[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Proposed Rules]
[Pages 57014-57017]
[FR Doc No: 2023-17944]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2022-0907; FRL-11174-01-R6]

Air Plan Approval; Arkansas; Revisions to Rule 19 of the Arkansas
Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve portions
of the revisions to the Arkansas State Implementation Plan (SIP)
including revisions to the Arkansas Pollution Control and Ecology
Commission's (``Commission'' or APC&EC) Rule No. 19, Rules of the
Arkansas Plan of Implementation for Air Pollution Control submitted by
the Arkansas Department of Energy and Environment, Division of
Environmental Quality (DEQ) via the Arkansas Governor's Office on June
22, 2022. Most of the revisions are administrative in nature and make
the SIP current with Federal rules.

DATES: Written comments must be received on or before September 21,
2023.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2022-0907, at https://www.regulations.gov or via email to
[email protected]. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. 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 Clovis Steib, 214-665-
7566, [email protected]. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov. While all documents in the
docket are listed in the index, some information may not be publicly
available due to docket file size restrictions or content (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Clovis Steib, EPA Region 6 Office,
Infrastructure and Ozone Section, Air and Radiation Division, 214-665-
7566, [email protected]. We encourage the public to submit comments
via https://www.regulations.gov. Please call or email the contact
listed above if you need alternative access to material indexed but not
provided in the docket.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    The SIP is a set of air pollution regulations, control strategies,
and technical analyses developed by the state to implement, maintain,
and enforce the National Ambient Air Quality Standards, or NAAQS, and
to fulfill other requirements of the Clean Air Act. The NAAQS are
established under section 109 of the Act, and they currently address
six criteria pollutants: carbon monoxide, lead, nitrogen dioxide,
ozone, particulate matter, and sulfur dioxide. The SIP is required by
Section 110 of the Act and can be extensive, containing state
regulations or other enforceable documents and supporting information
such as emission inventories, monitoring networks, and modeling
demonstrations.
    The Arkansas SIP is the air quality protection strategy implemented
by the Department of Energy and Environment's Division of Environmental
Quality (DEQ) pursuant to the CAA. The SIP consists of laws and rules,
nonregulatory and quasi-regulatory measures, and other state
enforceable requirements codified at 40 CFR 52 subpart E. The Arkansas
SIP is federally enforceable. The Arkansas SIP was first approved by
the EPA in 1972 (37 FR 10841). All revisions to the SIP require EPA
approval.
    On June 22, 2022, Arkansas submitted to the EPA revisions to the
Arkansas SIP.\1\ The submitted revisions address APC&EC Regulation 19,
Rules of the Arkansas Plan of Implementation for Air Pollution Control,
with corresponding chapters and appendices. The revisions restructure
the regulations and organize them as rules, such that Regulation 19
becomes Rule 19, Rules of the Arkansas Plan of Implementation for Air
Pollution Control, with corresponding chapters and appendices. The
revisions also remove certain outdated provisions and update other
provisions that are incorporated into Regulation 19. Specific
provisions to be repealed are those in Chapter 10 of APC&EC Regulation
19 regarding the control of volatile organic compounds (VOC) from
certain source categories in Pulaski County, provisions for the Clean
Air Interstate Rule (CAIR) in Chapter 14, and informational provisions
regarding sources eligible or subject to best available retrofit
technology (BART) requirements for Regional Haze in Chapter 15.
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    \1\ The cover letter on the submitted revisions is dated May 12,
2022, but the submittal package was not submitted to EPA until June
22, 2022.
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    Additionally, the submitted revisions address regulatory provisions
in Chapters 1, 2, 3, 4, 5, 6, 7, 9, 11, 13, 16, 18, and Appendices A
and B of Regulation 19.\2\ These changes reflect the current
organizational structure of ADEQ, remove outdated information, and make
non-substantive formatting edits.
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    \2\ See accompanying Technical Support Document (TSD) available
in the docket for this rulemaking.

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    The submitted revisions to Chapter 10 also address an EPA-
identified deficiency within the Arkansas SIP related to the 2015
Startup, Shutdown, and Malfunction (SSM) SIP Call for Regulation.
19.1004(H).\3\ The EPA plans to address this matter in a separate
Federal Register action.
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    \3\ See ``State Implementation Plans: Response to Petition for
Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to
SIPs; Findings of Substantial Inadequacy; and SIP Calls To Amend
Provisions Applying to Excess Emissions During Periods of Startup,
Shutdown and Malfunction,'' (80 FR 33839, June 12, 2015).
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II. The EPA's Evaluation

A. Regulation 19, Chapter 10--Control of VOCs in Pulaski County

    These rules address Pulaski County because in March 1978, the EPA
designated Pulaski County, Arkansas, as a nonattainment area for ozone
(43 FR 8969, March 3, 1978). Pulaski County subsequently met the ozone
NAAQS and in September 1984, the EPA approved the State's request to
redesignate Pulaski County to attainment (49 FR 37753, September 26,
1984). Since redesignation, Pulaski County has maintained compliance
with all the ozone NAAQS. In this action, we are proposing to approve
revisions to Regulation 19.1001 and 19.1002 which are non-substantive.
We are also proposing to approve the submitted revisions to 19.1003
through 19.1006. Although the submitted revisions to 19.1003 through
19.1006 are substantive in nature, they are superseded by more
stringent federal requirements. VOC emissions are not expected to
increase because existing and new sources subject to Chapter 10 in
Pulaski County are subject to the more stringent federal requirements
for New Source Performance Standards (NSPS) and National Emission
Standards for Hazardous Air Pollutants (NESHAP). The EPA's analysis of
the submitted revisions, and confirmation that VOC emissions will not
increase, is included in the TSD for this action. As a result,
consistent with CAA section 110(l), we do not expect these revisions to
interfere with any applicable requirement concerning attainment and
reasonable further progress or any other applicable requirement of the
Act.

B. Regulation 19, Chapter 14--CAIR Requirements

    Provisions for the CAIR NOX Ozone Season Trading Program
were approved into the Arkansas SIP on September 26, 2007 (72 FR
54556).\4\ On July 11, 2008, the U.S. Court of Appeals for the District
of Columbia vacated and remanded the CAIR program to the EPA. The
submitted revisions include the repeal of the Regulation 19, Chapter 14
CAIR provisions consistent with the court's decision. This revision is
approvable because there are no federal requirements for the Arkansas
SIP or sources in Arkansas to continue complying with the CAIR
NOX Ozone Season Trading Program or the provisions in Rule,
Chapter 14.
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    \4\ Oxides of Nitrogen (NOX) and VOC are precursors
to ozone formation.
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C. Regulation 19, Chapter 15--Best Available Retrofit Technology

    Arkansas Regulation 19, Chapter 15 was approved by the EPA into the
SIP on March 12, 2012,\5\ except for certain portions of Regulation
19.1504 and 19.1505. The submitted revisions address Regulation
19.1501, 19.1502, 19.1503, 19.1504, 19.1505, 19.1506, and 19.1507. We
are proposing to approve these revisions because they fall into one or
more of the following categories: (1) the revisions are non-substantive
and/or are formatting edits; (2) the revisions improve the readability
of the provision; (3) the revisions repeal provisions that do not
contain enforceable requirements and as a result are not required to be
part of the SIP; or (4) the revisions repeal provisions that are not in
the approved SIP. The revisions to Chapter 15 do not repeal or relax
any existing control requirements in the SIP and therefore the EPA does
not anticipate any emission increases associated with the revisions to
Chapter 15. Consistent with CAA section 110(l), we do not expect these
revisions to interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the Act. We provide our analysis of the submitted
revisions to Chapter 15 in the paragraphs that follow.
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    \5\ See 77 FR 14603 (March 12, 2012).
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Regulation 19.1501 ``Purpose''
    Regulation 19.1501 states the purpose of Regulation 19, Chapter 15,
but does not contain enforceable requirements. The submitted revisions
to Regulation 19.1501 provide a more precise description of the purpose
of Chapter 15. Therefore, we are proposing to approve these submitted
revisions to Regulation 19.1501.
Regulation 19.1502 ``Definitions''
    The submitted revisions to Regulation 19.1502 are non-substantive
formatting edits. We are proposing to approve the submitted revisions
to Regulation 19.1502.
Regulation 19.1503 ``BART Eligible Sources''
    Arkansas Regulation 19.1503 identifies the BART-eligible sources
within the State. The submitted revision to Regulation 19.1503 repeals
the provision in its entirety and places the subsection in reserve.
Arkansas explained in Appendix A of the submitted revisions that
Regulation 19.1503 consists of an informational table that does not
contain enforceable requirements and is not necessary to identify the
sources subject to the requirements of Chapter 15 that are in the SIP,
as identified in Rule 19.1505.\6\ Furthermore, the informational table
in Rule 19.1503 is also contained in the SIP submittal narrative for
the Arkansas Regional Haze Planning Period 1, Phase II SIP revision,
which the EPA previously approved.\7\ The repeal of Regulation 19.1503
does not change the State's determination of BART-eligible sources in
Arkansas. Thus, we are proposing to approve the submitted revision to
Regulation 19.1503.
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    \6\ See ``Appendix A: Technical Support Document, Changes to the
Rules of the State Implementation Plan,'' pages 5-6. Appendix A is
part of the submitted revisions and is found in the docket for this
proposed rulemaking.
    \7\ See 84 FR 51033 (September 27, 2019).
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Regulation 19.1504 ``Facilities Subject to BART''
    Regulation 19.1504 consists of Regulation 19.1504(A), (B), and (C).
The submitted revisions to Regulation 19.1504 repeal and move
provisions and place the subsection in reserve. The submitted revisions
repeal Regulation 19.1504(A) and move the provisions of Regulation
19.1504(B) and (C) to Regulation 19.1506 with edits to the language.
    Arkansas explained in Appendix A of the submitted revisions that
Regulation 19.1504(A) consists of an informational table that
identifies the sources in Arkansas that are subject to BART but the
table itself does not contain any enforceable requirements.\8\
Regulation 19.1504(A) is not necessary to identify the sources subject
to the requirements of Chapter 15 that are in the SIP, as those sources
are identified in Regulation 19.1505.\9\ Furthermore, the informational
table in Regulation 19.1504(A) is also contained in the SIP submittal
narrative for the Arkansas Regional Haze Planning Period 1, Phase II
SIP revision, which the EPA approved

