[Federal Register Volume 88, Number 198 (Monday, October 16, 2023)]
[Notices]
[Pages 71355-71356]
[FR Doc No: 2023-22781]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2003-0004; FRL-11406-01-OCSPP]

Access to Confidential Business Information by Abt Associates and
Subcontractors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has authorized the following contractor and subcontractors
to access information which has been submitted to EPA under all
sections of the Toxic Substances Control Act (TSCA), some of which may
be claimed or determined to be confidential business information (CBI):
Abt Associates of Rockville, MD and Abt's subcontractors as listed in
Unit III.

DATES: Access will occur no sooner than October 23, 2023.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2003-0004, is available at
https://www.regulations.gov. Additional instructions on accessing the
docket, along with more information about dockets generally, is
available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Colby Lintner, Program
Management and Operations Division (7407M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 564-8182; email address: [email protected] or contact Adam
Schwoerer; telephone number:<PHONE_NUMBER>; email address:
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    This action is directed to the public in general. This action may,
however, be of interest to all who manufacture, process, or distribute
industrial chemicals. Because other entities may also be interested,
the Agency has not attempted to describe all the specific entities that
may be affected by this action.

II. What is the Agency's authority for taking this action?

    This notice is provided pursuant to section 14 of the Toxic
Substances Control Act (TSCA), 15 U.S.C. 2601 et seq., and EPA
implementing regulations in 40 CFR part 2.

III. What action is the Agency taking?

    Under contract number 68HERC23D0004, Abt Associates and its
subcontractors as identified in this unit will provide support for
Chemical Screening, Review, and Evaluation of New, Existing, and Safer
Choice Chemical Substances in accordance with the Performance Work
Statement which are vital to Agency personnel to make informed
decisions on environmental issues and other information that maybe
claimed as TSCA CBI in accordance with the TSCA Security Manual.
    In accordance with 40 CFR 2.306(j), EPA has determined that to
perform successfully the duties specified under EPA contract number
68HERC23D0004, the contractor and its subcontractors will require
access to information that may contain CBI submitted under all sections
of TSCA. As such, personnel of the contractor and its subcontractors
will be given access to information that may be claimed or determined
to be CBI information submitted to EPA under all sections of TSCA.
    EPA is issuing this notice to inform all submitters of information
under all sections of TSCA that EPA will provide the herein identified
contractor and its subcontractors with access to the CBI materials on a
need-to-know basis only. All access to TSCA CBI under this contract
will take place at the
    EPA Headquarters, and/or at the following facilities of the
contractor and/or subcontractors:
     Abt Associates, located at 6130 Executive Boulevard,
Rockville, MD 20852;
     Chickasaw Health Consulting LLC, located at 2600 John
Saxton Blvd., Norman, OK 73071;
     Consortium Environmental Risk Management (CERM), located
at 9 Union Street, 3rd Floor Hollowell, MD 04347;
     Environmental Health & Engineering Inc (EH&E), located at
180 Wells Avenue, Suite 200, Newton, MA 02459;
     Environmental Management Support, Inc (EMS), located at
8455 Colesville Road, Suite 700, Silver Spring, MD 20910;
     Essential Software, Inc (ESI), located at 9024 Mistwood
Drive, Rockville, MD 20854;
     Gnarly Tree Sustainability Institute (Gnarly Tree),
located at 7478 E Rush Ridge Road, Bloomington, IN 47401;
     Green Street Communications, located at 7686 Richmond
Highway @113, Alexandria, VA 22306;
     LightSpeed Edu, located at 652 Gaylord Mountain Road,
Hamden, CT 06518;
     Mabbett & Associates, Inc., located at 105 Central Street,
Suite 4100, Stoneham, MA 02180;
     Pacific Northwest Pollution Prevention Resource Center
(PPRC), located at 8620 Holly Drive #250, Everett, WA 98208;
     QuanTech Services Inc., located at 1 Hartwell Place,
Second Floor, Lexington, MA 02421;
     Risk Sciences International Inc. (RSI), located at 700-251
Laurier Avenue W, Ottawa, ON K1P5J6 Canada;
     Toxics Used Reduction Institute (TURI), located at The
Offices at Boott Milles West 126 John Street, Suite 14 (Second Floor),
Lowell, MA 01852;
     University of Alaska Fairbanks (UAF), 1731 South Chandalar
Drive, Fairbanks, AK 99775;
     Versar Inc., located at 105 Vermont Avenue NW, Suite 500,
Washington, DC 20005; and
     At the telework locations of the personnel of the
contractor and subcontractors in accordance with EPA's TSCA CBI
Protection Manual and the Rules of Behavior for Virtual Desktop Access
to OPPT Materials, including TSCA CBI.
    Access to TSCA data, including CBI, will continue until November
30, 2027. If the contract is extended, this access will also continue
for the duration of the extended contract without further notice.

    The personnel of the contractor and subcontractors will be required
to sign nondisclosure agreements and will be briefed on specific
security procedures for TSCA CBI.
    Authority: 15 U.S.C. 2601 et seq.

    Dated: October 11, 2023.
Pamela Myrick,
Director, Project Management and Operations Division, Office of
Pollution Prevention and Toxics.
[FR Doc. 2023-22781 Filed 10-13-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Notices]
[Pages 66436-66437]
[FR Doc No: 2019-26223]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-617, OMB Control No. 3235-0728]

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Rule 17Ab2-2

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
previously approved collection of information provided for in Rule
17Ab2-2 (17 CFR 240.17Ab2-2) under the Securities Exchange Act of 1934
(15 U.S.C. 78a et seq.).
    Exchange Act Rule 17Ab2-2 establishes procedures for the Commission
to make a determination, either of its own initiative or upon
application by any clearing agency or member of a clearing agency,
whether a covered clearing agency is systemically important in multiple
jurisdictions and procedures to determine, if the Commission deems
appropriate, whether any of the activities of a clearing agency
providing central counterparty services, in addition to clearing
agencies registered with the Commission for the purpose of clearing

security-based swaps, have a more complex risk profile. In addition,
Exchange Act Rule 17Ab2-2 provides a procedure for the Commission to
determine whether to rescind any such determinations previously made by
the Commission.
    Because determinations made by the Commission pursuant to Exchange
Act Rule 17Ab2-2 may be made upon the request of a clearing agency,
respondent clearing agencies have the burden of preparing such requests
for submission to the Commission.
    Commission staff estimates that Rule 17Ab2-2 imposes a PRA burden
on registered clearing agencies that seek a determination from the
Commission regarding the covered clearing agency's status as
systemically important in multiple jurisdictions. Commission staff
estimates that two registered clearing agencies or their members on
their behalf will apply for a Commission determination, or may be
subject to a Commission-initiated determination, regarding whether a
registered clearing agency is involved in activities with a more
complex risk profile or whether a covered clearing agency is
systemically important in multiple jurisdictions.
    Commission staff estimates that each respondent clearing agency
incurs a one-time burden of 10 hours and a one-time cost of $2,000 to
draft and review a determination request submitted to the Commission,
for a total of 20 hours and $4,000 for all respondents. The total
annualized burden and cost for all respondents are 6.66 hours and
$1,333.33.
    Any agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a valid OMB control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Comments should
be directed to: (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, Room 10102, New Executive Office Building,
Washington, DC 20503, or by sending an email to:
<EMAIL_ADDRESS>and (ii) Charles Riddle, Acting Director/
Chief Information Officer, Securities and Exchange Commission, c/o
Cynthia Roscoe, 100 F Street NE, Washington, DC 20549, or by sending an
email to<EMAIL_ADDRESS>Comments must be submitted to OMB within
30 days of this notice.

