[Federal Register Volume 87, Number 136 (Monday, July 18, 2022)]
[Notices]
[Page 42720]
[FR Doc No: 2022-15260]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-479-000]

ETC Texas Pipeline, Ltd.; Notice of Petition for Declaratory
Order

    Take notice that on July 5, 2022, pursuant to Rule 207(a)(2) of the
Federal Energy Regulatory Commission's (Commission) Rules of Practice
and Procedure, ETC Texas Pipeline, Ltd. (ETC Texas) filed a petition
for declaratory order requesting the Commission issue an order stating
that upon ETC Texas's acquisition of certain pipeline facilities in
Bienville and Webster Parishes, Louisiana, from Enable Gas
Transmission, LLC, the facilities will perform a gathering function and
are not subject to the Commission's jurisdiction under section 7 of the
Natural Gas Act, 15 U.S.C. 717b, as more fully explained in the
petition.
    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.
Anyone filing a motion to intervene, or protest must serve a copy of
that document on the Petitioner.
    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 may mail similar
pleadings to the Federal Energy Regulatory Commission, 888 First Street
NE, Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call tollfree,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on August 10, 2022.

    Dated: July 11, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-15260 Filed 7-15-22; 8:45 am]
BILLING CODE 6717-01-P


RESOLUTION NO. 2005 _/ 7 OF THE MOHEGAN TRIBE OF INDIANS OF CONNECTICUT APPROVING TRIBAL NOx REGULATIONS WHEREAS, The Mohegan Tribe of Indians of Connecticut ( Mohegan Tribe) is a federally recognized American Indian Tribe recognized by the United States pursuant to 25 C. F. R. 83; and WHEREAS, the Mohegan Tribe is governed by the Mohegan Tribal Council pursuant to the Constitution of the Mohegan Tribe; and WHEREAS, the Mohegan Tribal Council has specified powers under the Tribal Constitution including the power to promote and protect the health, peace, morals, education and general welfare of the Mohegan Tribe and its members and to establish and enforce any ordinances necessary to that power; and WHEREAS, the Mohegan Tribe has established a Mohegan Environmental Protection Department ( MEPD) that is authorized to administer and enforce all tribal laws relating to air, water and land environmental protection; and WHEREAS, the MEPD with the assistance of the Tribal Legal Departmenthas drafted " The Mohegan Tribe Tribal Air Program Area Wide NOx Emission Limitation Regulation" ( NOx Regulations) that will establish regulations and limitations applicable to all stationary sources of NOx ( nitrogen oxide) emissions located on the Mohegan Indian Reservation ; and WHEREAS, the MEPD has worked closely with the U. S. Environmental Protection Agency ( EPA) in the preparation of the NOx Regulations and has followed applicable EPA regulations including the holding of a Public Hearing on March 25, 2005 to solicit public comments; and WHEREAS, the Tribal Council previously approved NOx Regulations pursuant to Mohegan Tribal Ordinance 2002 14 and Resolution No. 2002 21 ; and V17HEREAS, EPA regulations have changed since the time these NOx Regulations were enacted that set new limits on NOx Emissions; and WHEREAS, the Mohegan Tribe must adopt NOx Regulations in order that it may obtain approval by EPA of its Request for Eligibility Determination under the Clean Air Act to be treated as a state to administer and enforce the NOx regulations ; and WHEREAS, the Mohegan Tribe will be submitting its Request for Eligibility Determination under the Clean Air Act upon approval by the Tribal Council of the NOx Regulations ; and NOW THEREFORE, BE IT RESOLVED that the Tribal Council hereby approves and enacts the " The Mohegan Tribe Tribal Air Program Area Wide NOx Emission Limitation Regulation" ( NOx Regulations) that will establish regulations and limitations applicable to all stationary sources of NOx ( nitrogen oxide) emissions located on the Mohegan Indian Reservation ; and BE IT FUTHER RESOLVED that Tribal Council hereby repeals the NOx Regulations that the Tribal Council approved pursuant to Mohegan Tribal Ordinance 2002 14 and Resolution No. 2002 21 ; and BE IT FINALLY RESOLVED that the Tribal Council authorizes the submission of the Request for Eligibility Determination under the Clean Air Act so that the Tribe may be treated as a state to administer its NOx Regulations .

Dated this& day of April 2005 at Uncasville, Connecticut .

ATTEST:

Shirley M. W sh Recording Secretary . L) AZa1, 06/ 02/ 05 14 : 11 FAX 186 02 04812 2 AtOHEGAN TRIBE RESOLUTION NO. 2005~ ZY OF THE MOHEGAN TRIBE OF INDIANS OF CONNECTICUT Ep'FECTIVE DATE OF TRIBAL NOg REGULATIONS WHEREAS, The Mohegan Tribe of Indians of Connecticut ( Mohegan Tribe) is a federally recognized American, Indian Tribe recognized by the United States pursuant to 25 C. F. R. 83; aud ,

WMR. EAS, the Mohegan Tribe is governed by the Mohegan Tribal Council pursuant to the Constitntion of the Mohegan Tribe; and . .

WHEREAS, tile Mohegau Tribal Council has specified powers under the Tribal Constitution including the power to promote and protect the health., peace, morals, education and general welfare of the Molaegan Tribe and its members and to establish and enforce any ordinances necessary to that power; and WHEMEAS, the Tribal Council approved the NOx Regulations on April 28, 2005 pursuant to Resolution No. 2005 17 and Mobegan Tribal Ordinance 2005 01 ;, and WHEREAS, the NOx Regulations include 1anguage in Section 14 of the Regulations stating that they will not be effective until approved by Tribal Council and the Mohegan Tribal Claming Authority ( MTGA) ; and ,

WHEREAS,. it has beea determined that the approval of or by adoption the MTGA is not required for the NOx Regulations to become, effective.

. NOW THEREI~' ORE, BE IT RBSOLVED that the Tribal Council hereby deletes the language in the NOx Regulations ( Ordinance 2005 O1) in Section 14 that the Regulates will be effective upon a. doption by the IM GA which will make the Regulations effective based upon the approval by the Tribal Council on April 28, 2005.

Dated this.~ day of May 2005. at Uncasville, Connecti. cut. 10002 06/ 02/ 05 14 : 11 FAX 18602046122 MHE9AN TRIBE Mark F. Brown Chairman ATTEST

11 Shirley M. ' W'slsh Recording Secretary S Y J I   V ~  T r L '

s J c~ y 9 MOHEGAN ENVIRONMENTAL PROTECTION DEPARTMENT Ordinance 2002 1Z.

Section 1 . Statement of Findings. The Mohegan Tribal Council finds that:

A. The Mohegan Tribe has a primary interest in the protection, control, conservation and utilization of natural resources within the Mohegan Indian Reservation. It is the purpose of this Ordinance to establish a Tribal Environmental Protection Department to ensure the health and well being of all people residing on or visiting the Mohegan Indian Reservation.

B. The Mohegan Tribe has jurisdiction to implement and enforce Tribal air, water and land use quality standards on the Mohegan Indian Reservation.

Section 2. Establishment of Department.

A. There is hereby established, within the Office of the Chief of Staff, the Mohegan Environmental Protection Department, hereinafter referred to as the " Department" or " MEPD".

B. There shall be at the head of the Department the Administrator of the Mohegan Environmental Protection Department, hereinafter referred to as the " Administrator." The Administrator shall be hired by the Mohegan Tribe as a tribal employee and shall be subject to all policies, rules and regulations that apply to other tribal departments.

Section 3. General; Responsibilities of the Department.

The Department is charged with the development, administration and enforcement of the Tribal Implementation Plan enacted pursuant to the Clean Air Act and any such other environmental program approved by the Tribal Council:

A. The Administrator shall develop standards and guidance to protect the Tribe's air, land, water and other natural resources for proposal and approval by the Tribal Council.

B. The Administrator shall promulgate rules and regulations for the review and approval of the Tribal Council for the purpose of compliance with the Tribal Irnplementation Plan. C. The Administrator shall monitor compliance and prepare appropriate documentation in furtherance of the administration and enforcement of the Tribal Implementation Plan, as provided for in tribal regulations enacted for such purposes.

D. The Administrator shall consult with various agencies on the permitting process and seek resolution for issues of non compliance, as provided for in tribal regulations enacted for such purposes.

E. The Administrator shall be responsible for administering such other environmental programs as directed by the Tribal Council, including but not limited to Fuel Cell operations and Tribal recycling programs. .

Section 4. Enforcement; Delegation of Authority.

The Administrator shall have the authority to:

A. Enforce the Department's environmental and natural resource rules and regulations approved by the Tribal Council.

B. Promulgate, for approval by the Tribal Council, reasonable and appropriate enforcement policies and procedures, and implement such policies and procedures as provided for in tribal regulations enacted for such purposes.

C. Promulgate, for approval by the Tribal Council, a schedule of civil/ criminal penalties to be assessed for violations of the Department's rules and regulations and follow any agreed upon procedures regarding alleged criminal violations in cases where the Tribe is precluded from asserting criminal enforcement authority.

Section 5. Reporting The Administrator shall report to the Chief of Staff on a monthly basis regarding the departmental functions, budget, and activities of the MEPD. Further, the Administrator shall report in writing to the Tribal Council, on at least a quarterly basis, regarding the status of the Tribal Implementation Plan and other delegated programs.

Section 6. Funding The Tribe shall provide such funding to the Department that will ensure that the Department can, at a minimum, appropriately develop, implement, monitor, and enforce the Tribal Implementation Plan and any other environmental programs approved by the Tribal Council. Section 7. Effective Date This Ordinance shall be effective following the enactment by resolution of the Mohegan Tribal Council.

I hereby certify that the foregoing Ordinance was approved by the Mohegan Tribal Council at a duly called meeting of the Council on the JaN ' day of ~ fC, Gn, ht4f , 2002.

Chairman, Mark F. Brown Mohegan Tribal Council Attest:

Recording Shcretary, Shirley M. Walsh / RESOLUTION No. 2002 49 OF THE MOHEGAN TRIBE OF INDIANS OF CONNECTICUT WHEREAS, the Mohegan Tribe of Indians of Connecticut is an American Indian Tribe recognized by the United States pursuant to the provisions of 25 C. F. R. Part 83 ; and WHEREAS, the Tribal Council is vested with the authority to promote and protect the health and general welfare of the Mohegan Tribe and its members pursuant to Article IX, Section 2( 1), Constitution of the Mohegan Tribe of Indians of Connecticut; and .

WHEREAS, the Tribal Council is vested with the authority to establish and enforce all ordinances delineating the civil and criminal laws of the Mohegan Tribe and to establish and enforce rules and regulations for the management of tribal lands pursuant to Article IX, Section 2( n) and ( j), Constitution of the Mohegan Tribe of Indians of Connecticut; and WHEREAS, the Tribal Council is vested with the authority to establish a basic departmental structure for the executive branch of the tribal government and to delegate appropriate powers to such departments pursuant to Article IX, Section ( q), Constitution of the Mohegan Tribe of Indians of Connecticut; and WHEREAS, the Tribal Council has a primary interest in the protection, control, conservation and utilization of all natural resources within the exterior boundaries of the Mohegan Indian Reservation; and WHEREAS, the Tribe is in the process of developing and implementing environmental and natural resources programs through the enactment of tribal laws regarding regulation, compliance and enforcement of environmental standards and rules on Tribal lands; and WHEREAS, the Tribal Council has reviewed the existing Mohegan Environmental Department Ordinance, Mohegan Tribal Ordinance No. 2001 03 and determined that modifications are necessary to make clarifications and changes that will further provide for the proper administration of the Mohegan Environmental Protection Department; and WHEREAS, the Tribal Council has completed its review of such modifications and desires to amend the Mohegan Environmental Protection Department Ordinance.

THEREFORE, be it resolved that the Mohegan Tribal Council hereby approves, as amended, the Mohegan Environmental Protection Department Ordinance, Mohegan Tribal Ordinance, No. 2002, 2, and hereby repeals the previous version of the Mohegan Environmental Protection Department Ordinance, No. 2001 03 .

Dated this If 44 day of h C t, t" fiil , 2002 at Uncasville, Connecticut Mark F. Brown Chairman Attest :

Shirley M. Walsh Recording Secretary


[Federal Register Volume 87, Number 7 (Tuesday, January 11, 2022)]
[Notices]
[Pages 1417-1419]
[FR Doc No: 2022-00321]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-D-0053]

Notifying the Food and Drug Administration of a Permanent
Discontinuance or Interruption in Manufacturing of a Device Under
Section 506J of the Federal Food, Drug, and Cosmetic Act; Draft
Guidance for Industry and Food and Drug Administration Staff;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of the draft guidance entitled ``Notifying FDA of a
Permanent Discontinuance or Interruption in Manufacturing of a Device
Under Section 506J of the FD&C Act.'' The Federal Food, Drug, and
Cosmetic Act (FD&C Act) requires manufacturers to notify FDA of a
permanent discontinuance in the manufacture of certain devices or an
interruption in the manufacture of certain devices that is likely to
lead to a meaningful disruption in supply of that device in the United
States. This guidance is intended to assist manufacturers in providing
timely, informative notifications about changes in the production of
certain medical device products that will help prevent or mitigate
shortages of such devices during or in advance of a public health
emergency. FDA is issuing this guidance to implement amendments to the
FD&C Act by the Coronavirus Aid, Relief, and Economic Security Act
(CARES Act), as it relates to device shortages and potential device
shortages during or in advance of a public health emergency. This draft
guidance is not final nor is it in effect at this time.

DATES: Submit either electronic or written comments on the draft
guidance by March 14, 2022 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your

comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked, and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2022-D-0053 for ``Notifying FDA of a Permanent Discontinuance or
Interruption in Manufacturing of a Device Under Section 506J of the
FD&C Act.'' Received comments will be placed in the docket and, except
for those submitted as ``Confidential Submissions,'' publicly viewable
at https://www.regulations.gov or at the Dockets Management Staff
between 9 a.m. and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    An electronic copy of the guidance document is available for
download from the internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the draft guidance document entitled
``Notifying FDA of a Permanent Discontinuance or Interruption in
Manufacturing of a Device Under Section 506J of the FD&C Act'' to the
Office of Policy, Guidance and Policy Development, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, Rm. 5431, Silver Spring, MD 20993-0002 or the
Center for Biologics Evaluation and Research, Office of Communication,
Outreach, and Development, 10903 New Hampshire Ave., Bldg. 71, Rm.
3128, Silver Spring, MD 20903. Send one self-addressed adhesive label
to assist that office in processing your request.

FOR FURTHER INFORMATION CONTACT: Brittany Caldwell, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, Rm. 5556, Silver Spring, MD 20993-0002, 301-
796-5900 or Stephen Ripley, Center for Biologics Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
71, Rm. 7301, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 27, 2020, the CARES Act was signed into law. Section 3121
of the CARES Act amends the FD&C Act by adding section 506J to the
statute. Section 506J of the FD&C Act (21 U.S.C. 356j) provides the
Secretary of Health and Human Services with new authorities intended to
help prevent or mitigate medical device shortages ``during, or in
advance of, a public health emergency declared by the Secretary under
section 319 of the Public Health Service Act.''
    FDA is issuing this guidance to clarify and make recommendations
regarding who should notify FDA, what information to include in the
notification, and how to notify FDA, during or in advance of a public
health emergency, regardless of the type of public health emergency.
During a specific public health emergency, FDA may issue additional
supplemental information to this guidance, through FDA's website or a
supplemental guidance, to assist manufacturers in determining whether a
notification under section 506J of the FD&C Act (hereafter referred to
as a ``506J notification'') is required during a public health
emergency.
    FDA is issuing this draft guidance to assist stakeholders in the
Agency's implementation of section 506J(a) of the FD&C Act outside of
the COVID-19 Public Health Emergency. This draft guidance is not
intended to supersede the COVID-19 Public Health Emergency Guidance,
``Notifying CDRH of a Permanent Discontinuance or Interruption in
Manufacturing of a Device under 506J of the FD&C Act during the COVID-
19 Public Health Emergency'' available at https://www.fda.gov/regulatory-information/search-fda-guidance-documents/notifying-cdrh-permanent-discontinuance-or-interruption-manufacturing-device-under-section-506j-fdc, which will be withdrawn at the end of the COVID-19
Public Health Emergency. Should this guidance be finalized before the
COVID-19 public health emergency declaration expires or is withdrawn,
the COVID-19 Public Health Emergency Guidance will be applicable for
506J related issues with respect to COVID-19.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on ``Notifying
FDA of a Permanent Discontinuance or Interruption in Manufacturing of a
Device Under Section 506J of the FD&C Act''. It does not establish any
rights for any person and is not binding on FDA or the public. You can
use an alternative approach if it satisfies the requirements of the
applicable statutes and regulations.

II. Electronic Access

    Persons interested in obtaining a copy of the draft guidance may do
so by downloading an electronic copy from the internet. A search
capability for all

Center for Devices and Radiological Health guidance documents is
available at https://www.fda.gov/medical-devices/device-advice-comprehensive-regulatory-assistance/guidance-documents-medical-devices-and-radiation-emitting-products. This guidance document is also
available at https://www.regulations.gov, https://www.fda.gov/
regulatory-information/search-fda-guidance-documents or https://
www.fda.gov/vaccines-blood-biologics/guidance-compliance-regulatory-information-biologics/biologics-guidances. Persons unable to download
an electronic copy of ``Notifying FDA of a Permanent Discontinuance or
Interruption in Manufacturing of a Device Under Section 506J of the
FD&C Act'' may send an email request to [email protected] to
receive an electronic copy of the document. Please use the document
number 21003 and complete title to identify the guidance you are
requesting.

III. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information. These collections of information are subject to review by
the Office of Management and Budget (OMB) under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3521). The collections of information in
section 506J of the FD&C Act have been approved by OMB as listed in the
following table:

------------------------------------------------------------------------
                                                            OMB Control
21 CFR part; guidance; or FDA form          Topic               No.
------------------------------------------------------------------------
506J..............................  Shortages Data             0910-0491
                                     Collection.
------------------------------------------------------------------------

IV. Other Issues for Consideration

    The Agency invites comments on the ``Notifying FDA of a Permanent
Discontinuance or Interruption in Manufacturing of a Device Under
Section 506J of the FD&C Act'' draft guidance, in general, and on the
following questions, in particular:
     Section 506J of the FD&C Act requires notifications
``during, or in advance of'' a public health emergency. Does the draft
guidance provide sufficient clarity regarding what FDA considers to be
``in advance of a public health emergency''? Is there additional
information that you believe would be helpful? If so, what?
     Are there other situations or circumstances that could
lead to a situation that could be considered to be ``in advance of a
public health emergency''?
     FDA has proposed providing supplemental information during
specific public health emergencies, which is intended to contain
information specific to that public health emergency to assist
manufacturers in providing notifications. Is there specific information
that you believe should be conveyed in such supplements?
     Are there circumstances where it is unclear whether you
should notify FDA? How could FDA provide clarity?
     Should FDA notify stakeholders when an event is considered
to be ``in advance of a public health emergency'', and if so, how
should FDA best do so?
     FDA recommends that manufacturers provide updates to
notifications every two weeks unless otherwise indicated based on the
nature of the situation, including the expected timeline for recovery,
even if the status remains unchanged. Please provide feedback on this
proposed frequency.
     How can FDA best disseminate supplemental information
during or in advance of a public health emergency to manufacturers and
other stakeholders?
     How can FDA keep all stakeholders, including healthcare
providers and patients, better informed regarding shortages during or
in advance of a public health emergency?
     In the draft guidance document, Appendix A displays an
example of supplemental information for an epidemic or pandemic that
FDA believes would be helpful to assess the overall state of the market
and help inform potential mitigations. What additional information
might be helpful for other public health emergencies?

    Dated: January 5, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-00321 Filed 1-10-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 81, Number 72 (Thursday, April 14, 2016)]
[Notices]
[Page 22073]
[FR Doc No: 2016-08600]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:
    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG16-83-000.
    Applicants: Boulder Solar Power, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Boulder Solar Power, LLC.
    Filed Date: 4/7/16.
    Accession Number: 20160407-5178.
    Comments Due: 5 p.m. ET 4/28/16.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER16-757-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Errata to ER16-757-000 re: Merchant
Network Upgrades to be effective 5/1/2016.
    Filed Date: 4/6/16.
    Accession Number: 20160406-5134.
    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: ER16-1360-000.
    Applicants: Midcontinent Independent System Operator, Inc.,
Consumers Energy Company.
    Description: Sec.  205(d) Rate Filing: 2016-04-07_SA 2913 WPSC-
Consumers FCA (J392) to be effective 4/8/2016.
    Filed Date: 4/7/16.
    Accession Number: 20160407-5115.
    Comments Due: 5 p.m. ET 4/28/16.

    Docket Numbers: ER16-1361-000.
    Applicants: Commonwealth Edison Company, PJM Interconnection,
L.L.C.
    Description: Sec.  205(d) Rate Filing: ComEd submits Transmission
Upgrade Agreement No. 4406 among ComEd and ATC to be effective 3/7/
2016.
    Filed Date: 4/7/16.
    Accession Number: 20160407-5120.
    Comments Due: 5 p.m. ET 4/28/16.

    Docket Numbers: ER16-1362-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: First Amended LGIA Rosamond
West Solar Project to be effective 4/8/2016.
    Filed Date: 4/7/16.
    Accession Number: 20160407-5123.
    Comments Due: 5 p.m. ET 4/28/16.

    Docket Numbers: ER16-1363-000.
    Applicants: Arizona Public Service Company.
    Description: Compliance filing: Proposed Market-Based Rate tariff
revisions of Arizona Public Service Company to be effective 9/30/2016.
    Filed Date: 4/7/16.
    Accession Number: 20160407-5131.
    Comments Due: 5 p.m. ET 4/28/16.

    Docket Numbers: ER16-1364-000.
    Applicants: Copper Mountain Solar 2, LLC.
    Description: Sec.  205(d) Rate Filing: Copper Mountain Solar 2, LLC
Joint Use Agreement for Gen-tie Polies to be effective 4/8/2016.
    Filed Date: 4/7/16.
    Accession Number: 20160407-5141.
    Comments Due: 5 p.m. ET 4/28/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 7, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-08600 Filed 4-13-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: April 28, 2008 (Volume 73, Number 82)]
[Rules and Regulations]
[Page 22791-22793]
[DOCID:fr28ap08-5]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0431; Directorate Identifier 2008-SW-08-AD;
Amendment 39-15483; AD 2008-09-03]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. Model A109A, A109A II,
and A109C Helicopters

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

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
specified Agusta S.p.A. (Agusta) model helicopters. This AD results
from mandatory continuing airworthiness information (MCAI) originated
by an aviation authority to identify and correct an unsafe condition on
an aviation product. The European Aviation Safety Agency (EASA), the
Technical Agent for Italy, with which we have a bilateral agreement,
states in the MCAI:

    It has been reported, on an A109A helicopter, a case of failure
of the grooved clamp fixing the engine exhaust duct, with the
consequent loss of the duct.
    The duct has hit the main and tail rotor producing the loss of
the tail rotor and the emergency landing of the helicopter.

The fracture of the grooved clamp was due to excessive loads and
corrosion around the attaching rivets. This AD requires actions that
are intended to address this unsafe condition.

DATES: This AD becomes effective May 13, 2008.
    The Director of the Federal Register approved the incorporation by
reference of Agusta Bollettino Tecnico No. 109-123, dated November 16,
2006, as of May 13, 2008.
    We must receive comments on this AD by June 27, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    Examining the AD Docket: You may examine the AD docket on the
Internet at http://www.regulations.gov or in person at the Docket
Operations office between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this AD, the economic
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Eric Haight, Aviation Safety Engineer,
FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort
Worth, Texas 76193-0111, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance
of ADs related to MCAI. This streamlined process will allow us to adopt
MCAI safety requirements in a more efficient manner and will reduce
safety risks to the public. This process continues to follow all FAA AD
issuance processes to meet legal, economic, Administrative Procedure
Act, and Federal Register requirements. We also continue to meet our
technical decision-making responsibilities to identify and correct
unsafe conditions on U.S.-certificated products.
    This AD references the MCAI and related service information that we
considered in forming the engineering basis to correct the unsafe
condition. The AD contains text copied from the MCAI and for this
reason might not follow our plain language principles.

Discussion

    EASA, which is the Technical Agent for the aviation authority of
Italy, has issued AD No. 2007-0041, dated February 21, 2007 (referred
to after this as ``the MCAI''), to correct an unsafe condition for this
Italian-certificated product. The MCAI states:

    It has been reported, on an A109A helicopter, a case of failure
of the grooved clamp fixing the engine exhaust duct, with the
consequent loss of the duct.
    The duct has hit the main and tail rotor producing the loss of
the tail rotor and the emergency landing of the helicopter.

The fracture of the grooved clamp was due to excessive loads and
corrosion around the attaching rivets. Even though the failed part was
on a Model A109A, the Models A109A II and A109C use the same parts. You
may obtain further information by examining the MCAI and service
information.

Relevant Service Information

    Agusta has issued Bollettino Tecnico No. 109-123, dated November
16, 2006. The actions described in the MCAI are intended to correct the
same unsafe condition as that identified in the service information.

FAA's Determination and Requirements of This AD

    These products have been approved by the aviation authority of
Italy and are approved for operation in the United States. Pursuant to
our bilateral agreement with this State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information. We are issuing this AD because we evaluated all pertinent
information and determined the unsafe condition exists and is likely to
exist or develop on other products of these same type designs.

Differences Between the AD and the MCAI

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. However, this AD differs from the
MCAI as follows:
    (1) We refer to flight hours as hours time-in-service (TIS).
    (2) We are requiring the initial inspection to be done within the
next 20 hours TIS rather than using the date and operating hours
specified in the MCAI.
    (3) We are not requiring a recurring inspection of the grooved
clamps, but we intend to propose to mandate the 300 hour time-in-
service or yearly recurring inspection of the grooved clamps through
our non-emergency rulemaking procedures.
    These differences are highlighted in the ``Differences Between the
FAA AD and the MCAI'' section of this AD.

Costs of Compliance

    We estimate that this AD will affect about 59 products of U.S.
registry. We also estimate that it will take about 4 work-hours per
helicopter to inspect the grooved clamps that attach the engine exhaust
ducts. The average labor rate is $80 per work-hour. Required parts cost
is negligible. Based on these figures, we estimate the cost of the AD
on U.S. operators to be $18,880.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because we
are requiring an inspection within 20 hours time-in-service (TIS), a
short time frame. The short inspection time is necessary because of the
failure of a grooved clamp attaching the external left side engine
exhaust duct and the consequent loss of the exhaust duct that occurred,
resulted in an emergency landing. Therefore, we determined that notice
and opportunity for public comment before issuing this AD are
impracticable and that good cause exists for making this amendment
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2008-0431; Directorate
Identifier 2008-SW-08-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have 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.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2008-09-03 Agusta S.p.A.: Amendment 39-15483. Docket No. FAA-2008-
0431; Directorate Identifier 2008-SW-08-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on May
13, 2008.

Applicability

    (b) This AD applies to Model A109A, A109A II, and A109C
helicopters, with grooved clamps, part number 4606AC, that attach
the engine exhaust ducts, installed, certificated in any category.

Reason

    (c) The mandatory continued airworthiness information (MCAI)
states:
    It has been reported, on an A109A helicopter, a case of failure
of the grooved clamp fixing the engine exhaust duct, with the
consequent loss of the duct.
    The duct has hit the main and tail rotor producing the loss of
the tail rotor and the emergency landing of the helicopter.
    The fracture of the grooved clamp was due to excessive loads and
corrosion around the attaching rivets.

Actions and Compliance

    (d) Required as indicated, unless already done, do the
following:
    (1) Within the next 20 hours time-in-service (TIS), remove,
clean, and using a 10X or higher magnifying glass, inspect the four
grooved clamps that attach the engine exhaust ducts as shown in
Figure 1 and by following Steps 3 through 4.2. of the Compliance
Instructions of Agusta Bollettino Tecnico No. 109-123, dated
November 16, 2006.
    (2) If you find a crack or corrosion, before further flight,
replace the unairworthy grooved clamp with an airworthy grooved
clamp.

Differences Between the FAA AD and the MCAI

    (e) This AD differs from the MCAI as follows:
    (1) We refer to flight hours as hours TIS.
    (2) We are requiring the initial inspection to be done within
the next 20 hours TIS instead of using the date and operating time
specified in the MCAI.
    (3) We are not requiring a recurring inspection of the grooved
clamps, but we intend to propose to mandate the 300 hour time-in-
service or yearly recurring inspection of the grooved clamps through
our non-emergency rulemaking procedures.
    (f) Air Transport Association of America (ATA) Code 7800: Engine
Exhaust.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Safety Management Group, Rotorcraft Directorate, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: Eric
Haight, Aviation Safety Engineer, Regulations and Guidance Group,
Fort Worth, Texas 76193-0111, telephone<PHONE_NUMBER>, fax (817)
222-5961.
    (2) Airworthy Product: Use only FAA-approved corrective actions.
Corrective actions are considered FAA-approved if they are approved
by the State of Design Authority (or their delegated agent) if the
State of Design has an appropriate bilateral agreement with the
United States. You are required to assure the product is airworthy
before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) EASA Mandatory Continuing Airworthiness Information (MCAI)
AD No. 2007-0041, dated February 21, 2007, contains related
information.

Material Incorporated by Reference

    (i) The Director of the Federal Register approved the
incorporation by reference of Agusta Bollettino Tecnico No. 109-123,
dated November 16, 2006, under 5 U.S.C. 552(a) and 1 CFR part 51.
    (1) For service information identified in this AD, contact
Agusta, 21017 Cascina Costa di Samarate (VA) Italy, Via Giovanni
Agusta 520, telephone 39 (0331) 229111, fax 39 (0331)<PHONE_NUMBER>95.
    (2) You may review copies of the service information at the FAA,
Office of the Regional Counsel, Southwest Region, 2601 Meacham
Blvd., Room 663, Fort Worth, Texas or at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on April 4, 2008.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
 [FR Doc. E8-8640 Filed 4-25-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Notices]
[Page 77301]
[FR Doc No: 2023-24735]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2570-034]

Eagle Creek Racine Hydro, LLC; Notice of Availability of
Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380, the Office of Energy Projects has
reviewed the application for a new license to continue to operate and
maintain the Racine Hydroelectric Project (project). The project is
located on the Ohio River in Meigs County, Ohio. Commission staff has
prepared an Environmental Assessment (EA) for the project.
    The EA contains the staff's analysis of the potential environmental
impacts of the project and concludes that licensing the project, with
appropriate environmental protective measures, would not constitute a
major federal action that would significantly affect the quality of the
human environment.
    The Commission provides all interested persons with an opportunity
to view and/or print the EA via the internet through the Commission's
Home Page (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 Online
Support at [email protected], or toll-free at<PHONE_NUMBER>,
or for TTY,<PHONE_NUMBER>.
    You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].
    Any comments should be filed within 45 days from the date of this
notice.
    The Commission strongly encourages electronic filing. Please file
comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support. In lieu of electronic
filing, you may submit a paper copy. Submissions sent via the U.S.
Postal Service must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE, Room 1A,
Washington, DC 20426. Submissions sent via any other carrier must be
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. The first
page of any filing should include docket number P-2570-034.
    For further information, contact Jay Summers at<PHONE_NUMBER> or
[email protected].

    Dated: November 2, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-24735 Filed 11-8-23; 8:45 am]
BILLING CODE 6717-01-P


                                 ATTACHMENT C

   Safer Choice Program:  Form for Adding Third-Party Partners and Products
          (Private Label Companies, Licensees, or Toll Manufacturers)

                           OMB Control No. 2070-0178
                         Approval expires XX/XX/XX

           The public reporting and recordkeeping burden for this collection of information is estimated to average 29.5 hours per response for formulators of cleaning and non-cleaning products and 9.5 hours per response for partners wishing to add third-party partners and products, including the time for reviewing instructions, gathering information, and completing and reviewing the application.  Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.  Include the OMB control number in any correspondence.  Do not send the completed application to this address.

      Note that this form will be incorporated into the Salesforce system in the coming months. The fields in the online form in Salesforce will be identical to the PDF form. Until this part of the system is fully incorporated, the Agency will continue to use this PDF application form.


[Federal Register: June 22, 2009 (Volume 74, Number 118)]
[Proposed Rules]
[Page 29450-29451]
[DOCID:fr22jn09-18]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0928, EPA-R03-OAR-2008-0929, EPA-R03-OAR-2008-0930;
FRL-8920-2]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware, Maryland, Pennsylvania; Attainment Demonstration for the
Philadelphia-Wilmington-Atlantic City Moderate 8-Hour Ozone
Nonattainment Area; Reopening of Comment Periods

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rules; reopening of comment periods.

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

SUMMARY: EPA is reopening the comment periods for documents published
on May 8, 2009 (74 FR 21588, 74 FR 21599, 74 FR 21604). In these May 8,
2009 documents, EPA proposed to disapprove the ozone attainment
demonstration portion of comprehensive State Implementation Plan (SIP)
revisions submitted by the States of Delaware, Maryland and
Pennsylvania to meet the Clean Air Act (CAA) requirements for attaining
the 8-hour ozone national ambient air quality standard (NAAQS) for the
Philadelphia-Wilmington-Atlantic City moderate nonattainment area
(Philadelphia Area). The comment periods on these proposed actions
closed on June 8, 2009. Pursuant to requests from the State of
Maryland, the Commonwealth of Pennsylvania, and the Delaware Valley
Regional Planning Commission, EPA is reopening the comment periods
through August 7, 2009. EPA will consider all comments submitted on
these proposed actions from May 8, 2009 through August 7, 2009.

DATES: Comments must be received on or before August 7, 2009.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2008-0928 (Pennsylvania), EPA-R03-OAR-2008-0929 (Maryland),
EPA-R03-OAR-2008-0930 (Delaware) by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2008-0928, EPA-R03-OAR-2008-0929, EPA-R03-OAR-
2008-0930, Cristina Fernandez, Chief, Air Quality Planning Branch,
Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the normal hours of operation,
and special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-EPA-R03-
OAR-2008-0928, EPA-R03-OAR-2008-0929, EPA-R03-OAR-2008-0930. EPA's
policy is that all comments received will be included in the public
docket without change, and may be made available online at http://
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-
mail. The http://www.regulations.gov Web site is an anonymous access
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through http://
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 in http://
www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of
Delaware's State submittals are available at the Delaware Department of
Natural Resources & Environmental Control, 89 Kings Highway, P.O. Box
1401, Dover, Delaware 19903. Copies of Maryland's State submittals are
available at the Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland 21230. Copies of
Pennsylvania's State submittals are available at the Pennsylvania
Department of Environmental Protection, Bureau of Air Quality Control,
P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Cristina Fernandez,<PHONE_NUMBER>, or
by e-mail at<EMAIL_ADDRESS>Please note that while
questions on the May 8, 2009 proposed rules for the Philadelphia area
may be posed via telephone and e-mail, formal comments must be
submitted in writing, as indicated in the ADDRESSES section of this
document.

    Dated: June 11, 2009.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. E9-14602 Filed 6-19-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 232 (Monday, December 5, 2022)]
[Notices]
[Pages 74415-74416]
[FR Doc No: 2022-26388]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC23-1-000]

Commission Information Collection Activities (FERC-725I) Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of information collection and request for comments.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collection, FERC-725I (Mandatory Reliability Standards for
the Northeast Power Coordinating Council (NPCC)).

DATES: Comments on the collection of information are due February 3,
2023.

ADDRESSES: You may submit your comments (identified by Docket No. IC23-
1-000) by one of the following methods:
    Electronic filing through https://www.ferc.gov, is preferred.
     Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
     For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery:
    [cir] Mail via U.S. Postal Service Only, Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
    [cir] Hand (Including Courier) Delivery: Deliver to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: https://www.ferc.gov. For
user assistance, contact FERC Online Support by email at
[email protected], or by phone at<PHONE_NUMBER> (toll-free).
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at https://www.ferc.gov.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected], telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: FERC-725I (Mandatory Reliability Standards for the Northeast
Power Coordinating Council).
    OMB Control No.: 1902-0258.
    Type of Request: Three-year extension of the FERC-725I with no
changes to the current recordkeeping requirements.
    Abstract: The Regional Reliability standard PRC-006-NPCC-2
(Automatic Underfrequency Load Shedding (UFLS)) provides regional
requirements for Automatic UFLS to applicable entities in NPCC. UFLS
requirements were in place at a continent-wide level and within NPCC
for many years prior to the implementation of federally mandated
reliability standards in 2007. NPCC and its members think that a
region-wide, fully coordinated single set of UFLS requirements is
necessary to create an effective and efficient UFLS program, and their
experience has supported that belief.
    Information collection burden for Reliability Standard PRC-006-
NPCC-2 is based on the time needed for planning coordinators and
generator owners to incrementally gather data, run studies, and analyze
study results to design or update the UFLS programs that are required
in the regional Reliability Standard (in addition to the requirements
of the NERC Reliability Standard PRC-006-3). There is also burden on
the generator owners to maintain data such as identify, compile, and
maintain a list of all of its existing non-nuclear generating units
that were in service prior to the effective date of the regional
Standard.
    Type of Respondent: Generator Owners and Planning Coordinators.

    Estimate of Annual Burden: \1\ The number of respondents is based
on NERC's Registry as of November 4, 2022. Entities registered for more
than one applicable function type have been accounted for in the
figures below. The Commission estimates the annual public reporting
burden and cost \2\ for the information collection as:
---------------------------------------------------------------------------

    \1\ ``Burden'' is the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a federal agency. For further
explanation of what is included in the information collection
burden, refer to Title 5 CFR 1320.3.
    \2\ Commission staff estimates that the industry's skill set and
cost (for wages and benefits) for FERC-725I are approximately the
same as the Commission's average cost. The FERC 2022 average salary
plus benefits for one FERC full-time equivalent (FTE) is $188,922/
year (or $91.00/hour).

                                FERC-725I--(Mandatory Reliability Standards for the Northeast Power Coordinating Council)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Annual  number                                                                           Cost per
      Information collection           Number of     of  responses   Total number     Average burden hours &   Total annual burden hours    respondent
           requirements               respondents   per respondent   of responses     cost ($) per response     & total annual cost ($)         ($)
                                               (1)             (2)     (1) * (2) =  (4)......................  (3) * (4) = (5)..........       (5) / (1)
                                                                               (3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
PCs Design and document automatic                3               1               3  8 hrs.; $728.............  24 hrs.; $2,184..........            $728
 UFLS program.
PCs update and maintain UFLS                     3               1               3  16 hrs.; $1,456..........  48 hrs.; $4,368..........          $1,456
 program database.
GOs provide documentation and data             121               1             121  16 hrs.; $1,456..........  1,936 hrs.; $176,176.....           1,456
 to the planning coordinator.
GOs: record retention.............             121               1             121  4 hrs.; $364.............  484 hrs.; $33,300,176....             364
                                   ---------------------------------------------------------------------------------------------------------------------
    Total.........................  ..............  ..............             248  .........................  2,492 hrs.;..............  ..............
                                                                                $199,360.................
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Comments: Comments are invited on: (1) whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: November 29, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-26388 Filed 12-2-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 64 (Wednesday, April 3, 2013)]
[Rules and Regulations]
[Pages 19994-19998]
[FR Doc No: 2013-07653]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0837; FRL-9797-1]

Approval and Promulgation of Implementation Plans; South
Carolina: New Source Review-Prevention of Significant Deterioration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is taking final action to approve changes to the South
Carolina State Implementation Plan (SIP), submitted by the South
Carolina Department of Health and Environmental Control (SC DHEC) to
EPA in five separate SIP submittals dated May 1, 2012, July 18, 2011,
February 16, 2011, December 23, 2009, and December 4, 2008. The SIP
revisions make changes to South Carolina's New Source Review (NSR)
Prevention of Significant Deterioration (PSD) program to adopt federal
PSD requirements regarding fine particulate matter (PM2.5)
and changes to the State's provisions related to the national ambient
air quality standards (NAAQS) and volatile organic compounds (VOC). EPA
is approving portions of the submittals as revisions to South
Carolina's SIP because the Agency has determined that they are
consistent with the Clean Air Act (CAA or Act) and EPA regulations
regarding NSR permitting.

DATES: Effective Date: This rule will be effective May 3, 2013.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0837. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 to 4:30 excluding federal
holidays.

FOR FURTHER INFORMATION CONTACT: For information regarding the South
Carolina SIP, contact Ms. Twunjala Bradley, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960. Ms. Bradley's telephone number
is<PHONE_NUMBER>; email address<EMAIL_ADDRESS>For
information regarding NSR or PSD, contact Ms. Yolanda Adams, Air
Permits Section, at the same address above. Ms. Adams' telephone number
is<PHONE_NUMBER>; email address<EMAIL_ADDRESS>For
information regarding the PM2.5 NAAQS, contact Mr. Joel
Huey, Regulatory Development Section, at the same address above. Mr.
Huey's telephone number is<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    EPA is taking final action to approve multiple SIP submittals
provided by SC DHEC to EPA on May 1, 2012,\1\ July 18, 2011,\2\
February 16, 2011,\3\ December 23, 2009,\4\ and December 4, 2008,\5\ to
adopt NSR permitting requirements for implementing the PM2.5
NAAQS, federal changes to the NAAQS, an update to the federal
definition for VOC, and an administrative correction to the State's VOC
rule. On January 23, 2013, EPA proposed to approve these changes into
the South Carolina SIP. See 78 FR 4796. Comments on the proposed
rulemaking were due on or before February 22, 2013, and EPA received
none. Details concerning each SIP submittal are provided in the docket
for today's final action, Docket ID: EPA-R04-OAR-2012-0837. The SIP
submittal changes are briefly summarized below. Please refer to EPA's
January 23, 2013, proposed rulemaking for more detailed information for
each SIP revision as well as the Agency's rationale for today's final
rulemaking. Pursuant to section 110 of the CAA, EPA is now taking final
action to approve the changes to South Carolina's SIP.
---------------------------------------------------------------------------

    \1\ South Carolina's May 1, 2012, submission to EPA also
included changes to Regulation 61-62.63--National Emissions
Standards for Hazardous Air Pollutants (NESHAP), which is not part
of the South Carolina federally approved SIP.
    \2\ This SIP submittal also makes changes to South Carolina's
SIP at Regulations 61-62.1--Definitions and General Requirements;
61-62.5, Standard 1--Emissions from Fuel Burning Operations; 61-
62.5, Standard No. 4--Emissions from Process Industries; and 61-
62.5, Standard 6--Alternative Emission Limitation Options
(``Bubble''). EPA will consider action on these changes to South
Carolina's SIP in a separate rulemaking.
    \3\ This submittal also makes changes to South Carolina's State
Regulations 61-62.60, 62.61, 62.63 and 62.72 regarding (New Source
Performance Standards) (NSPS), NESHAP for Source Categories, and
Acid Rain, respectively. However, these regulations are not part of
South Carolina's federally approved SIP; therefore, EPA is not
proposing action on these changes.
    \4\ This submittal also make changes to South Carolina's State
Regulations 61-62.60, 62.61, 62.63 and 62.72 regarding NSPS, NESHAP
and Acid Rain, respectively. However, these regulations are not part
of South Carolina's federally approved SIP; therefore, EPA is not
taking final action to approve these changes.
    \5\ This SIP submittal also included changes to SC DHEC's
Regulation 61.62-96--Nitrogen Oxides (NOX) and Sulfur
Dioxide (SO2) Budget Trading Program General Provisions.
EPA took final action to approve this portion of the December 4,
2008, submittal on October 16, 2009 (74 FR 53167).
---------------------------------------------------------------------------

A. SC DEHC Regulation 61-62.5, Standard No. 7--Prevention of
Significant Deterioration

    South Carolina's May 1, 2012, SIP submittal amends the State's PSD
regulations at Regulation 61-62.5, Standard No. 7--Prevention of
Significant Deterioration to adopt only the PM2.5 PSD
increments promulgated in the rule entitled ``Prevention of Significant
Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers
(PM2.5)--Increments, Significant Impact Levels (SILs) and
Significant Monitoring Concentration (SMC),'' Final Rule, 75 FR 64864,
(October 20, 2010) (hereafter referred to as ``PM2.5 PSD
Increments-SILs-SMC Rule''). The PM2.5 PSD Increment-SILs-
SMC Rule provided additional regulatory requirements under the PSD
program regarding the implementation of the PM2.5 NAAQS for
NSR including: (1) PM2.5 increments pursuant to section
166(a) of the CAA to prevent significant deterioration of air quality
in areas meeting the NAAQS; (2) SILs used as a screening tool (by a
major source subject to PSD) to evaluate the impact a proposed major
source or modification

may have on the NAAQS or PSD increment; and (3) a SMC (also a screening
tool) used by a major source subject to PSD to determine the subsequent
level of PM2.5 data gathering required for a PSD permit
application. PSD increments prevent air quality in clean areas from
deteriorating to the level set by the NAAQS. Therefore, an increment is
the mechanism used to estimate ``significant deterioration'' \6\ of air
quality for a pollutant in an area. Under section 165(a)(3) of the CAA,
a PSD permit applicant must demonstrate that emissions from the
proposed construction and operation of a facility ``will not cause, or
contribute to, air pollution in excess of any maximum allowable
increase or allowable concentration for any pollutant.'' When a source
applies for a permit to emit a regulated pollutant in an area that
meets the NAAQS, the state and EPA must determine if emissions of the
regulated pollutant from the source will cause significant
deterioration in air quality. As described in the PM2.5 PSD
Increment-SILs-SMC Rule, pursuant to the authority under section 166(a)
of the CAA, EPA promulgated numerical PSD increments for
PM2.5 as a new pollutant \7\ for which NAAQS were
established after August 7, 1977,\8\ and derived 24-hour and annual
PM2.5 increments for the three area classifications (Class
I, II and III) using the ``contingent safe harbor'' approach. See 75 FR
64869 and the ambient air increment tables at 40 CFR 51.166(c)(1) and
52.21(c). In addition to PSD increments for the PM2.5 NAAQS,
the PM2.5 PSD Increment-SILs-SMC Rule amended the definition
at 40 CFR 51.166 and 52.21 for ``major source baseline date'' and
''minor source baseline date'' (including trigger date) to establish
the PM2.5 NAAQS specific dates associated with the
implementation of PM2.5 PSD increments. See 75 FR 64864.
South Carolina's May 1, 2012, SIP submittal did not propose to adopt
the SILs and SMC screening tools also promulgated in the
PM2.5 PSD Increments-SILs-SMC Rule.\9\ Today's approval of
changes to South Carolina's SIP regards only the PSD increment portions
of EPA's PM2.5 PSD Increments-SILs-SMC Rule.\10\
---------------------------------------------------------------------------

    \6\ Significant deterioration occurs when the amount of the new
pollution exceeds the applicable PSD increment, which is the
``maximum allowable increase'' of an air pollutant allowed to occur
above the applicable baseline concentration for that pollutant.
Section 169(4) of the CAA provides that the baseline concentration
of a pollutant for a particular baseline area is generally the air
quality at the time of the first application for a PSD permit in the
area.
    \7\ EPA generally characterized the PM2.5 NAAQS as a
NAAQS for a new indicator of PM. EPA did not replace the
PM10 NAAQS with the NAAQS for PM2.5 when the
PM2.5 NAAQS were promulgated in 1997. EPA rather retained
the annual and 24-hour NAAQS for PM2.5 as if
PM2.5 was a new pollutant even though EPA had already
developed air quality criteria for PM generally. See 75 FR 64864
(October 20, 2012).
    \8\ EPA interprets 166(a) to authorize EPA to promulgate
pollutant-specific PSD regulations meeting the requirements of
section 166(c) and 166(d) for any pollutant for which EPA
promulgates a NAAQS after 1977.
    \9\ As part of the response to comments on the October 20, 2010,
final rulemaking, EPA explained that the Agency agrees that the SILs
and SMCs used as de minimis thresholds for the various pollutants
are useful tools that enable permitting authorities and PSD
applicants to screen out ``insignificant'' activities; however,
these values are not required by the Act as part of an approvable
SIP program. EPA believes that most states are likely to adopt the
SILs and SMCs because of the useful purpose they serve regardless of
EPA's position that the values are not mandatory. Alternatively,
states may develop more stringent values if they desire to do so. In
any case, states are not under any SIP-related deadline for revising
their PSD programs to add these screening tools. See 75 FR 64864,
64900.
    \10\ The Sierra Club challenged EPA's authority to implement the
PM2.5 SILs and SMC for PSD purposes as promulgated in the
October 20, 2010, PM2.5 PSD Increment-SILs-SMC Rule. See
Sierra Club v. EPA, Case No 10-1413 (D.C. Cir. January 22, 2013). On
January 22, 2013, the court issued an order vacating and remanding
to EPA for further consideration the portions of its
PM2.5 PSD Increment-SILs-SMC Rule addressing the
PM2.5 SILs, except for the parts codifying the
PM2.5 SILs in the NSR rule at 40 CFR 51.165(b)(2). The
court also vacated parts of the PM2.5 PSD Increment-SILs-
SMC Rule establishing the PM2.5 SMC, finding that the
Agency had exceeded its statutory authority with respect to these
provisions. The D.C. Circuit Court's decision can be found in the
docket for today's rulemaking at www.regulations.gov using docket
ID: EPA-R04-OAR-2012-0837.
---------------------------------------------------------------------------

B. Regulation 61-62.5, Standard No. 2--Ambient Air Quality Standards

    South Carolina's December 4, 2008, December 23, 2009, and July 18,
2011, SIP submissions, as well as the May 1, 2012, submission, all
update South Carolina's ambient air quality standards table at
Regulation 61-62.5, Standard No. 2--Ambient Air Quality Standards to be
consistent with EPA's NAAQS at 40 CFR part 50 and table at http://www.epa.gov/air/criteria.html. The four SIP submittals amending SC
DEHC's NAAQS table can be found in the docket for this proposed
rulemaking at www.regulations.gov and are summarized below.
1. December 4, 2008, SIP Submittal
    Amends the State's NAAQS table at Regulation 61-62.5, Standard No.
2 to address the amendment to the 24-hour primary NAAQS for
PM2.5 from 65 micrograms per cubic meter ([micro]g/m\3\) to
35 [micro]g/m\3\ in accordance with EPA's October 17, 2006, revision of
the PM2.5 NAAQS. See 71 FR 61144.
2. December 23, 2009, SIP Submittal
    This submittal revises the table at Regulation 61-62.5, Standard
No. 2 to (1) add the 2008 8-hour ozone NAAQS of 75 parts per billion,
(2) amend the lead \11\ NAAQS to 0.15 [micro]g/m\3\ and (3) remove the
1-hour ozone NAAQS, which EPA revoked on June 15, 2005, one year after
the effective date of the 1997 8-hour ozone designations. See 70 FR
44470 (August 3, 2005), 69 FR 23858 and 69 FR 23951(April 30,
2004).\12\
---------------------------------------------------------------------------

    \11\ On November 12, 2008, EPA revised the lead NAAQS from 1.5
[micro]g/m\3\ to 0.15 [micro]g/m\3\ based on a rolling 3-month
average for both the primary and secondary standards. See 73 FR
66964.
    \12\ On June 15, 2005 (one year after the effective date of the
1997 8-hour ozone designations), EPA revoked the 1-hour ozone NAAQS
for all areas except the 8-hour ozone nonattainment-deferred Early
Action Compact (EAC) areas. The 1-hour ozone NAAQS for the EAC
nonattainment-deferred areas, including those in South Carolina
(Greenville-Spartanburg-Anderson, SC) and Central Midlands Columbia
Area, was revoked on April 15, 2009 (one year after the effective
date of the EAC areas' 8-hour ozone designations to attainment). See
64 FR 17897 (April 2, 2008), 69 FR 23858 and 69 23951 (April 30,
2004).
---------------------------------------------------------------------------

3. July 18, 2011, SIP Submittal \13\
---------------------------------------------------------------------------

    \13\ These two revisions are superseded by SC DHEC's May 1,
2012, SIP submittal, which streamlines and reformats the State's
NAAQS table at Regulation 61-62.5, Standard No. 2.
---------------------------------------------------------------------------

    This SIP revision clarifies at Regulation 61-62.5, Standard No. 2
that the carbon monoxide 1-hour and 8-hour average concentrations are
not to be exceeded more than once a year (in accordance with 40 CFR
50.8) and adds a footnote referencing 40 CFR 50.16 for detailed
explanation concerning calculation of the rolling 3-month average for
the lead NAAQS.
4. May 1, 2012, SIP Submittal
    This submittal removes from the table at Regulation 61-62.5,
Standard No. 2 the coarse particulate matter (PM10) annual
standard to be consistent with EPA's October 17, 2006, revocation of
the annual PM10 NAAQS. See 71 FR 61144. In addition, this
SIP revision reformats the NAAQS table in an effort to ensure
information found therein is consistent with EPA's NAAQS at 40 CFR 50
and the table at http://www.epa.gov/air/criteria.html including
removing the table's footnotes and instead adding a column referencing
the federal CFR for each NAAQS, streamlining the units column, and
updating test method references.

C. Regulation 61-62.1--Definitions and General Requirements

    South Carolina's December 4, 2008, and February 16, 2011, SIP
submittals also amend the State's definition for VOC at Regulation 61-
62.1--Definitions

and General Requirements to include additional compounds
1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane
(HFE-7300) (as amended on January 18, 2007 (72 FR 2193)) and propylene
carbonate and dimethyl carbonate (amended on January 21, 2009 (74 FR
3437)), respectively, to the list of compounds excluded from the
definition of VOC on the basis that they have a negligible contribution
to tropospheric formation of ozone to be consistent with the federal
definition at 40 CFR 51.100(s).

D. Regulation 61-62.5, Standard 5--Volatile Organic Compounds

    Lastly, the December 4, 2008, submittal makes an administrative
correction to subparagraphs 2.a.(i)(a) and (b) of Regulation 61-62.5,
Standard 5, Section II, Part Q (Manufacture of Synthesized
Pharmaceutical Products) by adding the term and symbol ``minus (-)'' to
express the outlet gas temperature threshold for surface condensers.

II. This Action

    In this rulemaking EPA is taking final action to approve South
Carolina's multiple SIP revisions to adopt the PM2.5
increments, update the State's NAAQS table, update the definition for
VOC and make an administrative correction. South Carolina's May 1,
2012, SIP submittal adopts PM2.5 PSD increments revisions
(pursuant to section 166(a) of the CAA) into the South Carolina SIP at
Regulation 61-62.5, Standard No. 7 \14\ as promulgated in the October
20, 2010, rule and codified at 40 CFR 51.166, including (1) addition of
PM2.5 PSD increments at SC DEHC's increments at Regulation
61-62.5, Standard No. 7 (c) and (p)(5)(for Class I variances)
(consistent with the tables at 40 CFR 51.166(c)), including replacing
the term ``particulate matter'' with ``PM10'' in the tables
at Regulation 61-62.5, Standard No. 7 paragraphs (c) and (p)(5) (for
Class I Variances) and replacing the term ``particulate matter'' with
``PM2.5, PM10'' in the text at Regulation 61-
62.5, Standard No. 7 paragraph (p)(5) (for Class I Variances); (2)
revision to the definition at Regulation 61-62.5, Standard No. 7,
paragraph (b)(31)(i)(a)-(c) for ``major source baseline date''
(consistent with 40 CFR 51.166(b)(14)(i)(a) and (c)), to establish
major source baseline date for PM2.5 and removing the term
``particulate matter'' to distinguish between PM10 and
PM2.5; Regulation 61-62.5, Standard No. 7, paragraph
(b)(31)(ii)(a)-(c) for ``minor source baseline date,'' to establish the
PM2.5 ``trigger date'' (consistent with 40 CFR
51.166(b)(14)(ii)(c)) and remove the term ``particulate matter'' to
distinguish between PM10 and PM2.5; (3) revisions
to Regulation 61-62.5, Standard No. 7, paragraph (5)(i) for ``baseline
area'' (consistent with 40 CFR 51.166(b)(15)(i) and (ii)) to specify
pollutant air quality impact annual averages and amend the regulatory
reference for section 107(d) of the CAA at paragraph (5)(ii); and (4)
amendment to Regulation 61-62.5, Standard No. 7 paragraph
(b)(31)(iii)(a) to also amend the regulatory reference for section
107(d) of the CAA and to add a reference to 40 CFR 51.166. These
changes provide for the implementation of the PM2.5 PSD
increments for the PM2.5 NAAQS in South Carolina's PSD
program.
---------------------------------------------------------------------------

    \14\ South Carolina currently has a SIP-approved NSR program for
new and modified stationary sources. SC DHEC's PSD preconstruction
rules are found at Regulation 61-62.5, Standard No. 7--Prevention of
Significant Deterioration and apply to major stationary sources or
modifications constructed in areas designated attainment or
unclassifiable/attainment as required under part C of title I of the
CAA with respect to the NAAQS.
---------------------------------------------------------------------------

    EPA is also taking final action to approve South Carolina's changes
to its Regulation 61-62.5, Standard No. 2--Ambient Air Quality
Standards table submitted May 1, 2012, July 18, 2011, February 16,
2011, December 23, 2009, and December 4, 2008, SIP revisions. Lastly,
EPA is taken final action to approve SC DEHC's changes to the
definition of VOC at Regulation 61-62.1--Definitions and General
Requirements and administrative correction at Regulation 61-62.5,
Standard 5--Volatile Organic Compounds.
    Notably, EPA is not taking action on multiple components of the
above-referenced SIP submittals--those portions are outlined in Section
I, Background, above.

III. Final Action

    EPA is taking final action to approve portions of multiple SIP
submissions revising South Carolina's SIP to adopt the PM2.5
increments as amended in the October 20, 2010, PM2.5 PSD
Increments-SILs-SMC Rule, federal NAAQS updates and VOC definition
updates, and to make an administrative correction. EPA has made the
determination that these SIP submittals are approvable because they are
consistent with section 110 of the CAA and EPA regulations regarding
NSR permitting.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, 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 have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is approved to apply the PSD permitting program statewide including
the Catawba Indian Nation in York County, South Carolina. Pursuant to
the Catawba Indian Claims Settlement Act, S.C. