (emphasis supplied).
---------------------------------------------------------------------------

    6. The D.C. Circuit summarized Chehalis's ``on file with'' argument
as follows: before May 31, 2005, Chehalis had not filed a rate
schedule--pursuant to FPA section 205(c)--for the reactive power it
provided to Bonneville. Because Chehalis had not previously filed a
rate schedule for the reactive power it provided to Bonneville,
Chehalis stated that there could be no change in rates under the FPA.
And because FPA section 205(e) limits the Commission's power to suspend
rates and order refunds to changed rates, the Commission therefore
could not suspend and order refunds here.\12\ The court remanded the
case to the Commission to consider this argument.\13\
---------------------------------------------------------------------------

    \12\ Id. The D.C. Circuit correctly observed that neither
Bonneville nor Chehalis disputes that Chehalis did not file a rate
schedule for reactive power service before May 31, 2005. Id.
    \13\ Id. at 593.
---------------------------------------------------------------------------

    7. In its order on remand, the Commission found that the rate for
reactive power that Chehalis provided to Bonneville should have been
filed, thus making Chehalis's filing a changed rate, subject to the
suspension and refund provisions of section 205(e) of the FPA.\14\ The
Commission noted that, in any event, whether or not a pre-existing rate
had, in fact, been filed with the Commission was not part of the
Commission's longstanding test for the determination of what
constitutes a changed versus an initial rate.\15\ The Commission's well
settled precedent was that an initial rate was one that involved both a
new service and a new customer.\16\ Because the record in the case
showed that Chehalis had been providing reactive power service to
Bonneville since 2003, the proposed rate schedule for the provision of
reactive power filed on May 31, 2005 did not propose a rate for a new
service and a new customer.\17\
---------------------------------------------------------------------------

    \14\ Chehalis Power Generating, L.P., 134 FERC ] 61,112, at PP
19-21 (2011) (Remand Order).
    \15\ Id. P 4.
    \16\ Id. P 21.
    \17\ Id.
---------------------------------------------------------------------------

    8. The Commission denied rehearing of its Remand Order, stating
that section 205 of the FPA required that rates, terms, and conditions
of jurisdictional services must be filed with the Commission, and
because reactive power is a jurisdictional service, Chehalis should
have filed its rate schedule for reactive power. Accordingly, the
Commission found it was fair to treat Chehalis's proposed rate schedule
at issue as a changed rate.\18\ The Commission also rejected Chehalis's
contention that the Commission's action was contrary to its precedent
``cancelling and rejecting generators' rate schedules when there is no
longer any compensation associated with the obligation to follow a
voltage schedule.'' \19\ The Commission distinguished Hot Spring Power
Co., L.P.\20\ and other similar cases cited by Chehalis on the ground
that, while the purchasing utilities involved were not obligated to pay
the generators for within-the-deadband reactive power, the generators
in those cases all had, in fact, filed rates.\21\
---------------------------------------------------------------------------

    \18\ Chehalis Power Generating, L.P., 141 FERC ] 61,116, at P 17
(2012) (Rehearing Order).
    \19\ Id. P 20.
    \20\ 113 FERC ] 61,080 (2010).
    \21\ Rehearing Order, 141 FERC ] 61,116 at P 20.
---------------------------------------------------------------------------

    9. On appeal of the Remand Order and Rehearing Order, Chehalis
contends that the Commission erred by determining: (1) That the
interconnection agreement between Chehalis and BPA was required to be
filed prior to May 2005, even though it did not contain rates for
reactive power service and Chehalis was not proposing to collect
charges for such service prior to that date, and (2) that the proposed
rate schedule for supply of reactive power service filed by Chehalis in
May 2005 was a change in rates that could be suspended and made subject
to refund under section 205(e) of the FPA. Chehalis specifically argued
that, in prior Commission orders, when the generators cancelled their
existing reactive power rate schedules, the Commission accepted those
cancellations without suggesting that a replacement rate schedule must
be filed for the supply of reactive power without compensation.\22\
---------------------------------------------------------------------------

    \22\ Brief of Petitioner, TNA Merchant Projects, Inc. v. FERC,
No. 13-1008, at 28-29 (D.C. Cir. Apr. 15, 2013).
---------------------------------------------------------------------------

    10. Upon consideration of Chehalis's brief filed with the court,
the Commission moved for a voluntary remand to more fully consider
Chehalis's arguments. On June 18, 2013, the court granted the
Commission's motion.