in a final rule.\10\ Thus, the repeal of Regulation 19.1504(A) does not
change the State's determination of subject-to-BART sources in
Arkansas. We are proposing to approve the revision to Regulation
19.1504(A).
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    \8\ ``Appendix A: Technical Support Document, Changes to the
Rules of the State Implementation Plan,'' pages 5-6. Appendix A is
part of the submitted revision and is found in the docket for this
proposed rulemaking.
    \9\ Ibid.
    \10\ See 84 FR 51033 (September 27, 2019).
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    Regulation 19.1504(B) contains BART compliance date requirements.
The submitted revisions to Regulation 19.1504(B) move Regulation
19.1504(B) to Regulation 19.1506(A) with non-substantive revisions to
the language and deletion of the portion not in the approved SIP.\11\
Regulation 19.1504(C) contains provisions requiring sources subject to
BART to maintain the control equipment required by Chapter 15 and to
establish procedures to ensure such equipment is properly operated and
maintained. The submitted revisions to Regulation 19.1504(C) move these
provisions to Regulation 19.1506(B) and (C) with non-substantive
revisions to the language. Moving the provisions in Rule 19.1504(B) and
(C) to Rule 19.1506(A), (B) and (C) results in the consolidation of the
compliance provisions for sources subject to the requirements of
Chapter 15. For these reasons, we are proposing to approve the
revisions to Regulation 19.1504(B) and (C).
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    \11\ Only a portion of Rule 19.1504(B) is in the approved SIP.
This portion is the requirement for each source subject to BART to
install and operate BART as expeditiously as practicable, but in no
event later than 5 years after the EPA approval of that source's
BART determination. (See 77 FR 14604, 14675, March 12, 2012).
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Regulation 19.1505 ``Best Available Retrofit Technology Requirements''
    Arkansas Regulation 19.1505 consists of BART emission limits for
subject-to-BART sources in Arkansas that are subject to the
requirements of Chapter 15. The submitted revisions make a minor
amendment to the title of Regulation 19.1505, remove all provisions
that are not currently in the approved SIP,\12\ and restructure and
make other non-substantive edits to the provisions in the approved SIP.
Because of our prior disapproval,\13\ the following provisions were
never approved into the Arkansas SIP and thus, the State's removal of
this language from its State rules is a non-substantive change:
Regulation 19.1505(A)(1) and (A)(2); 19.1505(B); 19.1505(C);
19.1505(D)(1) and (D)(2); 19.1505(E)(1), (E)(2), and (E)(3);
19.1505(F)(1) and (F)(2); 19.1505(G)(1) and (G)(2); 19.1505(H);
19.1505(I)(1) and (I)(2); 19.1505(J)(1) and (J)(2); 19.1505(K);
19.1505(L); 19.1505(M)(1); and 19.1505(N)(1), (N)(2), and (N)(3).
Because these submitted revisions delete previously disapproved
language, we are proposing to remove our prior disapproval of the
provisions of Regulation 19.1505 (77 FR 14604).
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    \12\ 77 FR 14604, 14675.
    \13\ 77 FR 14604, 14675.
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    The submitted revisions also remove Regulation 19.1505(D)(3). This
provision was approved by the EPA at 77 FR 14604, and therefore, the
repeal of Regulation 19.1505(D)(3) is a substantive change. In a final
rule published on March 22, 2021, we approved BART alternative
requirements under 40 CFR 51.308(e)(2) that replaced the provision
under Regulation 19.1505(D)(3).\14\ Therefore, the repeal of Regulation
19.1503(D)(3) does not relax any existing requirements in the SIP. In
fact, it is necessary for Arkansas to remove Regulation 19.1505(D)(3)
from its State rules and the SIP given that the BART requirements
contained in Regulation 19.1505(D)(3) have been replaced.\15\ For this
reason, we are proposing to approve the submitted revision to repeal
Regulation 19.1505(D)(3).
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    \14\ The EPA finalized approval of the State's withdrawal of the
PM10 BART determination of 0.07 lb/MMBtu for Ashdown Mill #1 Power
Boiler, SN-03 and approved its replacement with the PM10 BART
alternative limit in the Arkansas Regional Haze Phase III SIP
submittal (See 86 FR 15104, 15130, March 22, 2021).
    \15\ The current BART requirements approved in the SIP for
Domtar Ashdown Mill #1 Power Boiler, SN-03 are found in Permit
#0287-AOP-R22. (See 86 FR at 15131).
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    The submitted revisions also restructure some of the remaining
provisions under Regulation 19.1505, which results in greater clarity
and concision of those provisions. Therefore, we are proposing to
approve these revisions.
Regulation 19.1506 ``Compliance Provisions''
    Regulation 19.1506 consists of compliance provisions for sources
subject to the requirements of Chapter 15. The submitted revisions
update and consolidate the compliance requirements that were previously
in Regulation 19.1504(B) \16\ and (C) with edits that are non-
substantive. For these reasons, we are proposing to approve the
submitted revisions to Regulation 19.1506.
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    \16\ As discussed earlier, only a portion of Regulation
19.1504(B) is in the approved SIP.
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Regulation 19.1507 ``Permit Reopening''
    Regulation 19.1507 is a provision that makes subject-to-BART
sources subject to reopening of their permit to incorporate the
requirements of Regulation 19.1505. The submitted revision to
Regulation 19.1507 repeals the provision in its entirety and places the
subsection in reserve. Although the revision is substantive, it does
not relax any existing requirements in the SIP. Arkansas explained in
Appendix A of the submitted revisions that this provision is no longer
relevant as the only requirements that remain in Regulation 19.1505 are
based on existing permit conditions.\17\ For this reason, we are
proposing to approve the submitted revision to Regulation 19.1507.
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    \17\ See ``Appendix A: Technical Support Document, Changes to
the Rules of the State Implementation Plan,'' page 6. Appendix A is
part of the Arkansas SIP submittal dated May 12, 2022 and is found
in the docket for this proposed rulemaking.
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D. CAA Section 110(l) Evaluation