    Dated: November 29, 2019.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-26223 Filed 12-3-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 36 (Thursday, February 25, 2021)]
[Rules and Regulations]
[Pages 11421-11423]
[FR Doc No: 2021-01021]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2013-1063; Airspace Docket No. 13-ASO-25]
RIN 2120-AA66

Amendment of Restricted Areas R-3008A, R-3008B, R-3008C, and R-
3008D; Grand Bay Weapons Range, GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the time of designation for restricted
areas R-3008A, R-3008B, R-3008C, and R-3008D; Grand Bay Weapons Range,
GA, by expanding the timeframe during which the areas may be activated
without prior issuance of a Notice to Airmen (NOTAM). The expansion of
the published designated times for these restricted areas reflects
their routine actual use. This change better informs the flying public
of actual routine use periods of the restricted areas and reduces NOTAM
System workload.

DATES: Effective date 0901 UTC, April 22, 2021.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence

Avenue SW, Washington, DC 20591; 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
the 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 restricted areas R-3008A, R-3008B, R-3008C, and
R-3008D; Grand Bay Weapons Range, GA, by expanding the timeframe during
which the areas may be activated reducing the need for the using agency
to issue NOTAMs when necessary to activate the restricted areas outside
the published ``core hours.''

Background

    The published time of designation for restricted areas R-3008A, R-
3008B, R-3008C, and R-3008D is ``0700-2200 local time, Monday-Friday;
other times by NOTAM 6 hours in advance.'' For many years, the using
agency has routinely extended use of the restricted areas past the
designated 2200 local time (as authorized by the NOTAM provision). To
exercise this provision, the using agency must issue NOTAMs daily in
order to activate the airspace beyond the published ``core hours''
(i.e., 0700-2200 local time). Amending the time of designation to match
the routine, actual usage of the airspace reduces NOTAM System workload
and better informs the flying public of expected times the restricted
areas will be active.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2013-1063 in the Federal Register (79 FR 6504; February 4, 2014),
amending the time of designation for restricted areas R-3008A, R-3008B,
R-3008C, and R-3008D; Grand Bay Weapons Range, GA.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal. Two comments
were received. Both commenters expressed support for the proposal.

Differences From the NPRM

    The NPRM proposed to change the time of designation of restricted
areas R-3008A, R-3008B, R-3008C, and R-3008D from ``0700-2200 local
time, Monday-Friday; other times by NOTAM 6 hours in advance,'' to
``0800-0130 local time, Monday-Thursday; 0700-2200 local time Friday;
other times by NOTAM 6 hours in advance.'' This rule amends the time of
designation for Friday to read ``0800-2200 local time; other times by
NOTAM 6 hours in advance.''

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 73 by changing the time of designation for restricted areas R-
3008A, R-3008B, R-3008C, and R-3008D from ``0700-2200 local time,
Monday-Friday; other times by NOTAM 6 hours in advance,'' to ``0800-
0130 local time, Monday-Thursday; 0800-2200 Friday; other times by
NOTAM 6 hours in advance.'' The change captures the vast majority of
the routine operations currently occurring in the restricted areas. The
amendment provides more accurate notice to the flying public of when to
expect that the restricted areas will be in use. Additionally, it
reduces the using agency's workload by eliminating the need to issue
daily NOTAMs for routine operations.

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.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (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 of amending the time of
designation for restricted areas R-3008A, R-3008B, R-3008C, and R-
3008D; Grand Bay Weapons Range, GA, to match the times that the areas
are routinely activated outside the ``core hours'' through the issuance
of a NOTAM qualifies for categorical exclusion under the National
Environmental Policy Act and its implementing regulations at 40 CFR
part 1500, and in accordance with FAA Order 1050.1F, Environmental
Impacts: Policies and Procedures, paragraph 5-6.5c, actions to return
all or part of special use airspace (SUA) to the National Airspace
System (NAS), such as revocation of airspace, a decrease in dimensions,
or a reduction in times of use (e.g., from continuous to intermittent,
or use by a Notice to Airmen (NOTAM)). As such, this action is not
expected to cause any potentially significant environmental impacts. In
accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. The FAA has determined that no extraordinary circumstances
exist that warrant preparation of an environmental assessment or
environmental impact study.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 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.  73.30  Georgia (Amended)

0
2. Sec.  73.30 is amended as follows:
* * * * *

R-3008A, Grand Bay Weapons Range, GA [Amended]

    By removing the current time of designation and inserting the
following in its place:
    Time of designation. 0800-0130 local time Monday-Thursday; 0800-
2200 local time Friday; other times by NOTAM 6 hours in advance.

R-3008B, Grand Bay Weapons Range, GA [Amended]

    By removing the current time of designation and inserting the
following in its place:
    Time of designation. 0800-0130 local time Monday-Thursday; 0800-
2200 local time Friday; other times by NOTAM 6 hours in advance.

R-3008C, Grand Bay Weapons Range, GA [Amended]

    By removing the current time of designation and inserting the
following in its place:
    Time of designation. 0800-0130 local time Monday-Thursday; 0800-
2200 local time Friday; other times by NOTAM 6 hours in advance.

R-3008D, Grand Bay Weapons Range, GA [Amended]

    By removing the current time of designation and inserting the
following in its place:
    Time of designation. 0800-0130 local time Monday-Thursday; 0800-
2200 local time Friday; other times by NOTAM 6 hours in advance.
* * * * *

    Issued in Washington, DC, on January 12, 2021.
George Gonzalez,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-01021 Filed 2-24-21; 8:45 am]
BILLING CODE 4910-13-P


sampling and measuring carbon content of various materials are
published by the American Society for Testing and Material (ASTM),
International Standards Organization (ISO), and Gas Processors
Association (GPA)).
    Summary. For the reasons stated above, EPA proposes to determine
that the data elements in this category are not CBI under CAA section
114(c). EPA solicits comments on this proposed determination, including
whether the data category determination is appropriate as well as
whether the appropriate data elements were assigned to this category.
7. The Data Elements Reported for Periods of Missing Data That Are Not
Related to Production/Throughput or Materials Received Category
    EPA proposes to determine that the data elements in this category
are not CBI under CAA section 114(c).
    Description of the Data Elements. The data elements in this
category include data to be reported when there is missing data (other
than missing production/throughput and materials received data, the
required reporting for which is addressed in Section II.D.10 of this
preamble). The data elements in this category are as follows:
    Under 40 CFR part 98, subpart A (general provisions), all suppliers
must report the following:
     The data elements for which a substitute value was
determined for missing data.
     The total number of hours in the year that a missing data
procedure was used.
    Under 40 CFR part 98, subpart NN, suppliers of natural gas and
natural gas liquids (NGLs) must also report the number of days in the
reporting year for which substitute data procedures were used to
perform each of the following:
     Measure quantity of natural gas and NGLs supplied to
downstream facilities.
     Develop HHVs.
     Develop emission factors.
    Under 40 CFR part 98, subpart PP suppliers of carbon dioxide must
also report the number of days in the reporting year for which
substitute data procedures were used to perform each of the following:
     Measure the quantity of CO2.
     Measure the concentration of CO2 in a stream.
     Measure the density of a CO2 stream.
    Under proposed 40 CFR part 98, subpart RR (75 FR 18576, April 12,
2010), facilities report the number of times missing data procedures
were used. For 40 CFR part 98, subparts LL, MM, and OO, suppliers
report only the data elements listed for the Missing Data Category
under 40 CFR part 98, subpart A.
    Rationale for the Proposed Determination. These data elements
provide information to identify those data elements for which missing
data procedures were used and the duration of the period for which
missing data procedures were used. They are important because from
these reported data elements, EPA and others using the reported data
can judge the quality of the GHG data collected and reported by a
supplier.

