[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Pages 56105-56106]
[FR Doc No: 2017-25521]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2017-0042]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 43 individuals from the
prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs)
against persons with insulin-treated diabetes mellitus (ITDM) from
operating a commercial motor vehicle (CMV) in interstate commerce. The
exemptions enable these individuals with ITDM to operate CMVs in
interstate commerce.

DATES: The exemptions were applicable on September 26, 2017. The
exemptions expire on September 26, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

II. Background

    On August 24, 2017, FMCSA published a notice announcing receipt of
applications from 43 individuals requesting an exemption from diabetes
requirement in 49 CFR 391.41(b)(3) and requested comments from the
public (82 FR 40215). The public comment period ended on September 25,
2017, and one comment was received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to or greater than the level that
would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).
    The physical qualification standard for drivers regarding diabetes
found in 49 CFR 391.41(b)(3) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control.

III. Discussion of Comments

    FMCSA received one comment in this proceeding. Vicky Johnson stated
that Minnesota DVS has no objections in granting exemptions to the
following Minnesota drivers: Bradley S. Hanson, Mutasim S. Mohamed, and
Jacob T. Streifel.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. The exemption allows the applicants
to operate CMVs in interstate commerce.
    The Agency's decision regarding these exemption applications is
based on the program eligibility criteria and an individualized
assessment of information submitted by each applicant. The
qualifications, experience, and medical condition of each applicant
were stated and discussed in detail in the August 24, 2017, Federal
Register notice (82 FR 40215) and will not be repeated in this notice.
    These 43 applicants have had ITDM over a range of one to 29 years.
These applicants report no severe hypoglycemic reactions resulting in
loss of consciousness or seizure, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning symptoms, in the past 12 months and no recurrent (two
or more) severe hypoglycemic episodes in the past five years. In each
case, an endocrinologist verified that the driver has demonstrated a
willingness to properly monitor and manage his/her diabetes mellitus,
received education related to diabetes management, and is on a stable
insulin regimen. These drivers report no other disqualifying
conditions, including diabetes related complications. Each meets the
vision requirement at 49 CFR 391.41(b)(10).
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is
likely to achieve a level of safety equal to that existing without the
exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and includes the following: (1)
Each driver must submit a quarterly monitoring checklist completed by
the treating endocrinologist as well as an annual checklist with a
comprehensive medical evaluation; (2) each driver must report within
two business days of occurrence, all episodes of severe hypoglycemia,
significant complications, or inability to manage diabetes; also, any
involvement in an accident or any other adverse event in a CMV or
personal vehicle, whether or not it is related to an episode of
hypoglycemia; (3) each driver must provide a copy of the
ophthalmologist's or optometrist's report to the Medical Examiner at
the time of the annual medical examination; and (4) each driver must
provide a copy of the annual medical certification to the employer for
retention in the driver's qualification file, or keeping a copy in his/
her driver's qualification file if he/she is self-employed. The driver
must also have a copy of the exemption when driving, for presentation
to a duly authorized Federal, State, or local enforcement official.

VI. Preemption

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

VII. Conclusion

    Based upon its evaluation of the 43 exemption applications, FMCSA
exempts the following drivers from the diabetes requirement in 49 CFR
391.41(b)(10), subject to the requirements cited above:

David G. Anderton (AK)
John N. Bailey, III (FL)

Wells R. Betts (DE)
Clyde R. Bigam, Jr. (KS)
Sten R. Brote (MA)
Michele D. Budrys (MA)
Keith P. Burk (PA)
Robert E. Conner (OH)
George L. Coombs, Jr. (NH)
Isaiah B. Deal (ND)
James M. Doiron (FL)
Daniel T. Gazalie (PA)
Gary V. Grimm (CA)
Joe A. Gritten (IN)
Bradley S. Hanson (MN)
Paul F. Herburger (IA)
Robert H. Hopper (MO)
Rhonda V. Howe (PA)
Melvin L. Hutcheson (AL)
Tyler W. Keel (TX)
Wyatt E.S. Kitchens (GA)
Gerald A. Korkow (SD)
Richard B. Maurer (PA)
James M. McDonald (IA)
Mutasim Y.S. Mohamed (MN)
Paul S. Montell (PA)
James R. Pemberton (NJ)
Charles E. Perdue, Jr. (OH)
Christopher L. Recla (WI)
Jon C. Reeves (OR)
Hermes L. Rios (MD)
Abimael Rodriguez (CA)
Dustin A. Rudolfi (PA)
Jose A. Sanchez (CO)
James A. Schmidt (MO)
Jacob T. Sigmon (IL)
David C. Stouffer (PA)
Jacob T. Streifel (MN)
Jason M. Townsend (OH)
Johann J. Trana (ND)
Jacob C. Villa (OR)
Raymond R. Wade (IN)
Edwin M. Yereance (NJ)

    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for two years from the effective date unless revoked
earlier by FMCSA. The exemption will be revoked if the following
occurs: (1) The person fails to comply with the terms and conditions of
the exemption; (2) the exemption has resulted in a lower level of
safety than was maintained prior to being granted; or (3) continuation
of the exemption would not be consistent with the goals and objectives
of 49 U.S.C. 31136(e) and 31315.