    The submitted revisions to Regulation 19 add clarity, consistency,
and overall strengthen the Arkansas SIP. The revisions do not relax the
current SIP approved rules and are consistent with Federal regulations.
Therefore, and consistent with CAA section 110(l), we do not expect
these revisions to interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the Act.

III. Proposed Action

    For the reasons described in this action and in the TSD, we are
proposing to approve a portion of revisions to the Arkansas SIP
submitted on June 22, 2022. Specifically, we are proposing to approve
the following submitted revisions to Regulation 19: renaming Regulation
19 as Rule 19; revisions to Chapters 1, 2, 3, 4, 5, 6, 7, 9, 11, 13,
15, and Appendices A and B of Regulation 19. We are also proposing to
approve the partial repeal of Regulation 19, Chapter 10 and repeal of
Regulation 19, Chapters 14, and 16; and the new provision of Regulation
19, Chapter 18. We are proposing to approve these revisions in
accordance with section 110 of the Act.

IV. Environmental Justice Considerations

    The EPA reviewed demographic data for groups of populations living
within Pulaski County, Arkansas. The EPA then compared the data to the
State of Arkansas and the national average for each of the demographic
groups. The results of this analysis are being provided for information
and transparency purposes. The results of the demographic analysis
indicate that that for populations living within Pulaski County, the
percent people of color (persons who reported their race

as a category other than white alone (not Hispanic or Latino)) is above
the national average for Pulaski County; and below the national average
for the State of Arkansas as a whole (49.3 and 28.7 percent,
respectively versus 40.7 percent). Within people of color, the percent
of the population that is Black or African American alone is
significantly above the national average for Pulaski County and above
the national average for the State as a whole (38.3 and 15.7 percent,
respectively versus 13.6 percent), and the percent of the population
that is American Indian/Alaska Native is below the national average for
both Pulaski County and the State as a whole (0.5 and 1.1 percent,
respectively versus 1.3 percent).
    This proposed action revises portions of the Arkansas SIP including
revisions to Rule 19 of the Arkansas Plan of Implementation for Air
control. We expect that this action and resulting emissions reductions
will generally be neutral or contribute to reduced environmental and
health impacts on all populations in the State of Arkansas, including
people of color and low-income populations. The proposed revisions will
provide updates to the SIP and improve clarity in the SIP so that the
public can read and understand what is currently in the SIP. Further,
there is no information in the record indicating that this action is
expected to have disproportionately high or adverse human health or
environmental effects on a particular group of people.