    EPA proposes that the data elements in this category are not CBI
because their disclosure would not likely cause substantial harm to the
competitive positions of reporting businesses. The data elements in
this category do not include the actual values that would be used as
substitutes for missing data. Rather, these missing data elements
relate only to the purpose (i.e., which data is missing) and duration
of the use of the substitute data procedures listed in Part 98. Such
information cannot be used to determine the amount or composition of a
specific product being supplied or a specific material received,
details about the specific production processes used, or any other
information that would be considered sensitive by businesses. For
example, the total number of hours during which substitute data was
used instead of the measured CO2 concentration values
required by Part 98, subpart PP, does not disclose the CO2
concentration of stream, the flow rate, or any other data that could be
used to reveal sensitive information about a production process.
    Summary. For the reasons stated above, EPA proposes to determine
that the data elements in this category are not CBI under CAA section
114(c). EPA solicits comments on this proposed determination, including
whether the data category determination is appropriate as well as
whether the appropriate data elements were assigned to this category.
8. The Emission Factors Category
    EPA proposes to determine that the data elements in this category
are CBI under CAA section 114(c) because their release is likely to
cause substantial harm to the competitive positions of the suppliers
reporting these data.
    Description of Data Elements. Part 98 requires suppliers subject to
40 CFR part 98, subparts LL, MM, and NN to use emission factors to
calculate the CO2e emissions that would result from the
complete combustion or oxidation of the products they supply. These
suppliers have the option to develop product- or feedstock-specific
emission factors. This category contains the calculated emissions
factors that suppliers choose to develop. The data elements in this
category are the following:
     Calculated CO2 emission factors for each
feedstock received and product produced, imported, or exported (40 CFR
part 98, subparts LL and MM).
     Calculated CO2 emission factors for natural gas
and each NGL product (40 CFR part 98, subpart NN).
    These emission factor data are used to calculate the GHG quantities
that are reported by suppliers under 40 CFR part 98, subparts LL, MM,
and NN. Suppliers report the GHG quantities (in CO2) that
would ultimately be emitted (throughout the economy) from complete
combustion or oxidation of each fuel product supplied. Therefore, these
emission factors are critical for calculating the CO2 and
CO2e quantities reported by suppliers.
    Rationale for the Proposed Determination. EPA proposes to determine
that the data elements in this category are CBI because their release
is likely to cause substantial harm to the competitive positions of
supplier businesses reporting under Part 98. Disclosing emission
factors could harm the competitive advantage of firms because the
emission factors can be used to back-calculate the carbon share of the
supplier's products and raw materials. Revealing carbon share
information on products or raw materials could give competitors
insights concerning product make-up, production processes used, the
markets and types of customers a facility supplies, who they obtain raw
materials from, and other process-specific information. Such
information could allow a competitor to devise strategies to capture
market share from specific firms, compete for raw material resources,
and otherwise put the reporting suppliers at a disadvantage. See the
``Production/Throughput Quantities and Composition'' and the ``Amount
and Composition of Materials Received'' categories for suppliers in
Sections II.D.3 and II.D.9 of this preamble for further rationale as to
why EPA has concluded that information that could reveal production and
raw materials information is entitled to confidential treatment.
    The following is an example of how release of emission factors
could allow calculation of carbon share for suppliers subject to 40 CFR
part 98, subparts LL, MM, and NN. The 40 CFR part 98, subpart MM site-
specific emission factors are calculated as the carbon share of the
product (percent carbon in the material) multiplied by the density. The
density of many products is known (particularly for solid products,
which are given a default value of ``1'') or can be inferred given that
many products have densities that fall within a limited range.
Therefore, if site-specific emission factors were released, and density
is known or can be inferred, competitors could closely estimate the
carbon share of a product or feedstock. Public disclosure of emission
factors could therefore enable competitors to back-calculate carbon
share and gain insight into the composition of products and feedstocks.
    Summary. For the reasons stated above, EPA is proposing to
determine that the data elements in this category are CBI under CAA
section 114(c). EPA solicits comments on this proposed determination,
including whether the data category determination is appropriate as
well as whether the appropriate data elements were assigned to this
category.
9. The Amount and Composition of Materials Received Category
    EPA proposes to determine that the data elements in this category
are CBI under CAA section 114(c) because release of such data is likely
to cause substantial harm to the competitive position of suppliers
reporting these data under Part 98.
    Description of Data Elements. Data elements included in this
category are the quantities and compositions of raw materials and other
materials received by suppliers who are subject to reporting under 40
CFR part 98, subparts LL, MM, NN, and OO. Some of the materials
received are raw materials that the reporter uses to produce the fuel
products or industrial gases they supply into the economy (e.g., sell
or distribute). Others are materials that are received and not used as
raw materials but are instead distributed by the reporting supplier to
other facilities that either use them as raw materials or fuels (e.g.,
a LDC receives natural gas and NGLs and blends and distributes them to
customers rather than using them as a raw material to produce other
products). This category also includes 40 CFR part 98, subpart OO data
elements for quantities of materials that are produced on site in one
production process, and then consumed on site by another production
process.
    The data elements in this data category vary by supplier source
category. The following list provides examples of the types of data
included in this category:
     Annual quantity of each product in Table MM-1 of 40 CFR
part 98, subpart MM entering the coal-to-liquid facility for further
processing or other uses onsite (40 CFR part 98, subpart LL).
     Annual quantity of each type of biomass that is to be co-
processed with fossil fuel-based feedstock (40 CFR part 98, subpart
LL).
     Carbon share and density of feedstocks consumed (40 CFR
part 98, subpart LL).
     Annual quantity of petroleum products or natural gas
liquids (NGL) entering the refinery for further refining or for other
uses onsite (40 CFR part 98, subpart MM).