    Issued on: November 17, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-25521 Filed 11-24-17; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: June 18, 2010 (Volume 75, Number 117)]
[Notices]
[Page 34725-34726]
[DOCID:fr18jn10-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13795-000]

Preliminary Permit Application Accepted for Filing and Soliciting
Comments, Motions To Intervene, and Competing Applications; Mahoning
Hydropower, LLC

June 10, 2010.
    On May 25, 2010, Mahoning Hydropower, LLC filed an application,
pursuant to section 4(f) of the Federal Power Act, proposing to study
the feasibility of the Mahoningside Hydroelectric Project No. 13795, to
be located at the existing Warren-Summit Street Dam on the Mahoning
River, in the City of Warren in Trumbull County, Ohio. The Warren-
Summit Street Dam is owned and operated by the City of Warren.
    The proposed project would consist of: (1) The existing low head
gravity dam 12 feet in height, with an approximate spillway crest
length of 175 feet; (2) two new tubular S-Type propeller turbine-
generator units with a combined capacity of 310 kilowatts; (3) a new
powerhouse to be located near the right abutment of the existing filter
house; (4) a new tailrace; (5) a new 350 foot-long, 600-Volt
alternating current, transmission line; and (6) appurtenant facilities.
The project would have an estimated annual generation of 1,800
megawatt-hours.
    Applicant Contact: Anthony J. Marra III, 11365 Normandy Lane,
Auburn Township, OH 44023,<PHONE_NUMBER>.
    FERC Contact: Tyrone A. Williams,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, and competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance date of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Website
(http://www.ferc.gov/docs-filing/ferconline.asp) under the ``eFiling''
link. For a simpler method of submitting text only comments, click on
``Quick Comment.'' For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>call toll-free at<PHONE_NUMBER>; or,
for TTY, contact<PHONE_NUMBER>. Although the Commission strongly
recommends electronic filing, documents may also be paper-filed. To
paper-file, an original and eight copies should be mailed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426. For more information on how to
submit these types of filings please go to the Commission's Web site
located at http://www.ferc.gov/filing-comments.asp.
    More information about this project, including a copy of the
application can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13795) in the docket number field to

access the document. For assistance, contact FERC Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-14721 Filed 6-17-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 14, 2006 (Volume 71, Number 240)]
[Notices]
[Page 75240]
[DOCID:fr14de06-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL07-19-000]

City of Azusa, CA; Notice of Filing

December 7, 2006.
    Take notice that on December 1, 2006, the City of Azusa, California
tendered for filing its fourth annual revision to its Transmission
Revenue Balancing Account Adjustment.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on January 2, 2007.

Magalie R. Salas,
Secretary.
[FR Doc. E6-21246 Filed 12-13-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 66 (Wednesday, April 6, 2022)]
[Notices]
[Pages 19967-19969]
[FR Doc No: 2022-07297]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2022-0002]

Final Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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SUMMARY: Flood hazard determinations, which may include additions or
modifications of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where
applicable, in the supporting Flood Insurance Study (FIS) reports have
been made final for the communities listed in the table below. The FIRM
and FIS report are the basis of the floodplain management measures that
a community is required either to adopt or to show evidence of having
in effect in order to qualify or remain qualified for participation in
the Federal Emergency Management Agency's (FEMA's) National Flood
Insurance Program (NFIP).

DATES: The date of June 15, 2022 has been established for the FIRM and,
where applicable, the supporting FIS report showing the new or modified
flood hazard information for each community.

ADDRESSES: The FIRM, and if applicable, the FIS report containing the
final flood hazard information for each community is available for
inspection at the respective Community Map

Repository address listed in the tables below and will be available
online through the FEMA Map Service Center at https://msc.fema.gov by
the date indicated above.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the new or
modified flood hazard information for each community listed.
Notification of these changes has been published in newspapers of local
circulation and 90 days have elapsed since that publication. The Deputy
Associate Administrator for Insurance and Mitigation has resolved any
appeals resulting from this notification.
    This final notice is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the new or revised FIRM and FIS report available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.
    The flood hazard determinations are made final in the watersheds
and/or communities listed in the table below.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Madison County, Georgia and Incorporated Areas
                         Docket No.: FEMA-B-2110
------------------------------------------------------------------------
Madison County Unincorporated Areas....  Madison County Government
                                          Courthouse, Building and
                                          Zoning Office, 91 Albany
                                          Avenue, Danielsville, GA
                                          30633.
------------------------------------------------------------------------
            Oglethorpe County, Georgia and Incorporated Areas
                         Docket No.: FEMA-B-2110
------------------------------------------------------------------------
City of Maxeys.........................  Maxeys City Hall, 369 South
                                          Main Street, Stephens, GA
                                          30667.
Unincorporated Areas of Oglethorpe       Oglethorpe County Board of
 County.                                  Commissioners Office, 105
                                          Union Point Road, Lexington,
                                          GA 30648.
------------------------------------------------------------------------
             Hendricks County Indiana and Incorporated Areas
                         Docket No.: FEMA-B-2104
------------------------------------------------------------------------
Town of Avon...........................  Town Hall Offices, 6570 East US
                                          Highway 36, Avon, IN 46123.
Unincorporated Areas of Hendricks        Hendricks County Government
 County.                                  Center, 355 South Washington
                                          Street, Danville, IN 46122.
------------------------------------------------------------------------
               Monona County, Iowa and Incorporated Areas
                         Docket No.: FEMA-B-2112
------------------------------------------------------------------------
City of Blencoe........................  City Hall, 413 Main Street,
                                          Blencoe, IA 51523.
City of Castana........................  City Hall, 103 3rd Street,
                                          Castana, IA 51010.
City of Mapleton.......................  City Hall, 513 Main Street,
                                          Mapleton, IA 51034.
City of Moorhead.......................  City Hall, 100 Oak Street,
                                          Moorhead, IA 51558.
City of Onawa..........................  City Hall, 914 Diamond Street,
                                          Onawa, IA 51040.
City of Rodney.........................  City Hall, 219 Main Street,
                                          Rodney, IA 51051.
City of Soldier........................  City Hall, 108 Oak Street,
                                          Soldier, IA 51572.
City of Turin..........................  City Hall, 302 Highway 175,
                                          Turin, IA 51040.
City of Ute............................  City Hall, 130 East Main
                                          Street, Ute, IA 51060.
City of Whiting........................  City Hall, 605 Whittier Street,
                                          Whiting, IA 51063.
Omaha Tribe of Nebraska................  Omaha Tribe of Nebraska
                                          Administration Building, 101
                                          Main Street, Macy, NE 68039.
Unincorporated Areas of Monona County..  Monona County Courthouse, 610
                                          Iowa Avenue, Onawa, IA 51040.
------------------------------------------------------------------------
               Ellis County, Kansas and Incorporated Areas
                         Docket No.: FEMA-B-2068
------------------------------------------------------------------------
City of Ellis..........................  Municipal Offices, 815
                                          Jefferson Street, Ellis, KS
                                          67637.
City of Hays...........................  City Hall, 1507 Main Street,
                                          Hays, KS 67601.
City of Schoenchen.....................  Ellis County Administrative
                                          Center, 718 Main Street, Hays,
                                          KS 67601.
City of Victoria.......................  City Hall, 1005 4th Street,
                                          Victoria, KS 67671.
Unincorporated Areas of Ellis County...  Ellis County Administrative
                                          Center, 718 Main Street, Hays,
                                          KS 67601.
------------------------------------------------------------------------
               Lyon County, Kansas and Incorporated Areas
                         Docket No.: FEMA-B-2068
------------------------------------------------------------------------
City of Allen..........................  City Hall, 4 West 5th Street,
                                          Allen, KS 66833.
City of Americus.......................  City Hall, 604 Main Street,
                                          Americus, KS 66835.
City of Emporia........................  City Hall, 111 East 6th Avenue,
                                          Emporia, KS 66801.
City of Neosho Rapids..................  City Hall, 238 North Main
                                          Street, Neosho Rapids, KS
                                          66864.