V. Incorporation by Reference

    In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference revisions to the Arkansas regulations as described in
Sections II, The EPA's Evaluation, and III, Proposed Action, of this
preamble. These state regulations contain the air pollution control
provisions for the State of Arkansas. We have made, and will continue
to make, these documents generally available electronically through
www.regulations.gov (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the 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 CAA. Accordingly, this
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 action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11,
2023);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the proposed rule does not have tribal implications and
will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
    Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' \18\ The EPA further defines the term fair treatment to
mean that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.'' \19\
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    \18\ See https://www.epa.gov/environmentaljustice/learn-about-environmental-justice.
    \19\ https://www.epa.gov/environmentaljustice/learn-about-environmental-justice.
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    ADEQ did not evaluate Environmental Justice considerations as part
of its SIP submittal; the CAA and applicable implementing regulations
neither prohibit nor require such an evaluation. The EPA performed an
EJ analysis, as is described earlier in the section titled,
``Environmental Justice Considerations.'' The analysis was done for the
purpose of providing additional context and information about this
rulemaking to the public, not as a basis of the action. Due to the
nature of the action being taken here, this action is expected to have
a neutral to positive impact on the air quality of the affected area.
In addition, there is no information in the record upon which this
decision is based inconsistent with the stated goal of E.O. 12898 of
achieving EJ for people of color, low-income populations, and
Indigenous peoples.

List of Subjects in 40 CFR Part 52

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

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

    Dated: August 15, 2023.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2023-17944 Filed 8-21-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 206 (Thursday, October 26, 2017)]
[Notices]
[Pages 49640-49641]
[FR Doc No: 2017-23303]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2017-0901]

Information Collection Request to Office of Management and
Budget; OMB

    Control Number: 1625-0036
AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information: 1625-0036,
Plan Approval and Records for U.S. and Foreign Tank Vessels Carrying
Oil in Bulk; without change. Our ICR describes the information we seek
to collect from the public. Before submitting this ICR to OIRA, the
Coast Guard is inviting comments as described below.

DATES: Comments must reach the Coast Guard on or before December 26,
2017.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2017-0901] to the Coast Guard using the Federal
eRulemaking Portal at http://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the Internet
at http://www.regulations.gov. Additionally, copies are available from:
Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S. Coast
Guard, 2703 Martin Luther King Jr. Ave. SE., Stop 7710, Washington, DC
20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) the practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. In response to
your comments, we may revise this ICR or decide not to seek an
extension of approval for the Collection. We will consider all comments
and material received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2017-0901], and
must be received by December 26, 2017.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that Web site's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

Information Collection Request

    Title: Plan Approval and Records for U.S. and Foreign Tank Vessels
Carrying Oil in Bulk.
    OMB Control Number: 1625-0036.
    Summary: This information collection aids the Coast Guard in
determining if a vessel complies with certain safety and environmental
protection standards. Plans, to include records, for construction or
modification of U.S. or foreign vessels submitted and maintained on
board are required for compliance with these standards.
    Need: Title 46 U.S.C. 3703 provides the Coast Guard with the
authority to regulate design, construction, alteration, repair,
maintenance, operation, equipping, personnel qualification, and manning
of vessels carrying oil in bulk. See e.g., 33 CFR part 157, Rules for
the Protection of the Marine Environment Relating to Tank Vessels
Carrying Oil in Bulk, and 46 CFR chapter I, subchapter D, Tank Vessels.
    Forms: Not applicable.
    Respondents: Owners and operators of vessels.
    Hour Burden Estimate: The estimated burden has increased from 2,033
hours to 2,106 hours a year due to an increase in the estimated number
of respondents.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: October 16, 2017.
James D. Roppel,
U.S. Coast Guard, Acting Chief, Office of Information Management.
[FR Doc. 2017-23303 Filed 10-25-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 233 (Thursday, December 4, 2014)]
[Notices]
[Pages 72057-72060]
[FR Doc No: 2014-28535]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Passenger Facility Charge (PFC) Approvals and
Disapprovals

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Monthly Notice of PFC Approvals and Disapprovals. In October
2014, there were eight applications approved. This notice also includes
information on two applications, approved in September 2014,
inadvertently left off the September 2014 notice. Additionally, 11
approved amendments to previously approved applications are listed.