     Annual quantity of each type of biomass that is to be co-
processed with petroleum feedstocks to produce a petroleum product (40
CFR part 98, subpart MM).
     Quantity of bulk NGLs received for processing during the
reporting year (40 CFR part 98, subpart MM).
     Carbon share and density of feedstocks consumed (40 CFR
part 98, subpart MM).
     Annual quantities of ethane, propane, normal butane,
isobutane, and ``pentanes plus'' products received from other NGL
fractionators (40 CFR part 98, subpart NN).
     Annual volume of natural gas received by the LDC at its
city gate stations for redelivery on the LDC's distribution system,
including for use by the LDC (40 CFR part 98, subpart NN).
     Total mass of each reactant fed into the fluorinated GHG
or nitrous oxide production process, by process (Reactants include raw
materials received) (40 CFR part 98, subpart OO).
     Mass of N2O and each fluorinated GHG fed into a
transformation process transformed at the facility, by process. This
includes quantities of N2O and fluorinated GHGs that were
produced at the facility and then consumed by a separate transformation
process (i.e., a separate process that uses and entirely consumes these
gases to manufacture other chemicals for commercial purposes) (40 CFR
part 98, subpart OO).
    Rationale for the Proposed Determination. EPA proposes to determine
that the data elements in this data category are CBI because their
disclosure is likely to cause substantial harm to the reporting
suppliers' competitive positions. Disclosing information about a
facility's annual amount and composition of materials received could
harm the competitive advantage of firms in the following ways:

     The disclosure of the amount and composition of
materials received and fed into production processes at a facility
could provide insight into sensitive details like the compositional
characteristics of a product. Competitors could use this information
to determine the chemical ratios and the material quantities
incorporated in a product. Public disclosure may also reveal when a
reporting supplier switches to a different material resource,
potentially indicating to competitors that the reporting supplier
has discovered a way to produce the same product at a lower cost.
Competitors could harm the competitive position of the reporting
party by applying the same strategy and/or attempt to drive up the
costs of the material resource.
     Information about the quantities and composition of
materials received could expose a firm's competitive and growth
strategies. For example, a record showing a significant increase in
consumption of a particular material resource may indicate to
competitors that a firm is seeking entry into a new market.
     Information about raw material quantities and
composition could reveal information related to a firm's suppliers.
For example, Firm A depends heavily on one supplier for a particular
resource. A competing firm, Firm B, could deduce this relationship
knowing that no other major suppliers can provide that particular
resource at the quantity demanded by Firm A. Firm B could use this
information to create new strategies to compete for that resource.
If Firm B is also more efficient and able to absorb higher costs
than Firm A, Firm B could intentionally drive up resource costs and
push Firm A out of business.
     Disclosure of facility-level data on the quantity and
composition of raw materials received could give competitors insight
into a business's local and regional market conditions and expansion
plans, enabling competitors to devise strategies to prevent
expansion and to steel market share in specific locations. In
general, competitors do not currently have access to actual
facility-level data on the quantity and composition of raw materials
or other day (e.g., financial statements) that could allow them to
assess competitive market conditions in regional detail, because
publicly available financial and economic information is released at
the corporate level, rather than the facility-level.
     Information about the quantities and composition of
materials received for processing may enable competitors to
determine the type of manufacturing processes used since processes
vary by the quantity and composition of materials used. This
information may also allow competitors to reasonably infer
production quantities of each product and the product mix of a
facility. If in addition to raw materials received, production
quantities data reported under Part 98 are also released,
competitors could use the combination of production and feedstock
consumption data to expose sensitive information such as operating
efficiencies (amount of product produced per unit of raw material
consumed) and allow competitors to infer production costs and
pricing structures.

    Summary. For the reasons stated above, EPA proposes to determine
that the data elements in this category are CBI under CAA section
114(c). EPA solicits comments on this proposed determination, including
whether the data category determination is appropriate as well as
whether the appropriate data elements were assigned to this category.
10. The Data Elements Reported for Periods of Missing Data That Are
Related to Production/Throughput or Materials Received Category
    40 CFR part 98, subpart OO requires suppliers of industrial GHGs
(N2O and fluorinated GHGs) who are subject to 40 CFR part
98, subpart OO to report numerical substitute values for production/
throughput and materials received quantities and composition during
missing data periods as well as other background information related to
missing data. EPA is proposing to determine that the substitute values
used to estimate such information during missing data periods and the
related background information are CBI under CAA section 114(c).
    Description of Data Elements. Data elements in this category, which
are required only in 40 CFR part 98, subpart OO, include the substitute
values (i.e., the actual numerical values used in the calculation), the
methods used to generate the substitute values, and other related
information, for estimating production/throughput and materials
received quantities and compositions. A complete list of the data
elements in this category is as follows:
     Reason the data were missing.
     Length of time the data were missing.
     Method used to estimate the missing data.
     Estimates of the missing production/throughput or
materials received data (i.e., the mass of each fluorinated GHG that is
produced at the facility by process, fed into the production process,
fed into the transformation process, fed into destruction devices, and
sent to another facility for transformation or destruction).
    Rationale for the Proposed Determination. EPA proposes to determine
that the data elements in this category are CBI under CAA section
114(c) because their disclosure is likely to cause substantial harm to
suppliers reporting these data under Part 98. The data elements in this
category are data needed to generate substitute values for missing
production/throughput data (e.g., the amount of a fluorinated gas
produced at a facility during a specified missing data time period) or
raw materials consumed data (e.g., the amount of a gas fed into the
production process during a specified missing data time period).
Accordingly, these data elements are themselves production data and
materials received data for the missing data period and their
disclosure could divulge sensitive details about operational
capabilities, marketing strategies, market share, and product
chemistries. For a detailed explanation, see the ``Production/
Throughput Quantities and Composition'' and the ``Amount and
Composition of Materials Received'' categories for suppliers in
Sections II.D.3 and II.D.9 of this preamble.

    Summary. For the reasons stated above, EPA proposes to determine
that the data elements in this category are CBI under CAA section
114(c). EPA solicits comments on this proposed determination, including
whether the data category determination is appropriate as well as
whether the appropriate data elements were assigned to this category.
11. The Supplier Customer and Vendor Information Category
    EPA proposes to determine that information on customers and vendors
associated with fuel and industrial GHG suppliers are CBI under CAA
section 114(c).
    Description of the Data Elements. Data elements included in this
category are information on individual customers that receive fossil
fuels or industrial GHGs from the reporting suppliers, and the
facilities to which industrial GHGs are sold or transferred for
transformation or destruction. Examples of data elements in this
category include the following:

     40 CFR part 98, subpart NN (Suppliers of Natural Gas
and Natural Gas Liquids) requires LDCs to report the annual volume
of natural gas supplied to each meter registering an annual supply
equal to or greater than 460,000 Mscf per calendar year. 40 CFR part
98, Subpart NN also requires reporting the customer name, address,
and meter number of each meter registering an annual supply equal to
or greater than 460,000 Mscf.
     40 CFR part 98, subpart NN also requires reporting (if
known) the EIA identification number of each LDC customer.
     40 CFR part 98, subpart OO (Suppliers of Industrial
Greenhouse Gases) requires production facilities and bulk importers
to report the names and addresses of facilities to which any
N2O or fluorinated GHGs were sent for transformation or
destruction.
     40 CFR part 98, subpart OO and proposed subpart QQ (75
FR 18652, April 12, 2010) require importers to report the country
from which products are imported and exporters to report the country
to which products were exported.