City of Olpe...........................  City Hall, 102 Westphalia
                                          Street, Olpe, KS 66865.
City of Reading........................  City Hall, 613 1st Street,
                                          Reading, KS 66868.
Unincorporated Areas of Lyon County....  Lyon County Courthouse, 430
                                          Commercial Street, Emporia, KS
                                          66801.
------------------------------------------------------------------------
               Arenac County, Michigan (All Jurisdictions)
                         Docket No.: FEMA-B-2075
------------------------------------------------------------------------
City of Au Gres........................  City Hall, 124 West Huron Road,
                                          Au Gres, MI 48703.
Township of Arenac.....................  Arenac Township Hall, 2596
                                          Arenac State Road, Standish,
                                          MI 48658.
Township of Au Gres....................  Township Hall, 1865 South
                                          Swenson Road, Au Gres, MI
                                          48703.
Township of Sims.......................  Sims Township Office, 4489 East
                                          Huron Road, Au Gres, MI 48703.
Township of Standish...................  Township Hall, 4997 Arenac
                                          State Road, Standish, MI
                                          48658.
Township of Whitney....................  Whitney Township Hall, 1515
                                          North Huron Road, Tawas City,
                                          MI 48763.
------------------------------------------------------------------------
               Iosco County, Michigan (All Jurisdictions)
                         Docket No.: FEMA-B-2075
------------------------------------------------------------------------
City of East Tawas.....................  East Tawas Community Center,
                                          760 Newman Street, East Tawas,
                                          MI 48730.
City of Tawas City.....................  City Hall, 550 West Lake
                                          Street, Tawas City, MI 48763.
Township of Alabaster..................  Alabaster Township Hall, 1716
                                          South U.S. 23, Tawas City, MI
                                          48763.
Township of Au Sable...................  Township Hall, 4420 North U.S.
                                          23, Au Sable, MI 48750.
Township of Baldwin....................  Baldwin Township Hall, 1119
                                          Monument Road, Tawas City, MI
                                          48763.
Township of Oscoda.....................  Iosco County Public Safety
                                          Building, 1808 North U.S. 23,
                                          Oscoda, MI 48750.
------------------------------------------------------------------------
             Monmouth County, New Jersey (All Jurisdictions)
                         Docket No.: FEMA-B-1471
------------------------------------------------------------------------
Borough of Deal........................  Borough Hall, 190 Norwood
                                          Avenue, Deal, NJ 07723.
Borough of Rumson......................  Municipal Building, Zoning
                                          Department, 80 East River
                                          Road, Rumson, NJ 07760.
Township of Neptune....................  Township Hall, Construction
                                          Department, 25 Neptune
                                          Boulevard, Neptune, NJ 07753.
------------------------------------------------------------------------
          Craven County, North Carolina and Incorporated Areas
                         Docket No.: FEMA-B-1718
------------------------------------------------------------------------
Unincorporated Areas of Craven County..  Craven County GIS and Mapping
                                          Department, 226 Pollock
                                          Street, New Bern, NC 28560.
------------------------------------------------------------------------
           Hyde County, North Carolina and Incorporated Areas
                  Docket No.: FEMA-B-1718; FEMA B-2072
------------------------------------------------------------------------
Unincorporated Areas of Hyde County....  Hyde County Inspections
                                          Department, 30 Oyster Creek
                                          Road, Swan Quarter, NC 27885.
------------------------------------------------------------------------
           Jones County, North Carolina and Incorporated Areas
                  Docket No.: FEMA-B-1718; FEMA B-2077
------------------------------------------------------------------------
Town of Pollocksville..................  Town Hall, 314 Main Street,
                                          Pollocksville, NC 28573.
------------------------------------------------------------------------
Unincorporated Areas of Jones County...  Jones County Government Office,
                                          418 Highway 58 North, Trenton,
                                          NC 28585.
------------------------------------------------------------------------
          Tyrrell County, North Carolina and Incorporated Areas
                  Docket No.: FEMA-B-1718; FEMA B-2077
------------------------------------------------------------------------
Town of Columbia.......................  Municipal Building, 103 Main
                                          Street, Columbia, NC 27925.
Unincorporated Areas of Tyrrell County.  Tyrrell County Planning
                                          Department, 108 South Water
                                          Street, Columbia, NC 27925.
------------------------------------------------------------------------