II. Commission Determination

    11. The Commission finds that further explanation is required in
this proceeding. Section 205 requires that rates, terms, and conditions
for jurisdictional services must be filed with the Commission; the
statute does not make such a filing optional, or otherwise grant
discretion to utilities to decide whether or when they must file their
rates, terms, and conditions.\23\ If the provision of reactive power is
a jurisdictional service,\24\ and no one in this proceeding denies that
it is, then the utility providing this service has an obligation to
file a rate schedule governing the provision of this service.
Accordingly, we reaffirm our finding that Chehalis should have earlier
filed a rate schedule for its provision of reactive power service,
making its later filing on May 31, 2005, a changed rate.
---------------------------------------------------------------------------

    \23\ 16 U.S.C. 824d(c) (2006).
    \24\ See Promoting Wholesale Competition Through Open Access
Non-Discriminatory Transmission Services by Public Utilities;
Recovery of Stranded Costs by Public Utilities and Transmitting
Utilities, Order No. 888, FERC Stats. & Regs. ] 31,036, at 31,703
(1996), order on reh'g, Order No. 888-A, FERC Stats. & Regs. ]
31,048, order on reh'g, Order No. 888-B, 81 FERC ] 61,248 (1997),
order on reh'g, Order No. 888-C, 82 FERC ] 61,046 (1998), aff'd in
relevant part sub nom. Transmission Access Policy Study Group v.
FERC, 225 F.3d 667 (D.C. Cir. 2000), aff'd sub nom. New York v.
FERC, 535 U.S. 1 (2002). Indeed, if it were not a jurisdictional
service, then Chehalis should not have filed its proposed rate
schedule and proposed reactive power rate in the first place, and
the Commission should not have accepted it and should not have
authorized Chehalis to charge the rate. Rather, Chehalis has
recognized that this service is a jurisdictional service, which
warrants a filing, as evidenced by the fact of Chehalis's filing.
---------------------------------------------------------------------------

    12. However, the Commission also recognizes that it has previously
accepted notices of cancellation of reactive power rate schedules where
compensation was no longer involved. In order to clarify the
Commission's policy related to reactive power service provided without
compensation, the Commission finds that, on a prospective basis, for
any jurisdictional reactive power service (including within-the-
deadband reactive power service) provided by both existing and new
generators, the rates, terms, and

conditions for such service must be pursuant to a rate schedule on file
with the Commission,\25\ even though the rate schedule would provide no
compensation for such service.\26\ The Commission directs staff to
conduct a workshop, in a generic proceeding, to explore the mechanics
of public utilities filing reactive power rate schedules for which
there is no compensation.
---------------------------------------------------------------------------

    \25\ We note that our pro forma large generator interconnection
agreement, in section 9.6, governs the provision of reactive power
by an interconnection customer, i.e., by a generator, including the
instance where an interconnection customer, i.e., a generator, may
charge for reactive power outside the deadband. Absent payment to
the transmission provider's own or affiliated generators, our
longstanding policy has been that a transmission provider does not
have to separately pay an interconnection customer, i.e., a
generator, for reactive power within the deadband.
    \26\ 16 U.S.C. 824d(c) (2006) (requiring that ``every public
utility shall file with the Commission . . . schedules showing all
rates and charges for any transmission or sale subject to the
jurisdiction of the Commission, and the classification, practices,
and regulations affecting such rates and charges, together with all
contracts which in any manner affect or relate to such rates,
charges, classifications, and services''); Prior Notice and Filing
Requirements under Part II of the Federal Power Act, 64 FERC ]
61,139, at 61,987, order on reh'g, 65 FERC ] 61,081 (1993) (stating
that the Commission has considerable flexibility in determining what
rates and practices are ``for or in connection with,''
``affecting,'' ``pertaining'' or ``relat[ing] to'' jurisdictional
service and, accordingly, must be filed for Commission review);
Sulphur Springs Valley Elec. Coop., 107 FERC ] 61,284, at P 7 (2004)
(finding that the public utility was obligated to file two
agreements for jurisdictional services even though there were no
specified charges or revenues associated with the agreements).
---------------------------------------------------------------------------

    13. This policy is consistent with the Commission's precedent
distinguishing between a changed rate and an initial rate.\27\ In
Southwestern Electric Power Co., the Commission defined an initial rate
as one that provides for a new service to a new customer.\28\ The
Commission explained: ``We believe that our broadened definition of a
change in rate is consistent with and serves to further the policies
which underlie the FPA. The primary purpose of the legislation is the
protection of customers from excessive rates and charges.'' \29\ The
Commission emphasized that this definition of a changed rate allowed
the Commission to give customers refund protection and, therefore,
shield them from the ability of utilities to exploit any sort of
regulatory lag by filing unjust and unreasonable rates.\30\ Stressing
this policy of protecting customers, the Commission stated: ``Taking a
broad view as to what constitutes a change in rate clearly serves, by
making filings subject to the Commission's suspension and refund
authority under section 205(e) of the FPA, to protect customers of
electricity from excessive or exploitative rates.'' \31\
---------------------------------------------------------------------------