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

SUMMARY: The FAA publishes a monthly notice, as appropriate, of PFC
approvals and disapprovals under the provisions of the Aviation Safety
and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget
Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the
Federal Aviation Regulations (14 CFR part 158). This notice is
published pursuant to paragraph d of Sec.  158.29.

PFC Applications Approved

    Public Agency: Westmoreland County Airport Authority, Latrobe,
Pennsylvania.
    Application Number: 14-03-C-00-LBE.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $382,641.
    Earliest Charge Effective Date: March 1, 2016.
    Estimated Charge Expiration Date: July 1, 2017.
    Class of Air Carriers Not Required To Collect PFC's: None.
    Brief Description of Projects Approved for Collection and Use:

Install runway 23 vertical/visual guidance system.
Master plan update.
Expand terminal parking.
Rehabilitate parallel taxiway phase 1 design.
Sustainable master plan.
Terminal improvements.
Terminal expansion design.
Rehabilitate parallel taxiway phase 2 construction.
Rehabilitate main terminal apron.

    Brief Description of Withdrawn Project: Acquire snow removal
equipment.

    Date of Withdrawal: September 18, 2014.
    Decision Date: September 29, 2014.

FOR FURTHER INFORMATION CONTACT: Lori Ledebohm, Harrisburg Airports
District Office,<PHONE_NUMBER>.

    Public Agency: Metropolitan Airports Commission, Minneapolis,
Minnesota.
    Application Number: 13-11-C-00-MSP.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved In This Decision: $52,827,265.
    Earliest Charge Effective Date: March 1, 2018.
    Estimated Charge Expiration Date: October 1, 2018.
    Class of Air Carriers Not Required To Collect PFC's: Air taxi/
commercial operators filing FAA Form 1800-31.

    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at Minneapolis-St. Paul International Airport (MSP).
    Brief Description of Projects Approved for Collection and Use at
MSP at a $3.00 PFC Level:

Terminal 1--Lindbergh Concourse F pedestrian bridge rehabilitation.
Electronic video information display systems.
Runway 12R/30L service road tunnel improvements.
Aircraft rescue and firefighting station 2/building roof replacements.
Taxiway C extension.
Orange parking ramp skyway link/terminal expansion.

    Brief Description of Projects Approved for Collection and Use at
MSP at a $4.50 PFC Level:

Terminal 1--Lindbergh passenger boarding bridges replacement.
Perimeter fence/gate security improvements.
Runway 30L engineered materials arresting system replacement.
Terminal 2--Humphrey security checkpoint.
Terminal 2--Humphrey passenger boarding bridges replacement.

    Brief Description Of Disapproved Projects:

Runway 30R maximum intensity approach lighting system with sequence
flashers.

    Determination: Disapproved. The FAA determined that the proposed
project did not improve the visibility minimums for runway 30R.
Therefore, the project did not meet the requirements of Sec.
158.15(b).

Airport noise and operations monitoring system upgrades.

    Determination: Disapproved. The FAA determined that the proposed
upgrade was not addressing a deficiency in the existing noise
monitoring system. Therefore, the project did not meet the requirements
of Sec.  158.15(b).
    Decision Date: September 30, 2014.

FOR FURTHER INFORMATION CONTACT: Chris Hugunin, Minneapolis Airports
District Office,<PHONE_NUMBER>.

    Public Agency: Huntsville-Madison County Airport Authority,
Huntsville, Alabama.
    Application Number: 14-20-C-00-HSV.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $1,750,085.
    Earliest Charge Effective Date: October 1, 2023.
    Estimated Charge Expiration Date: August 1, 2024.
    Classes of Air Carriers Not Required To Collect PFC'S:
    (1) Air taxi/commercial operators filing FAA Form 1800-31,
operating at Huntsville International Airport (HSV), and having fewer
than 500 annual passenger enplanements; (2) certified air carriers
filing Department of Transportation (DOT) Form T-100, operating at HSV,
and having fewer than 500 annual enplanements; (3) certified route air
carriers filing DOT Form T-100, operating at HSV, and having fewer than
500 annual passenger enplanements; and (4) foreign air carriers filing
DOT Form T-100(f), operating at HSV, and having fewer than 500 annual
passenger enplanements.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that each approved
class accounts for less than 1 percent of the total annual enplanements
at HSV.
    Brief Description of Project Approved for Collection and Use: Group
VI airfield improvements 18L/36R.

    Decision Date: October 2, 2014.

FOR FURTHER INFORMATION CONTACT: Matthew Felton, Jackson Airports
District Office,<PHONE_NUMBER>, ext. 194.