    Rationale for the Proposed Determination. For the following
reasons, EPA proposes to determine that information on the identities
of the customers and vendors associated with fuel and industrial GHG
suppliers is CBI under CAA section 114(c).
    Suppliers of fuels and industrial GHGs do not release the identity
of their customers to protect information on their customer base,
market share, and similar data that could be utilized to deduce
competitive strategies. The information is not reasonably available
without the businesses consent, and businesses take steps to protect
this information.
    In addition, release of this information is likely to cause
substantial harm to the competitive position of the supplier reporters.
For example, if all suppliers of fuels and industrial GHGs under a
particular subpart were required to report their associated customers
and vendors, and the information were widely available, then
competitors could use that information to determine the approximate
market share of each reporter, based on the number and estimated size
of customers. This information could be used to develop strategies to
take customers from a competitor.
    Likewise, if all suppliers of industrial GHGs under a particular
subpart were required to report to whom they were sending GHGs for
destruction, competitors could possibly determine information about the
manufacturing process of the suppliers of industrial GHGs based on the
nature of the services provided by the facility performing the
destruction.
    In addition, requiring suppliers of industrial GHGs to identify
facilities that destroy GHGs could reveal proprietary information about
the destruction facilities' customer base and market share, which could
be used by competitors to harm the GHG destruction facilities
competitive position.
    Summary. For the reasons stated above, EPA proposes to determine
that information on the identities of the customers and vendors
associated with fuel and industrial GHG suppliers are CBI under CAA
section 114(c). EPA solicits comments on this proposed determination,
including whether the data category determination is appropriate as
well as whether the appropriate data elements were assigned to this
category.
12. The Process-Specific and Vendor Data Submitted in the BAMM
Extension Request Category
    EPA proposes to determine that the data elements in this category
are CBI under CAA section 114(c) because the release of process-
specific and vendor data submitted with the BAMM extension request is
likely to cause substantial harm to competitive position of suppliers
reporting these data under Part 98.
    Description of data elements. The data elements in this category
include certain information submitted by reporters in petitions to
extend the use of BAMM. These data elements are submitted once, as part
of the petition, and are not submitted on a recurring basis in the
annual GHG reports. The October 2009 final rule allowed use of BAMM for
the first three months of 2010. A petition process is established in 40
CFR 98.3(d)(2) allowing facilities to submit, for EPA approval,
requests to extend the use of BAMM beyond March 31, 2010. Similar
allowances to submit BAMM requests are included in proposed rule
amendments (see 75 FR 18652, April 12, 2010 and 75 FR 18576, April 12,
2010). Much of the information required for BAMM requests, such as
location information and planned dates by which full monitoring
equipment will be installed are classified in other data categories.
However, some of the petitions received contain detailed process design
information, vendor and cost information that are not technically
similar to other data collected through Part 98. Provided below are
some examples of the data elements in this Category:
     Location where each monitor will be installed. Process
diagrams may be included to show specific locations.
     Information on alternative monitoring equipment suppliers
and delivery dates investigated.
     Supporting documentation demonstrating that it is not
possible to isolate the equipment and install monitoring instruments
without a process unit shutdown.
     Information on process unit shutdowns including frequency
and dates of previous and planned shutdowns.
    Rationale for Proposed Determination. EPA proposes to determine
that the data elements in this data category are CBI under CAA section
114(c). We find that disclosure of these process-specific and vendor
data submitted with BAMM extension requests is likely to cause
substantial harm to the competitive position of businesses submitting
these requests under Part 98. Disclosure could allow competitors to
gain insight into the specific processes used by the facility that they
could use to gain a competitive advantage. For example:

     The disclosure of process design diagrams submitted to
show monitor location or to show that it is not possible to install
monitoring equipment without a process unit shutdown could allow
competitors to determine the type of process, specific equipment,
and sequence of process steps used in the reporter's manufacturing
process. Such information is often proprietary, and public
disclosure could reveal trade secret or sensitive information and
substantially harm a firm's competitive position. The process
configuration diagrams could also be used by a competitor to gain
insight into whether the facility has multiple or interconnected
lines to produce products, likely bottlenecks, potential spare
capacity, and flexibility to

produce alternative products. This could provide competitors with
insight into a petitioner's operational strengths and weaknesses.
Such process-specific information could be used to infer information
on production costs, pricing structures, and the ability of a firm
to respond to changing market conditions. Having such information
could give competitors insights to make competitive decisions on
expanding their own production rates or altering their pricing
strategies to the detriment of the reporting company.
     Information provided in the petition about their
communications with alternative suppliers, delivery dates, and
backorder notices could reveal a variety of information that the
facility submitting the BAMM requests and their suppliers consider
sensitive. For example, documentation could include information on
the exact equipment being ordered and/or price quotes. This
information could be used by competitors of the reporter submitting
the petition to infer the costs the reporter is paying to comply
with mandatory reporting rule, which is sensitive information. It
could also be used by competitors of the firms supplying monitoring
equipment quotes to undercut prices or offer better delivery
schedules and gain a competitive advantage. Documentation pertaining
to the investigation and ordering of monitoring equipment could also
include specific information about the process stream
characteristics in the process lines being monitored. Such
information might be provided to a supplier to be sure the
monitoring equipment could withstand the process conditions (e.g.,
corrosive chemicals, temperatures) that the monitoring equipment
will encounter. This information could allow competitors to gain
insight into the production processes used by a facility and assist
them in formulating competitive strategies as described in the
preceding paragraph.
     Information and frequency and schedule for process unit
shutdowns could give competitors an understanding of the amount of
process downtime and insight into process efficiency. It could also
be used to infer if process modifications are being made (e.g., if
there is a long shutdown). Knowledge about periods when a process
unit will be shutdown and potentially have trouble supplying demand
for a product could allow competitors to develop strategies to steal
customers during such periods.

    Summary. For the reasons stated above, EPA proposes to determine
that data elements in this category are CBI under CAA section 114. EPA
solicits comments on this proposed determination, including whether the
data category determination is appropriate as well as whether the
appropriate data elements were assigned to this category.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993),
the proposed amendments to 40 CFR part 2 are a ``significant regulatory
action'' because they raise novel legal or policy issues. Accordingly,
EPA submitted this action to the Office of Management and Budget (OMB)
for review under EO 12866 and any changes made in response to OMB
recommendations have been documented in the docket for this action.

B. Paperwork Reduction Act

    The proposed amendments to 40 CFR part 2 do not impose any new
information collection burden. The amendments are administrative and do
not increase the recordkeeping and reporting burden associated with
Part 98. However, the Office of Management and Budget (OMB) has
previously approved the information collection requirements contained
in the existing Part 98 regulations under the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB
control number 2060-0629. The OMB control numbers for EPA's regulations
in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
    For purposes of assessing the impacts of the proposed amendments on
small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administration's regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field. This definition of small entity is
consistent with the definition of small entity used for Part 98.
    After considering the economic impacts of today's proposed
amendments on small entities, I certify that this action will not have
a significant economic impact on a substantial number of small
entities. The small entities directly regulated by Part 98 and affected
by the proposed amendments to 40 CFR part 2 include small businesses
across all sectors of the economy encompassed by Part 98, small
governmental jurisdictions, and small non-profits. An analysis of
impacts on small entities was conducted at promulgation of Part 98 and
the results are presented in the Section VIII.C of the preamble to the
final rule (74 FR 56369, October 30, 2009). That analysis found that
there was not a significant impact on a substantial number of small
entities. The proposed amendments to 40 CFR part 2 are administrative
in nature and do not increase the costs for small entities to comply
with Part 98. Therefore, the proposed amendments do not have an impact
on small entities. For discussion of EPA's outreach/consultation
efforts with small entities on Part 98, see Section VIII of the
preamble to the final rule (74 FR 56369).
    EPA continues to be interested in the potential impacts of the
proposed rule amendments on small entities and welcomes comments on
issues related to such impacts.