[FR Doc. 2022-07297 Filed 4-5-22; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: July 15, 2009 (Volume 74, Number 134)]
[Notices]
[Page 34389]
[DOCID:fr15jy09-136]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Aviation Proceedings, Agreements Filed the Week Ending July 4,
2009

    The following Agreements were filed with the Department of
Transportation under Sections 412 and 414 of the Federal Aviation Act,
as amended (49 U.S.C. 1382 and 1384) and procedures governing
proceedings to enforce these provisions. Answers may be filed within 21
days after the filing of the application.
    Docket Number: DOT-OST-2009-0150.
    Date Filed: June 29, 2009.
    Parties: Members of the International Air Transport Association.
    Subject: Mail Vote Number S 086. Departure Control Guidelines for
Secure Flight (RPs 1707b, 1708, 1715, 1719 and 1719b).
    Intended effective date: 1 June 2009.

Renee V. Wright,
Program Manager, Docket Operations, Federal Register Liaison.
 [FR Doc. E9-16752 Filed 7-14-09; 8:45 am]


Farm ID # _______________

Methyl Bromide Critical Use Exemption Enterprise Budget Work Sheets Alternatives Strawberry  Single Crop Yield Cartons Per Acre IFAS Average 2,156 Farm Information Cost Information IFAS Farm Information Acre Carton Acre Carton Pre Harvest Production Costs:

Fertilizer 343.75 Fumigant 847.00 Crop Protection Materials 1,466.80 Transplants/ Seeds 1,700.00 Stakes Plastic String Plastic Mulch/ Irrigation Tubing 639.99 Frost Protection Machinery: Irrigation 189.67 Non irrigation 417.16 Plastic Mulch/ Drip Tape Disposal 75.00 Scounting 55.00 Labor Costs: Tractor Drivers 283.59 Direct Labor 401.50 Miscellaneous 277.50 Interest 486.28 Fixed Costs: Land Cost 1,000.00 Supervision Overhead 2,225.09 Total Pre Harvest Production Costs: 10,408.33 $ 4.83 $  $ # DIV/ 0!

Harvesting 4,096.40 $ 1.90 $ # DIV/ 0!

Packing, Selling & Related Overhead 6,123.04 $ 2.84 $ # DIV/ 0!

TOTAL COST: 20,627.77 $ 9.57 $ # DIV/ 0! Farming Costs:

DCTM_ ARP. xls August 3, 2003


[Federal Register: December 28, 2006 (Volume 71, Number 249)]
[Notices]
[Page 78235-78237]
[DOCID:fr28de06-123]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-27608; 812-13208]

Barclays Global Fund Advisors, et al.; Notice of Application

December 21, 2006.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of application to amend certain prior orders under
section 6(c) of the Investment Company Act of 1940 (``Act'') for an
exemption from sections 2(a)(32), 5(a)(1)and 22(d) of the Act and rule
22c-1 under the Act, and under sections 6(c) and 17(b) of the Act for
an exemption from sections 17(a)(1) and (a)(2) of the Act.

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Summary of Application: Applicants request an order to amend a prior
order that permits: (a) An open-end management investment company,
whose series are based on certain fixed income securities indices, to
issue shares of limited redeemability; (b) secondary market
transactions in the shares of the series to occur at negotiated prices;
and (c) affiliated persons of the series to deposit securities into,
and receive securities from, the series in connection with the purchase
and redemption of aggregations of the series' shares (the ``Prior Fixed
Income Order'').\1\ Applicants seek to amend the Prior Fixed Income
Order in order to offer an additional series based on a specified high-
yield bond index (the ``New Fund''). In addition, the order would
delete a condition related to future relief

in the Prior Fixed Income Order and in certain prior orders relating to
other exchange-traded funds offered by iShares Trust (the ``Trust'')
and iShares, Inc. (the ``Corporation,'' together with the Trust, the
``Companies'') (the ``Prior Equity Orders'', together with the Prior
Fixed Income Order, the ``Prior Orders'').\2\
---------------------------------------------------------------------------

    \1\ Barclays Global Fund Advisors, et al., Investment Company
Act Release No. 25622 (June 25, 2002), as subsequently amended by
iShares Trust, et al., Investment Company Act Release No. 26006
(Apr. 15, 2003), Barclays Global Fund Advisors, et al., Investment
Company Act Release No. 26175 (Sept. 8, 2003), and Barclays Global
Fund Advisors, et al., Investment Company Act Release No. 27417
(June 23, 2006).
    \2\ Barclays Global Fund Advisors, et al., Investment Company
Act Rel. No. 24452 (May 12, 2000), iShares Trust, et al., Investment
Company Act Rel. No. 25111 (Aug. 15, 2001) and iShares, Inc., et
al., Investment Company Act Rel. No. 25215 (Oct. 18, 2001), each as
amended by iShares, Inc., et al., Investment Company Act Rel. No.
25623 (June 25, 2002), iShares Trust, et al., Investment Company Act
Rel. No. 26006 (April 15, 2003) and Barclays Global Fund Advisors,
Investment Company Act Rel. No. 26626 (Oct. 5, 2004). Barclays
Global Fund Advisors, et al., Investment Company Act Rel. No. 24451
(May 12, 2000), as amended by iShares, Inc., et al., Investment
Company Act Rel. No. 25623 (June 25, 2002) and iShares Trust, et
al., Investment Company Act Rel. No. 26006 (April 15, 2003).