    \27\ See, e.g., WPS Canada Generation, Inc., 103 FERC ] 61,193,
at P 15 (2003) (finding that a particular facility had been
providing reactive power service to Maine Public for years, although
under different ownership, and, therefore, the proposed rates were
changed rates rather than initial rates); Calpine Oneta Power, L.P.,
103 FERC ] 61,338, at P 11 (2003) (finding that the Oneta Project
had been supplying reactive power to Public Service Company of
Oklahoma, although without charge); Public Service Co. of Colorado,
74 FERC ] 61,354, at 62,087 & n.2 (1996) (finding that a power
supply agreement with Glenwood Springs adds a new customer to an
existing service and, therefore, constitutes a changed rate);
Northern States Power Co., 74 FERC ] 61,106, at 61,345 (1996)
(finding that Northern States's filing was a changed rate because it
unbundled its requirements rates to provide for separately-stated
charges for various types of transmission); Gulf States Utilities
Co., 45 FERC ] 61,246, at 61,725 (1988) (finding that a rate
schedule for transmission service was a changed rate because Gulf
States was already providing service to Lafayette and Plaquemine and
the present filing merely provided for a different service to
existing customers); Florida Power & Light Co. v. FERC, 617 F.2d
809, 813-17 (D.C. Cir. 1980) (finding that the Commission had a
reasonable basis for changing its policy so as to treat transmission
agreement schedules as changed rates subject to the Commission's
suspension and refund powers, in light of previously existing
interchange agreements, rather than initial rates not subject to
such powers).
    \28\ 39 FERC ] 61,099, at 61,293 (1987) (Southwestern).
    \29\ Id. (citing Town of Alexandria v. FPC, 555 F.2d 1020, 1028
(D.C. Cir. 1977); Municipal Light Boards v. FPC, 450 F.2d 1341, 1348
(D.C. Cir. 1971); Atlantic Refining Co. v. Public Service Commission
of New York, 360 U.S. 378, 388 (1959); FPC v. Hope Natural Gas Co.,
320 U.S. 591, 610 (1944)).
    \30\ The Commission recognizes that section 206 of the FPA has
been modified since the issuance of Southwestern. While the new
section 206 has eliminated some of the differences underlying the
finding in Southwestern, a fundamental difference still exists
between the refund protection provided under section 205 of the FPA
(suspension and refund protection for the entire period the filed
rate is collected prior to issuance of a final Commission order) and
section 206 (refund protection limited to a 15-month period). Thus,
the Commission reaffirms its definitions of initial and changed
rates in order to carry out the primary purpose of the statute,
i.e., to protect customers from excessive rates and charges. See,
e.g., Southwestern, 39 FERC ] 61,099.
    \31\ Id.
---------------------------------------------------------------------------

    14. As we explain below, because our policy is being clarified and
we are prospectively providing for the filing of rates, terms and
conditions for the provision of reactive power service (even within-
the-deadband reactive power service) for which there is no
compensation, we find that it would be appropriate for Chehalis to
recover the amounts it previously refunded to BPA, with interest
calculated in accordance with 18 CFR 35.19a (2013).\32\ The DC Circuit
has recognized the Commission's authority to order recoupment of funds
previously paid if the Commission provides adequate explanation.\33\ In
the instant case, we find the recoupment of funds would be
appropriate.\34\ The Commission is clarifying its policy and, as
explained above, finding that, with regard to jurisdictional reactive
power service (even within-the-deadband reactive power service) for
which there is no compensation, on a prospective basis rate schedules
governing the rates, terms, and conditions for such service must be on
file with the Commission.\35\ Therefore, given that we are applying
this policy on a prospective basis, we find that it would be
appropriate for Chehalis to recover the amounts previously refunded to
BPA, with interest.
---------------------------------------------------------------------------

    \32\ Niagara Mohawk Power Corp. v. FPC, 379 F.2d 153, 159 (D.C.
Cir. 1967) (breadth of Commission discretion is at its zenith when
fashioning remedies).
    \33\ Black Oak Energy, LLC v. FERC, 725 F.3d 230 (D.C. Cir.
2013).
    \34\ Cf. Transmission Agency of Northern California v. FERC, 495
F.3d 663 (2007).
    \35\ The Commission also clarifies that it does not intend to
exercise its authority to impose enforcement sanctions for a
jurisdictional entity's failure, prior to this order, to have a rate
schedule on file for the provision of reactive power service without
compensation. However, jurisdictional entities are reminded that
they must submit filings on a timely basis in the future or face
possible sanctions by the Commission.
---------------------------------------------------------------------------

    The Commission orders:
    The Secretary is hereby directed to promptly publish a copy of this
order in the Federal Register.

    By the Commission.

    Issued October 17, 2013.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-24756 Filed 10-22-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Rules and Regulations]
[Pages 24814-24815]
[FR Doc No: 2015-10217]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0292]

Drawbridge Operation Regulation; Annisquam River and Blynman
Canal, Gloucester, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the operation of the Blynman (SR 127)
Bridge across the Annisquam River and Blynman Canal, mile 0.0, at
Gloucester, Massachusetts. This deviation is necessary to facilitate
public safety during a public event, the annual Saint Peter's Fiesta 5K
Road Race. This deviation allows the bridge to remain closed for thirty
minutes to facilitate public safety.

DATES: This deviation is effective from 6:15 p.m. to 6:45 p.m. on June
25, 2015.

ADDRESSES: The docket for this deviation, [USCG-2015-0292] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140, on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC, 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, contact Ms. Judy K. Leung-Yee, Project Officer,
First Coast Guard District, telephone<PHONE_NUMBER>,

<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Cheryl Collins, Program Manager, Docket Operations, telephone
(202) 366-9826.

SUPPLEMENTARY INFORMATION: The Blynman (SR 127) Bridge across the
Annisquam River and Blynman Canal, mile 0.0, at Gloucester,
Massachusetts, has a vertical clearance in the closed position of 8.2
feet at mean high water and 16 feet at mean low water. The existing
bridge operating regulations are found at 33 CFR 117.586.
    The owner of the bridge, Massachusetts Department of
Transportation, requested a temporary deviation from the normal
operating schedule to facilitate a public event, the Annual Saint
Peter's Fiesta 5K Road Race.
    Under this temporary deviation, the Blynman (SR 127) Bridge may
remain in the closed position for thirty minutes between 6:15 p.m. and
6:45 p.m. on Thursday June 25, 2015.
    The waterways are transited by commercial and seasonal recreational
vessels of various sizes. There is an alternate route for vessel
traffic around Cape Ann. Also, vessels that can pass under the closed
draws during this closure may do so at all times.
    The Coast Guard will inform the users of the waterways through our
Local and Broadcast Notice to Mariners of the change in operating
schedule for the bridge so that vessels can arrange their transits to
minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: April 21, 2015.
C.J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2015-10217 Filed 4-30-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Rules and Regulations]
[Pages 43432-43433]
[FR Doc No: 2020-15363]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0362; Airspace Docket No. 20-AGL-19]
RIN 2120-AA66

Amendment of Class E Airspace; Baudette, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class E airspace extending upward from
700 feet above the surface at Baudette International Airport, Baudette,
MN. This action is the result of an airspace review caused by the
decommissioning of the Baudette VHF omnidirectional range (VOR)
navigation aid as part of the VOR Minimum Operational Network (MON)
Program. The geographic coordinates of the airport are also being
updated to coincide with the FAA's aeronautical database.

DATES: Effective 0901 UTC, November 5, 2020. 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 7400.11D, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://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 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; 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 the Class E airspace extending upward from 700 feet above the
surface at Baudette International Airport, Baudette, MN, to support
instrument flight rule operations at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (85 FR 27337; May 8, 2020) for Docket No. FAA-2020-0362 to
amend the Class E airspace extending upward from 700 feet above the
surface at Baudette International Airport, Baudette, MN. 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 E airspace designations are published in paragraph 6005 of
FAA Order 7400.11D, dated August 8, 2019, and effective September 15,
2019, which is incorporated by reference in 14 CFR 71.1. The Class 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 7400.11D, Airspace Designations and
Reporting Points, dated August 8, 2019, and effective September 15,
2019. FAA Order 7400.11D is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11D lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 amends the Class E airspace extending upward from 700 feet
above the surface within a 6.6-mile (decreased from a 7.4-mile) radius
of Baudette International Airport, Baudette, MN; and updates the
geographic coordinates of the airport to coincide with the FAA's
aeronautical database.
    This action is the result of an airspace review caused by the
decommissioning of the Baudette VOR, which provided navigation
information for the instrument procedures this airport, as part of the
VOR MON Program.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is 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 5-6.5.a. 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 FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

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

* * * * *

AGL MN E5 Baudette, MN [Amended]

Baudette International Airport, MN
    (Lat. 48[deg]43'49'' N, long. 94[deg]36'40'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of the Baudette International Airport,
excluding that airspace outside of the United States.

    Issued in Fort Worth, Texas, on July 13, 2020.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2020-15363 Filed 7-16-20; 8:45 am]
BILLING CODE 4910-13-P