    Public Agency: Pee Dee Regional Airport Authority, Florence South
Carolina.
    Application Number: 14-02-C-00-FLO.
    Application Type: Impose and Use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $827,258.
    Earliest Charge Effective Date: December 1, 2014.
    Estimated Charge Expiration Date: February 1, 2018.
    Class of Air Carriers Not Required To Collect PFC's: Air taxi/
commercial operators filing FAA Form 1800-31 and operating at Florence
Regional Airport (FLO).

    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at FLO.
    Brief Description of Projects Approved for Collection:

Install an animal control fence.
General aviation terminal facility (design and construction).
Construct a new aircraft rescue and firefighting facility (design and
construction).

    Brief Description of Projects Approved for Collection and use:

Removal of airspace obstructions.
Terminal renovations reimbursement--design and construction.
Terminal apron reimbursement--design and construction.
Taxiways D, B, and E lighting and generator (phase II construction).
Upgrade airfield signage.
Perform wildlife assessment study.
Refurbish airfield storm water drainage systems (design and
construction).
Purchase airfield pavement sweeper.
Master plan update.
Refurbish and upgrade the airport beacon.
Refurbish the airfield electrical vault.
Install a new airport wind cone.
PFC application development.
PFC administration.

    Decision Date: October 20, 2014.

FOR FURTHER INFORMATION CONTACT: Robert Rau, Atlanta Airports District
Office,<PHONE_NUMBER>.

    Public Agency: Metropolitan Nashville Airport Authority, Nashville,
Tennessee.
    Application Number: 14-20-C-00-BNA.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved In This Decision: $4,900,000.
    Earliest Charge Effective Date: August 1, 2016.
    Estimated Charge Expiration Date: November 1, 2016.
    Class of Air Carriers Not Required To Collect PFC's: Air taxi/
commercial operators filing FAA Form 1800-31 and operating at Nashville
International Airport (BNA).

    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class

accounts for less than 1 percent of the total annual enplanements at
BNA.
    Brief Description of Projects Approved for Collection and Use at a
$4.50 PFC Level:

Reconstruct taxiway T3.
Reconstruct taxiways L and J-east.

    Decision Date: October 22, 2014.

FOR FURTHER INFORMATION CONTACT: Cynthia Wills, Memphis Airports
District Office,<PHONE_NUMBER>.

    Public Agency: City of Long Beach, California.
    Application Number: 14-07-C-00-LGB.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $10,697,988.
    Earliest Charge Effective Date: June 1, 2032.
    Estimated Charge Expiration Date: April 1, 2034.
    Class of Air Carriers Not Required To Collect PFC's: Non-scheduled/
on-demand air carriers filing FAA Form 1800-31.

    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at Long Beach/Daugherty Field Airport.
    Brief Description of Projects Approved for Collection and Use:

Reconstruction of air carrier apron--phases II and III.
Pavement management and maintenance program.
Airfield geometry study and strategic planning.
Runway 30 safety area improvements.
Runway 07L/25R rehabilitation.
Perimeter security improvements.
Terminal access road improvements.
PFC application and program administration.

    Decision Date: October 24, 2014.

FOR FURTHER INFORMATION CONTACT: Darlene Williams, Los Angeles Airports
District Office,<PHONE_NUMBER>.
    Public Agency: Los Angeles World Airports, Los Angeles, California.
    Application Number: 13-09-C-00-LAX.
    Application Type: Impose and use a PFC.
    PFC Level: $3.00.
    Total PFC Revenue Approved in This Decision: $44,378,659.
    Earliest Charge Effective Date: June 1, 2019.
    Estimated Charge Expiration Date: October 1, 2019.
    Class of Air Carriers Not Required To Collect PFC's: Air taxi/
Commercial operators filing FAA Form 1800-31.

    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at Los Angeles International Airport.
    Brief Description of Project Partially Approved for Collection and
Use: Inglewood Unified School District soundproofing program.

    Determination: Partially approved. The FAA determined that two
schools (Inglewood High School and Hudnall Elementary School) proposed
for inclusion in this project were not eligible for PFC funding. In
addition, the FAA determined that two items of work (annual audit
reports and ARUP consultants) were not eligible for PFC funding.
Therefore, the approved PFC amount was reduced from the amount
requested.
    Decision Date: October 24, 2014.

FOR FURTHER INFORMATION CONTACT: Darlene Williams, Los Angeles Airports
District Office,<PHONE_NUMBER>.
    Public Agency: Greater Peoria Airport Authority, Peoria, Illinois.
    Application Number: 15-06-C-00-PIA.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $11,708,250.
    Earliest Charge Effective Date: February 1, 2015.
    Estimated Charge Expiration Date: September 1, 2023.
    Class of Air Carriers Not Required To Collect PFC'S: Non-scheduled/
on-demand air carriers filing FAA Form 1800-31 that are operating at
General Wayne A. Downing Peoria International Airport (PIA).

    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at PIA.
    Brief Description of Projects Approved for Collection and Use:

Drainage improvements and slope stabilization.
Expand terminal parking lot.
Rehabilitate airport entrance road.
Snow removal equipment building.
Master plan and airport layout plan update.
PFC application costs.

    Brief Description of Project Partially Approved for Collection and
Use: Additional terminal gates/Federal Inspection Services.

    Determination: Partially approved. The FAA determined that PFC
eligibility is limited to the new gate facilities and general aviation
facilities portion of the project.
    Decision Date: October 24, 2014.

FOR FURTHER INFORMATION CONTACT: Michael Brown, Chicago Airports
District Office,<PHONE_NUMBER>.
    Public Agency: Border Coast Regional Airport Authority, Crescent
City, California.
    Application Number: 15-05-C-00-CEC.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $263,158.
    Earliest Charge Effective Date: December 1, 2014.
    Estimated Charge Expiration Date: February 1, 2021.
    Class of Air Carriers Not Required To Collect PFC's: Non-scheduled/
on-demand air carriers filing FAA Form 1800-31.

    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at Jack McNamara Field Airport.
    Brief Description of Projects Approved for Collection and Use:

Runway safety area improvements--design.
Terminal building design--phase I.
Terminal building design--design phase II.

    Decision Date: October 28, 2014.

FOR FURTHER INFORMATION CONTACT: Neil Kumar, San Francisco Airports
District Office,<PHONE_NUMBER>.
    Public Agency: Grand Forks Regional Airport Authority, Grand Forks,
North Dakota.
    Application Number: 15-10-C-00-GFK.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $1,867,720.
    Earliest Charge Effective Date: January 1, 2019.
    Estimated Charge Expiration Date: February 1, 2022.
    Class of Air Carriers Not Required To Collect PFC's: Air taxi/
Commercial operators filing FAA Form 1800-31 that are operating at
Grand Forks International Airport (GFK).

    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at GFK.

    Brief Description of Projects Approved for Collection and Use:

Purchase snow removal equipment.
Construct snow removal equipment building.
Construct aircraft rescue and fire fighting building.
Reconstruct taxiways A, B, and D intersection.

    Decision Date: October 28, 2014.

FOR FURTHER INFORMATION CONTACT: Chris Hugunin, Minneapolis Airports
District Office,<PHONE_NUMBER>.

                                           Amendments to PFC Approvals
----------------------------------------------------------------------------------------------------------------
                                                                                Original         Amended
                                     Amendment       Original         Amended        estimated       estimated
    Amendment No. city, state      approved date   approved net    approved net     charge exp.     charge exp.
                                                    PFC revenue     PFC revenue        date            date
----------------------------------------------------------------------------------------------------------------
09-14-C-01-OAK, Oakland, CA.....        09/26/14    $293,219,000    $396,564,898        04/01/21        01/01/28
08-14-C-03-BNA, Nashville, TN...        09/30/14      66,013,179      66,013,179        06/01/16        06/01/16
11-17-C-03-BNA, Nashville, TN...        09/30/14       2,797,105       2,722,105        06/01/17        04/01/17
13-19-C-01-BNA, Nashville, TN...        09/30/14       4,430,000       4,750,000        11/01/17        11/01/17
10-05-C-01-BIS, Bismarck, ND....        10/08/14       7,099,409       4,036,922        02/01/22        02/01/15
01-03-C-02-BFL, Bakersfield, CA.        10/10/14       9,086,000      10,526,514        12/01/17        01/01/21
10-05-C-01-CIC, Chico, CA.......        10/10/14         590,000           7,569        12/01/16        12/01/14
12-10-C-01-LSE, La Crosse, WI...        10/14/14       2,665,657       4,175,370        01/01/23        05/01/28
08-14-C-04-BNA, Nashville, TN...        10/15/14      66,013,179      56,871,177        06/01/16        05/01/15
09-15-C-02-BNA, Nashville, TN...        10/15/14       6,196,434       4,314,382        09/01/16        09/01/16
10-03-C-02-DAL, Dallas, TX......        10/16/14     383,636,108     374,336,108        04/01/26        04/01/25
----------------------------------------------------------------------------------------------------------------

    Issued in Washington, DC, on December 1, 2014.
Joe Hebert,
Manager, Financial Analysis and Passenger Facility Charge Branch.
[FR Doc. 2014-28535 Filed 12-3-14; 8:45 am]
BILLING CODE 4910-13-P