Applicants: Barclays Global Fund Advisors (the ``Adviser''), the
Corporation, the Trust, and SEI Investments Distribution Co. (the
---------------------------------------------------------------------------
``Distributor'').

Filing Dates: The application was filed on June 30, 2005 and amended on
April 20, 2006 and November 22, 2006.

Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on January 16, 2007, and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090. Applicants: Ira Shapiro,
Barclays Global Fund Advisors, c/o Barclays Global Investors, N.A., 45
Fremont Street, San Francisco, CA 94105; Peter Kronberg, iShares, Inc.
and iShares Trust, c/o Investors Bank & Trust Company, 200 Clarendon
Street, Boston, MA 02116; John Munch, SEI Investments Distribution Co.,
One Freedom Valley Drive, Oaks, PA 19456; and W. John McGuire, Morgan,
Lewis & Bockius LLP, 1111 Pennsylvania Avenue, NW., Washington, DC
20004.

FOR FURTHER INFORMATION CONTACT: Jaea F. Hahn, Senior Counsel, at (202)
551-6870, or Michael W. Mundt, Senior Special Counsel, at (202) 551-
6821 (Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee at the
Commission's Public Reference Branch, 100 F Street, NE, Washington, DC
20549-0102 (tel.<PHONE_NUMBER>).

Applicants' Representations

    1. The Trust is an open-end management investment company
registered under the Act and organized as a Delaware business trust.
The Corporation is an open-end management investment company registered
under the Act and organized as a Maryland corporation. The Trust and
Corporation are organized as series funds with multiple series. The
Adviser, an investment adviser registered under the Investment Advisers
Act of 1940, will serve as investment adviser to the New Fund. The
Distributor, a broker-dealer unaffiliated with the Adviser and
registered under the Securities Exchange Act of 1934 (``Exchange
Act''), will serve as the principal underwriter of the New Fund's
shares.
    2. The Trust is currently permitted to offer several series based
on fixed income securities indices in reliance on the Prior Fixed
Income Order. Applicants seek to amend the Prior Fixed Income Order to
permit the Trust to offer the New Fund that, except as described in the
application, would operate in a manner identical to the existing series
of the Trust that are subject to the Prior Fixed Income Order.\3\
---------------------------------------------------------------------------

    \3\ If the amended order is granted, the New Fund would also be
able to rely on an exemptive order granting certain relief from
section 24(d) of the Act to the existing series of the Trust that
are subject to the Prior Orders. See iShares, Inc., et al.,
Investment Company Act Release No. 25595 25623 (June 25, 2002) as
amended by iShares Trust, et al, Investment Company Act Release No.
26006 (Apr. 15, 2003) (``Prospectus Delivery Order'').
---------------------------------------------------------------------------

    3. The New Fund will invest in a portfolio of securities generally
consisting of the component securities of the iBoxx $ Liquid High Yield
Index (formerly the GS $ HYTop TM Index and the GS $
InvesTop High-Yield Bond Index) (the ``Underlying Index''). The
Underlying Index is a rules-based index designed to reflect the 50 most
liquid and tradable U.S. dollar-denominated high-yield corporate bonds
registered for sale in the U.S. or exempt from registration. No entity
that creates, compiles, sponsors, or maintains the Underlying Index is
or will be an affiliated person, as defined in section 2(a)(3) of the
Act, or an affiliated person of an affiliated person, of the Trust, the
Adviser, the Distributor, or a promoter of the New Fund.
    4. The investment objective of the New Fund will be to provide
investment results that correspond generally to the price and yield
performance of the Underlying Index. The New Fund will utilize as an
investment approach a representative sampling strategy where the New
Fund will seek to hold a representative sample of the component
securities of the Underlying Index. The New Fund generally will invest
at least 90% of its assets in the component securities of the
Underlying Index, but at times may invest up to 20% of its assets in
certain futures, options, and swap contracts, cash and cash
equivalents, and in bonds not included in its Underlying Index which
the Adviser believes will help the New Fund track the Underlying Index.
Applicants state that such high-yield corporate bonds will have pricing
and liquidity characteristics similar to the component securities of
the Underlying Index. Applicants expect that the New Fund will have a
tracking error relative to the performance of its respective Underlying
Index of no more than 5 percent.
    5. Applicants state that the New Fund will comply with the federal
securities laws in accepting a deposit of a portfolio of securities
designed by the Adviser to correspond generally to the price and yield
of the New Fund's Underlying Index (``Deposit Securities'') and
satisfying redemptions with portfolio securities of the New Fund
(``Fund Securities''), including that the Deposit Securities and Fund
Securities are sold in transactions that would be exempt from
registration under the Securities Act of 1933 (the ``Securities
Act'').\4\
---------------------------------------------------------------------------

    \4\ In accepting Deposit Securities and satisfying redemptions
with Fund Securities that are restricted securities eligible for
resale pursuant to rule 144A under the Securities Act, the New Fund
will comply with the conditions of rule 144A, including in
satisfying redemptions with such rule 144A eligible restricted Fund
Securities. The prospectus for the New Fund will also state that an
authorized participant that is not a ``Qualified Institutional
Buyer'' as defined in rule 144A(a)(1) will not be able to receive
Fund Securities for redemption that are restricted securities
eligible for resale under rule 144A.
---------------------------------------------------------------------------

    6. Applicants state that all discussions contained in the
application for the Prior Fixed Income Order are equally applicable to
the New Fund, except as specifically noted by applicants (and
summarized in this notice). Applicants believe that the requested
relief

continues to meet the necessary exemptive standards.