D. Unfunded Mandates Reform Act (UMRA)

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538, requires Federal agencies, unless otherwise
prohibited by law, to assess the effects of their regulatory actions on
State, local, and Tribal governments and the private sector. Federal
agencies must also develop a plan to provide notice to small
governments that might be significantly or uniquely affected by any
regulatory requirements. The plan must enable officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates and must inform, educate, and advise small
governments on compliance with the regulatory requirements.
    The proposed amendments to 40 CFR part 2 do not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and Tribal governments, in the aggregate, or the private
sector in any one year. The proposed amendments are administrative in
nature and do not increase the costs for facilities to comply with Part
98. Thus, the proposed amendments are not subject to the requirements
of sections 202 or 205 of UMRA.

    In developing Part 98, EPA consulted with small governments
pursuant to a plan established under section 203 of UMRA to address
impacts of regulatory requirements in the rule that might significantly
or uniquely affect small governments. For a summary of EPA's
consultations with State and/or local officials or other
representatives of State and/or local governments in developing Part
98, see Section VIII of the preamble to the final rule (74 FR 56370).

E. Executive Order 13132: Federalism

    The proposed amendments to 40 CFR part 2 do not have federalism
implications. They will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in EO 13132. However, for a
more detailed discussion about how Part 98 relates to existing State
programs, please see Section II of the preamble to the final rule (74
FR 56266).
    The proposed amendments to 40 CFR part 2 are administrative in
nature and apply to data reported under Part 98. The entities affected
by Part 98 are facilities that supply fuel or chemicals that when used
emit GHGs or facilities that directly emit greenhouses gases. Part 98
does not apply to governmental entities unless the government entity
owns a facility that directly emits GHGs above threshold levels such as
a landfill or large stationary combustion source, so relatively few
government facilities would be affected. The proposed amendments to 40
CFR part 2 also do not limit the power of States or localities to
collect GHG data and/or regulate GHG emissions. Thus, EO 13132 does not
apply to this rule.
    In the spirit of EO 13132, and consistent with EPA policy to
promote communications between EPA and State and local governments, EPA
specifically solicits comments on proposed amendments from State and
local officials. For a summary of EPA's consultations with State and
local organizations and representatives in developing Part 98, see
Section VIII of the preamble to the final rule (74 FR 56370).

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    The proposed amendments to 40 CFR part 2 are not expected to have
Tribal implications, as specified in EO 13175 (65 FR 67249, November 9,
2000), because they are administrative in nature. Thus, EO 13175 does
not apply to the proposed amendments. For a summary of EPA's
consultations with Tribal governments and representatives in developing
Part 98, see Section VIII.F of the preamble to the final rule (74 FR
56371).

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This action is not subject to EO
13045 because it does not establish an environmental standard intended
to mitigate health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in EO
13211 (66 FR 28355 (May 22, 2001)), because it is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy. The proposed amendments to 40 CFR part 2 are administrative in
nature and therefore do not affect energy supply, distribution, or use.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    EO 12898 (59 FR 7629 (Feb. 16, 1994)) establishes Federal executive
policy on environmental justice. Its main provision directs Federal
agencies, to the greatest extent practicable and permitted by law, to
make environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
U.S.
    EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The proposed amendments to 40 CFR part 2 are
administrative in nature and therefore do not affect the level of
protection provided to human health or the environment.

IV. Next Steps

    EPA will summarize and respond to public comments on this action.
EPA will issue a final action that will outline which categories of
data submitted under Part 98 are considered to be emission data and
must be available to the public pursuant to CAA section 114(c). In
addition, for categories of data that are not determined to be
``emission data,'' the final action will outline which data categories
will be released to the public because they do not meet the criteria
for confidential treatment and which data categories will be treated as
confidential.

List of Subjects in 40 CFR Part 2

    Environmental protection, Administrative practice and procedure,
Reporting and recordkeeping requirements.

    Dated: June 28, 2010.
Lisa P. Jackson,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is proposed to be amended as follows:

PART 2--[AMENDED]

    1. The authority citation for part 2 continues to read as follows:

    Authority: 5 U.S.C. 301, 552 (as amended), 553; secs. 114, 301
and 307, Clean Air Act (as amended) (42 U.S.C. 7414, 7601, 7607).

Subpart B--[Amended]

    2. Section 2.301 is amended by revising paragraph (c) and adding
paragraph (d) to read as follows:

Sec.  2.301  Special rules governing certain information obtained under
the Clean Air Act.

* * * * *
    (c) Basic rules that apply without change. Except as otherwise
provided in paragraph (d) of this section, Sec. Sec.  2.201 through
2.207, Sec.  2.209, and Sec. Sec.  2.211 through 2.215 apply without
change to information to which this section applies.
    (d) Data submitted under 40 CFR part 98. (1) Sections 2.201 through
2.215 do not apply to data submitted under 40 CFR part 98 that EPA has
determined, pursuant to section 114(c) of the Clean Air Act and 5
U.S.C. 553(c), to be either of the following:
    (i) Emission data.
    (ii) Data not otherwise entitled to confidential treatment pursuant
to section 114(c) of the Clean Air Act.
    (2) Except as otherwise provided in paragraphs (d)(2) and (d)(4) of
this section, Sec. Sec.  2.201 through 2.215 do not apply to data
submitted under 40 CFR part 98 data that EPA has determined, pursuant
to section 114(c) of the Clean Air Act and 5 U.S.C. 553(c), to be
entitled to confidential treatment. EPA shall treat that information as
confidential in accordance with the provisions of Sec.  2.211, subject
to paragraph (d)(4) of this section and Sec.  2.209.
    (3) Upon receiving a request under 5 U.S.C. 552 for data submitted
under 40 CFR part 98 that EPA has determined, pursuant to section
114(c) of the Clean Air Act and 5 U.S.C. 553(c), to be entitled to
confidential treatment, the EPA office shall furnish the requestor a
notice that the information has been determined to be entitled to
confidential treatment and that the request is therefore denied. The
notice shall include or cite to the appropriate EPA determination.
    (4) Modification of prior confidentiality determination. A
determination made pursuant to section 114(c) of the Clean Air Act and
5 U.S.C. 553(c) that information submitted under 40 CFR part 98 is
entitled to confidential treatment shall continue in effect unless,
subsequent to the confidentiality determination, EPA takes one of the
following actions:
    (i) EPA determines, pursuant to section 114(c) of the Clean Air Act
and 5 U.S.C. 553(c), that the information is emission data or data not
otherwise entitled to confidential treatment under section 114(c) of
the Clean Air Act.
    (ii) The Office of General Counsel issues a final determination,
based on the criteria in Sec.  2.208, stating that the information is
no longer entitled to confidential treatment because of change in the
applicable law or newly-discovered or changed facts. Prior to making
such final determination, EPA shall afford the business an opportunity
to submit comments on pertinent issues in the manner described by
Sec. Sec.  2.204(e) and 2.205(b). If, after consideration of any timely
comments submitted by the business, the Office of General Counsel makes
a revised final determination that the information is not entitled to
confidential treatment under section 114(c) of the Clean Air Act, EPA
will notify the business in accordance with the procedures described in
Sec.  2.205(f)(2).
* * * * *
[FR Doc. 2010-16317 Filed 7-6-10; 8:45 am]
BILLING CODE 6560-50-P


  SEQ CHAPTER \h \r 1 Form for Compliance with E.O. 12866 Docket
Requirements

Title of Regulation:     Public Health and Environmental Radiation
Protection Standards for Yucca Mountain, NV (40 CFR part 197 – final
amendments)

Contact person:    Ray Clark, Office of Radiation and Indoor Air,
Radiation Protection Division

Phone number:<PHONE_NUMBER>

Was this regulation reviewed by OMB under Executive Order  12866 -
Regulatory Planning and Review?

Yes          No

If you checked “no”, you are done with this form.  Simply place it
in the docket for your regulation.  If you checked “yes”, please
fill out the remainder of the form before placing it in the docket.
Also docket any relevant documents referenced in the form.

For regulations that are checked “Yes” above:

This regulation was reviewed by OMB under Executive Order  12866 -
Regulatory Planning and Review.

Attached is the draft regulation and any other documents sent to OMB for
review, such as analyses and assessments.   E.O. 12866 requires agencies
to make these publicly available.

E.O. 12866 also requires agencies to identify the substantive changes
between the draft regulation sent to OMB for review and the regulation
subsequently announced  [Please check the appropriate box below:]

  XX    	EPA made substantive changes to this regulation

(includes changes initiated by EPA or OMB).

Attached is a document which: (1) identifies all the substantive changes
made, and (2) notes those changes OMB suggested or recommended.

        	No substantive changes were made to this regulation

	Therefore, no further attachments are required.

If you have questions about this regulation, please call the EPA contact
person listed above.

 Memorandum to File

Date:		September 30, 2008

To:		Docket No. EPA-HQ-OAR-2005-0083:

Public Health and Environmental Radiation Protection Standards for Yucca
Mountain, NV (40 CFR part 197 – final amendments)

From:		Ray Clark

Office of Radiation and Indoor Air

Radiation Protection Division

Subject:	Executive Order 12866 Review – Substantive Changes to Draft
Regulation

As required by Executive Order 12866, “Regulatory Planning and
Review,” Federal agencies are required to identify substantive changes
to draft regulations submitted for review by the Office of Management
and Budget.  Listed below are the substantive changes to the amendments
to 40 CFR part 197, which were submitted in draft form to OMB in
December, 2006.  Attached are copies of the draft regulation submitted
to OMB and the final regulation signed by the Administrator.

The substantive changes are:

1.  Change of the peak dose individual-protection standard applicable
beyond 10,000 years after disposal and up to 1 million years after
disposal.  The draft regulation included a peak dose standard of 3.5
millisieverts per year (mSv/yr) (350 millirem per year (mrem/yr).  The
final regulation includes a peak dose standard of 1 mSv/yr (100
mrem/yr).

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ࠀpercentile value.  The final regulation specifies use of the
arithmetic mean without conditions or restrictions.

3.  Specifying that the Nuclear Regulatory Commission (NRC), as the
licensing authority, may require the Department of Energy (DOE) to
assess the effects of seismic activity on the ground-water table.  The
draft regulation specified that NRC would conduct such an analysis.


[Federal Register Volume 84, Number 200 (Wednesday, October 16, 2019)]
[Notices]
[Pages 55307-55308]
[FR Doc No: 2019-22524]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP19-515-000]

Notice of Application; Sabine Pass Liquefaction, LLC, Sabine Pass
LNG, L.P.

    Take notice that on September 27, 2019, Sabine Pass Liquefaction,
LLC (Sabine Pass Liquefaction) and Sabine Pass LNG, L.P. (Sabine Pass
LNG), 700 Milam Street, Suite 1900, Houston, TX 77002, filed an
application under section 3(a) of the Natural Gas Act for an amendment
to the authorizations granted by the Commission on April 16, 2012, in
Docket No. CP11-72-000, as amended, which authorized the Sabine Pass
Liquefaction Project in Cameron Parish, Louisiana (Liquefaction
Project), and the authorization granted by the Commission on April 6,
2015, in Docket No. CP13-552-000, which authorized an expansion of the
Liquefaction Project (Liquefaction Expansion Project).
    Specifically, Sabine Pass Liquefaction and Sabine Pass LNG request
authorization to increase the total liquefied natural gas production
capacity of the Liquefaction Project and the Liquefaction Expansion
Project from approximately 1,509 billion cubic feet per year (Bcf/y) to
1,661.94 Bcf/y, all as more fully set forth in the application which is
on file with the Commission and open to public inspection. The filing
is available for review at the Commission in the Public Reference Room
or may be viewed on the Commission's website at http://www.ferc.gov
using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document. For
assistance, contact FERC at<EMAIL_ADDRESS>or call toll-
free,<PHONE_NUMBER> or TTY,<PHONE_NUMBER>.
    Any questions regarding this application may be directed to Karri
Mahmoud, Cheniere Energy, Inc. 700 Milam Street, Suite 1900, Houston,
Texas 77002, by telephone at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules (18 CFR 157.9),
within 90 days of this Notice, the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the EA for this proposal. The filing of the EA in the Commission's
public record for this proceeding or the issuance of a Notice of
Schedule for Environmental Review will serve to notify federal and
state agencies of the timing for the completion of all necessary
reviews, and the subsequent need to complete all federal authorizations
within 90 days of the date of issuance of the Commission staff's EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 3 copies of filings made with the Commission and must provide a
copy to the applicant and to every other party. Only parties to the
proceeding can ask for court review of Commission orders in the
proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's

environmental mailing list, and will be notified of any meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission and will not have the right to seek court review of the
Commission's final order.
    As of the February 27, 2018 date of the Commission's order in
Docket No. CP16-4-001, the Commission will apply its revised practice
concerning out-of-time motions to intervene in any new Natural Gas Act
section 3 or section 7 proceeding.\1\ Persons desiring to become a
party to a certificate proceeding are to intervene in a timely manner.
If seeking to intervene out-of-time, the movant is required to show
good cause why the time limitation should be waived, and should provide
justification by reference to factors set forth in Rule 214(d)(1) of
the Commission's Rules and Regulations.\2\
---------------------------------------------------------------------------

    \1\ Tennessee Gas Pipeline Company, L.L.C., 162 FERC 61,167 at
50 (2018).
    \2\ 18 CFR 385.214(d)(1).
---------------------------------------------------------------------------

    The Commission strongly encourages electronic filings of comments,
protests, and interventions in lieu of paper using the eFiling link at
http://www.ferc.gov. Persons unable to file electronically should
submit an original and 3 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426.
    Comment Date: 5:00 p.m. Eastern Time on October 30, 2019.

    Dated: October 9, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-22524 Filed 10-15-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Rules and Regulations]
[Pages 52686-52688]
[FR Doc No: 2022-18578]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0651]
RIN 1625-AA00

Safety Zone; Houston Ship Channel, Houston, TX

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 1,000 foot radius of the deadship tow of the
Battleship Texas while it transits from its current location at San
Jacinto Park on the Houston Ship Channel to its drydock location on the
Galveston Channel. The safety zone is needed to ensure the safety of
other waterway users. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Houston-Galveston. Tug and barge traffic will be authorized to transit
through the safety zone in the barge lanes, with no meeting or
overtaking of other tug and barge traffic, with Vessel Traffic Service
approval.

DATES: This rule is effective from 6 a.m. through 9 p.m. on August 31,
2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0651 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Christopher Morgan, Sector Houston-Galveston
Waterways Management Division, U.S. Coast Guard; telephone 281-464-
4780, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The Coast Guard
must establish this safety zone by August 31, 2022, and lacks
sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with towing a World War I era vessel down the Houston Ship Channel and
Galveston Channel.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Houston-
Galveston (COTP) has determined that potential hazards associated with
the deadship tow of the Battleship Texas on August 31, 2022 in the
Houston Ship Channel and Galveston Channel, will be a safety concern
for anyone within the area of the transit. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within these areas during the deadship tow.

IV. Discussion of the Rule

    This rule establishes a safety zone from 6 a.m. until 9 p.m. on
August 31, 2022. The safety zone will cover a 1,000 foot radius of the
Battle Ship Texas deadship tow while it transits the Houston Ship
Channel and Galveston Channel. The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters while the deadship tow occurs. No vessel or person
will be permitted to enter the safety zone without obtaining permission
from the COTP or a designated representative. Tug and barge traffic
will be authorized to transit through the safety zone in the barge
lanes, with no meeting or overtaking of other tug and barge traffic,
with Vessel Traffic Service approval.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the duration and
size of the safety zone. The Coast Guard will issue a Broadcast Notice
to Mariners via VHF-FM marine channel 16 about the zone, and the rule
will allow tug and barge traffic to seek permission to enter the zone
while the tow is underway.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In

particular, the Act addresses actions that may result in the
expenditure by a State, local, or tribal government, in the aggregate,
or by the private sector of $100,000,000 (adjusted for inflation) or
more in any one year. Though this rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone encompassing a 1,000 foot radius of the Battleship Texas
while it is under tow within the Houston Ship Channel and Galveston
Channel. It is categorically excluded from further review under
paragraph L60a of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

    Harbours, Marine safety, Navigation, Reporting and recordkeeping
requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T08-0651 to read as follows:

Sec.  165.T08-0651   Safety Zone; Houston Ship Channel, Houston, TX.

    (a) Location. The following area is a safety zone during specified
conditions: All navigable waters within a 1,000 foot radius of the
deadship tow of the Battleship Texas while the vessel transits the
Houston Ship Channel and Galveston Channel.
    (b) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the Captain of the
Port Houston-Galveston (COTP) or the COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by<PHONE_NUMBER>, or email at [email protected]. Those
in the safety zone must comply with all lawful orders or directions
given to them by the COTP or the COTP's designated representative.
    (3) Tug and barge traffic will be authorized to transit through the
safety zone in the barge lanes, with no meeting or overtaking of other
tug and barge traffic, with Vessel Traffic Service approval.
    (c) Enforcement period. The safety zone remains in effect from 6
a.m. until 9 p.m. on August 31, 2022, until the Battleship Texas is
moored at the drydock facility on the Galveston Channel.

    Dated: August 22, 2022.
J.E. Smith,
Captain, U.S. Coast Guard, Captain of the Port, Houston-Galveston.
[FR Doc. 2022-18578 Filed 8-26-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 98 (Wednesday, May 21, 2014)]
[Rules and Regulations]
[Pages 29099-29100]
[FR Doc No: 2014-11799]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0302]

Safety Zone; Lights on the Lake Fourth of July Fireworks, South
Lake Tahoe, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone for the Lights on
the Lake Fourth of July Fireworks display, South Lake Tahoe, CA in the
Captain of the Port, San Francisco area of responsibility during the
dates and times noted below. This action is necessary to protect life
and property of the maritime public from the hazards associated with
the fireworks display. During the enforcement period, unauthorized
persons or vessels are prohibited from entering into, transiting
through, or anchoring in the safety zone, unless authorized by the
Patrol Commander (PATCOM).

DATES: The regulations in 33 CFR 165.1191, Table 1, Item number 18,
will be enforced from 9 a.m. on July 3, 2014 through 10:20 p.m. on July
4, 2014.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Lieutenant Junior Grade William Hawn, U.S. Coast Guard
Sector San Francisco; telephone<PHONE_NUMBER> or email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a safety zone
in navigable waters around and under the fireworks barges within a
radius of 100 feet during the loading, transit, and arrival of the
fireworks barges to the display location and until the start of the
fireworks display. From 9 a.m. on

July 3, 2014 until 9 a.m. on July 4, 2014, the fireworks barges will be
loading pyrotechnics in Tahoe Keys Marina, South Lake Tahoe, CA in
approximate position 38[deg]56'05'' N, 120[deg]00'09'' W (NAD 83). From
9 a.m. to 12 p.m. on July 4, 2014, the loaded fireworks barges will
transit from Tahoe Keys Marina to the launch site near South Lake
Tahoe, CA in approximate position 38[deg]55'33'' N, 119[deg]57'30'' W
(NAD 83). The fireworks barge will remain at the launch site until the
completion of the scheduled fireworks display. Upon the commencement of
the 22 minute fireworks display, scheduled to begin at 9:45 p.m. on
July 4, 2014, the safety zone will increase in size to encompass the
navigable waters around and under the fireworks barges within a radius
1,000 feet in approximate position 38[deg]55'33'' N, 119[deg]57'30'' W
(NAD 83) for the Lights on the Lake Fourth of July Fireworks, South
Lake Tahoe, CA in 33 CFR 165.1191, Table 1, Item number 18. This safety
zone will be in effect from 9 a.m. on July 3, 2014 until 10:20 p.m. on
July 4, 2014.
    Under the provisions of 33 CFR 165.1191, unauthorized persons or
vessels are prohibited from entering into, transiting through, or
anchoring in the safety zone during all applicable effective dates and
times, unless authorized to do so by the PATCOM. Additionally, each
person who receives notice of a lawful order or direction issued by an
official patrol vessel shall obey the order or direction. The PATCOM is
empowered to forbid entry into and control the regulated area. The
PATCOM shall be designated by the Commander, Coast Guard Sector San
Francisco. The PATCOM may, upon request, allow the transit of
commercial vessels through regulated areas when it is safe to do so.
    This notice is issued under authority of 33 CFR 165.1191 and 5
U.S.C. 552(a). In addition to this notice in the Federal Register, the
Coast Guard will provide the maritime community with extensive advance
notification of the safety zone and its enforcement period via the
Local Notice to Mariners.
    If the Captain of the Port determines that the regulated area need
not be enforced for the full duration stated in this notice, a
Broadcast Notice to Mariners may be used to grant general permission to
enter the regulated area.

    Dated: April 23, 2014.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2014-11799 Filed 5-20-14; 8:45 am]
BILLING CODE 9110-04-P