Future Relief

    7. Applicants also seek to amend the Prior Orders to modify the
terms under which the Companies may offer additional series in the
future based on other securities indices (``Future Funds''). The Prior
Fixed Income Order is currently subject to a condition that does not
permit applicants to register any Future Fund by means of filing a
post-effective amendment to a Fund's registration statement or by any
other means, unless applicants have requested and received with respect
to such Future Fund, either exemptive relief from the Commission or a
no-action letter from the Division of Investment Management of the
Commission. The Prior Equity Orders are currently subject to a similar
condition related to future relief, although the condition to the Prior
Equity Orders permits Future Funds to register with the Commission by
means of filing a post-effective amendment to the Trust's or
Corporation's registration statement if the Future Fund could be listed
on a national securities exchange (``Exchange'') without the need for a
filing pursuant to rule 19b-4 under the Exchange Act.
    8. The order would amend the Prior Orders to delete these
conditions. Any Future Funds will (a) be advised by the Adviser or an
entity controlled by or under common control with the Adviser; (b)
track Underlying Indices that are created, compiled, sponsored or
maintained by an entity that is not an affiliated person, as defined in
section 2(a)(3) of the Act, or an affiliated person of an affiliated
person, of the Adviser, the Distributor, the Trust or any subadviser or
promoter of a Future Fund, and (c) comply with the respective terms and
conditions of the Prior Orders, as amended by the present application.
    9. Applicants believe that the modification of the future relief
available under the Prior Orders would be consistent with sections 6(c)
and 17(b) of the Act and that granting the requested relief will
facilitate the timely creation of Future Funds and the commencement of
secondary market trading of such Future Funds by removing the need to
seek additional exemptive relief. Applicants submit that the terms and
conditions of the Prior Orders have been appropriate for the exchange-
traded funds advised by the Adviser (``Funds'') and would remain
appropriate for Future Funds. Applicants also submit that tying
exemptive relief under the Act to the ability of a Future Fund to be
listed on an Exchange without the need for a rule 19b-4 filing under
the Exchange Act is not necessary to meet the standards under sections
6(c) and 17(b) of the Act.

Applicants' Conditions

    Applicants agree that the Prior Orders will be subject to the
following conditions:
    1. Each Fund's prospectus (``Prospectus'') and product description
(``Product Description'') will clearly disclose that, for purposes of
the Act, the shares of each Fund (``iShares'') are issued by the Fund,
which is an investment company, and that the acquisition of iShares by
investment companies is subject to the restrictions of section 12(d)(1)
of the Act, except as permitted by an exemptive order that permits
investment companies to invest in a Fund beyond the limits in section
12(d)(1), subject to certain terms and conditions, including that the
investment company enter into an agreement with the Fund regarding the
terms of the investment.
    2. As long as a Fund operates in reliance on the requested order,
the iShares will be listed on an Exchange.
    3. Neither the Trust, the Corporation, nor any Fund will be
advertised or marketed as an open-end fund or a mutual fund. Each
Fund's Prospectus will prominently disclose that iShares are not
individually redeemable shares and will disclose that the owners of
iShares may acquire those iShares from the Fund and tender those
iShares for redemption to the Fund in Creation Unit Aggregations \5\
only. Any advertising material that describes the purchase or sale of
Creation Unit Aggregations or refers to redeemability will prominently
disclose that iShares are not individually redeemable and that owners
of iShares may acquire those iShares from the Fund and tender those
iShares for redemption to the Fund in Creation Unit Aggregations only.
---------------------------------------------------------------------------

    \5\ A ``Creation Unit Aggregation'' is a group of 50,000 or more
iShares.
---------------------------------------------------------------------------

    4. The Web site(s) for the Trust and the Corporation, which will be
publicly accessible at no charge, will contain the following
information, on a per iShare basis, for each Fund: (a) The prior
business day's net asset value (``NAV'') and the midpoint of the bid-
ask spread at the time of calculation of such NAV (``Bid/Ask Price''),
and a calculation of the premium or discount of such Bid/Ask Price
against such NAV; and (b) data in chart format displaying the frequency
distribution of discounts and premiums of the daily Bid/Ask Price
against the NAV, within appropriate ranges, for each of the four
previous calendar quarters. In addition, the Product Description for
each Fund will state that the Web site for the Trust or the
Corporation, as applicable, has information about the premiums and
discounts at which that Fund's iShares have traded.
    5. The Prospectus and annual report for each Fund will also
include: (a) The information listed in condition 4(b), (i) in the case
of the Prospectus, for the most recently completed year (and the most
recently completed quarter or quarters, as applicable) and (ii) in the
case of the annual report, for the immediately preceding five years, as
applicable; and (b) the following data, calculated on a per iShare
basis for one, five and ten year periods (or life of the Fund), (i) the
cumulative total return and the average annual total return based on
NAV and Bid/Ask Price, and (ii) the cumulative total return of the
relevant Underlying Index.
    6. Before a Fund may rely on the Prospectus Delivery Order, the
Commission will have approved, pursuant to rule 19b-4 under the
Exchange Act, an Exchange rule requiring Exchange members and member
organizations effecting transactions in iShares of such Fund to deliver
a Product Description to purchasers of iShares.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E6-22262 Filed 12-27-06; 8:45 am]

BILLING CODE 8011-01-P


Administrative Materials for SIP submittal dated: January 2015

1.	A formal letter of submittal from the Governor or his designee,
requesting EPA approval of the plan or revision thereof (hereafter
“the plan”).

The cover letter transmitting this proposed 110(l) Clean Fuel Fleet
Program Removal SIP Revision is the formal letter of submission.

2.	Evidence that the State has adopted the plan in the State code or
body of regulations; or issued the permit, order, consent agreement
(hereafter “document”) in final form.  That evidence shall include
the date of adoption or final issuance as well as the effective date of
the plan, if different from the adoption/issuance date.

The state removed Georgia Chapter 391-3-22 “The Clean Fueled Fleet
Rules” from Georgia’s SIP consistent with section 110 (l) of the
CAA.  These changes were adopted by the Board of Natural Resources on
March 25, 2014, and were effective May 11, 2014.

3.	Evidence that the State has the necessary legal authority under State
law to adopt and implement the plan.

The Georgia Air Quality Act, Article 1: Air Quality (O.C.G.A. 12-9, et.
seq.) provides the necessary legal authority under State law to adopt
and implement the revisions.  The Act, in its entirety, is located at
HYPERLINK "http://www.lexis-nexis.com/hottopics/gacode/"
http://www.lexis-nexis.com/hottopics/gacode/  under Title 12, Chapter 9,
Article 1.

4.	A copy of the actual regulation, or document submitted for approval
and incorporation by reference into the plan, including indication of
the changes made to the existing approved plan, where applicable.  The
submittal shall be a copy of the official State regulation/ document
signed, stamped, dated by the appropriate State official indicating that
it is fully enforceable by the State.  The effective date of the
regulation/document shall, whenever possible, be indicated in the
document itself.

Enclosed is a copy of the affected plan for approval and incorporation
into the State Implementation Plan.

5.	Evidence that the State followed all of the procedural requirements
of the State’s laws and Constitution in conducting and completing the
adoption/issuance of the plan and compilation of public comments and the
State’s response thereto.

The procedural requirements associated with this plan and public comment
period are included in the submittal to EPA.

6.	Evidence that public notice was given of the proposed change
consistent with procedures approved by EPA, including the date of
publication of such notice and

Certification that public hearings(s) were held in accordance with the
information provided in the public notice and the State's laws and
constitution, if applicable.

Documentation for the public notice, hearing and comment requirements is
included in the submittal to EPA.

Technical Support for SIP Submittal dated:  January 2015

1.	Identification of all regulated pollutants affected by the plan.

The proposed plan covers all emissions associated with the removal of
the Clean Fuel Fleet Program consistent with section 110 (l) of the CAA.

2.	Identification of the locations of affected sources including the EPA
attainment/non-attainment designation of the locations and the status of
the attainment plan for the affected areas(s).

The Clean Fuel Fleet Rule is applicable to nonattainment areas
classified as severe ozone nonattainment areas.  The Metro Atlanta
Nonattainment Area was designated serious for the previous 1-hour ozone
NAAQS.  This plan for this area includes the following counties:
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth,
Fulton, Gwinnett, Henry, Paulding, and Rockdale.

3.	Quantification of the changes in plan allowable emissions from the
affected sources; estimates of changes in current actual emissions from
affected sources or, where appropriate, quantification of changes in
actual emissions from affected sources through calculations of the
differences between certain baseline levels and allowable emissions
anticipated as a result of the revision.

Emissions are discussed in Attachment A.

4.	The State’s demonstration that the national ambient air quality
standards, prevention of significant deterioration increments,
reasonable further progress demonstration, and visibility, as
applicable, are protected if the plan is approved and implemented.  For
all requests to redesignate an area to attainment for a national primary
ambient air quality standard, under section 107 of the Act, a revision
must be submitted to provide for the maintenance of the national primary
ambient air quality standards for at least 10 years as required by
section 175A of the Act.

Removal of this rule from Georgia’s State Implementation Plan is
consistent with section 110 (l) of the CAA.

5.	Modeling information required to support the proposed revision,
including input data, output data, models used, justification of model
selections, ambient monitoring data used, meteorological data used,
justification for use of offsite data (where used), modes of models
used, assumptions, and other information relevant to the determination
of adequacy of the modeling analysis.

Modeling is not applicable to this SIP revision.

6.	Evidence, where necessary, that emission limitations are based on
continuous emission reduction technology.

This requirement is not applicable for this revision.

7.	Evidence that the plan contains emission limitations, work practice
standards and recordkeeping/reporting requirements, where necessary, to
ensure emission levels.

Removal of this rule from Georgia’s State Implementation Plan is
consistent with section 110 (l) of the CAA.

8.	Compliance/enforcement strategies, including how compliance will be
determined in practice.

Enforcement will be carried out as described in the State/EPA
Enforcement Agreement.

9.	Special economic and technological justifications required by any
applicable EPA policies, or an explanation of why such justifications
are not necessary.

No special economic or technological justifications are required for
this proposed plan.

SIP CHECKLISTS

ADMINISTRATIVE & TECHNICAL

Page   PAGE  \* Arabic  \* MERGEFORMAT  3  of   NUMPAGES  \* Arabic  \*
MERGEFORMAT  3


[Federal Register Volume 76, Number 167 (Monday, August 29, 2011)]
[Rules and Regulations]
[Pages 53638-53640]
[FR Doc No: 2011-21935]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-1027; FRL-9457-2]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Infrastructure State Implementation Plan Requirement To
Address Interstate Transport for the 2006 24-Hour PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Delaware on September 16, 2009, as
supplemented on April 27, 2011. The revision satisfies the Clean Air
Act (CAA) infrastructure requirement that each State's plan contain
adequate provisions prohibiting its emissions from contributing
significantly to nonattainment in, or interfering with maintenance by,
any other state with respect to the 2006 24-hour fine particulate
matter (PM2.5) national ambient air quality standards
(NAAQS). EPA is approving this revision in accordance with the
requirements of the CAA.

DATES: Effective Date: This final rule is effective on September 28,
2011.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-1027. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
Delaware Department of Natural Resources and Environmental Control, 89
Kings Highway, P.O. Box 1401, Dover, Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On January 18, 2011 (76 FR 2853), EPA published a notice of
proposed rulemaking (NPR) for the State of Delaware. The NPR proposed
approval, and in the alternative, proposed disapproval of Delaware's
infrastructure SIP submittal intended to address significant
contribution to nonattainment or interference with maintenance in
another state with respect to the 2006 PM2.5 NAAQS, as
required by section 110(a)(2)(D)(i)(I) of the CAA. The formal SIP
revision was submitted by the Delaware Department of Natural Resources
and Environmental Control (DNREC) on September 16, 2009. As discussed
in EPA's January 18, 2011 NPR (76 FR 2853), DNREC supplemented its
September 16, 2009 submittal with a technical analysis submitted to EPA
for parallel-processing on December 9, 2010. Since the time of EPA's
January 18, 2011 NPR, DNREC took the supplemental technical analysis,
for which it has requested parallel-processing, through the public
notice and hearing procedures required for SIP revisions by section 110
of the CAA. On April 27, 2011, DNREC submitted the technical analysis
to EPA as a formal supplement to its September 16, 2009 submittal. The
technical analysis submitted on April 27, 2011 is exactly the same as
the technical analysis for which DNREC requested parallel-processing on
December 9, 2010, and which was included in the rulemaking docket (EPA-
R03-OAR-2010-1027) for EPA's January 18, 2011 NPR (76 FR 2853).
    This final action addresses only those portions of Delaware's
September 16, 2009 submittal that address the 110(a)(2)(D)(i)(I)
requirements relating to significant contribution to nonattainment or
interference with maintenance in another state with respect to the 2006
PM2.5 NAAQS. EPA has taken separate action on certain other
portions of Delaware's September 16, 2009 submittal. (See Docket ID No.
EPA-R03-OAR-2010-0158.)

II. EPA's Evaluation of the SIP Revision

    In the January 18, 2011 NPR (76 FR 2853), EPA proposed to approve,
and in the alternative, proposed to disapprove Delaware's SIP revision
to address significant contribution to nonattainment or interference
with maintenance in another state with respect to the 2006
PM2.5 NAAQS. The NPR explained that if in the course of
reviewing and preparing responses to the comments submitted on the
proposed ``Federal Implementation Plans to Reduce Interstate Transport
of Fine Particulate Matter and Ozone'' (75 FR 45210, August 2, 2010,
also known as the Transport Rule), EPA's additional modeling and the
adjustments made to its technical analyses indicate that the State of
Delaware should not be subject to or covered by the final Transport
Rule, EPA would take final action to approve DNREC's SIP.
Alternatively, if in the course of reviewing and preparing responses to
the comments submitted on the proposed Transport Rule, EPA's additional
modeling and the adjustments made to its technical analyses indicate
that the State of Delaware should be subject to and covered by the
final Transport Rule, EPA would to take final action to disapprove
Delaware's SIP revision for infrastructure element 110(a)(2)(D)(i)(I)
for the 2006 PM2.5 NAAQS. The full explanation and rationale
for EPA's proposed action is discussed in the NPR and will not be
restated here.
    On July 6, 2011, EPA promulgated the Transport Rule, now referred
to as the ``Cross-State Air Pollution Rule'' (CSAPR). EPA's review of
the comments submitted on the proposed Transport Rule and the
additional modeling and adjustments made to the technical analyses for
the final CSAPR indicate that the State of Delaware is meeting its
obligations to address the requirements of CAA section
110(a)(2)(D)(i)(I). EPA has, therefore, determined that Delaware is not
subject to or covered by the CSAPR. For additional information on the
final CSAPR, including the technical support documents and the
rationale for EPA's final determination that Delaware does not
significantly contribute to any other state's ability to attain or
maintain the 2006 PM2.5 NAAQS, please see Docket ID No. EPA-
HQ-OAR-2009-0491 for the Federal Implementation

Plan to Reduce Interstate Transport of Fine Particulate Matter and
Ozone.

III. Final Action

    EPA is approving Delaware's September 16, 2009 SIP revision as
supplemented on April 27, 2011. This SIP revision satisfies the CAA
infrastructure requirement that each SIP contain adequate provisions
prohibiting emissions within the State from contributing significantly
to nonattainment in, or interfere with maintenance by, any other state
with respect to the 2006 24-hour fine particulate matter
(PM2.5) NAAQS.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 28, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action approving Delaware's infrastructure SIP to address
the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2006
PM2.5 NAAQS may not challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: August 11, 2011.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart I--Delaware

0
2. In Sec.  52.420, the table in paragraph (e) is amended by adding the
entry for Infrastructure element 110(a)(2)(D)(i)(I) related to
interstate transport at the end of the table to read as follows:

Sec.  52.420  Identification of plan.

* * * * *
    (e) * * *

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    Name of  non-regulatory SIP         Applicable geographic or
              revision                     nonattainment area             State submittal date          EPA approval date      Additional  explanation
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                                                                      * * * * * * *
Infrastructure element               Statewide.....................  9/16/09; 4/27/11..............  8/29/11 [Insert page
 110(a)(2)(D)(i)(I) related to                                                                        number where the
 interstate transport.                                                                                document begins].
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[FR Doc. 2011-21935 Filed 8-26-11; 8:45 am]
BILLING CODE 6560-50-P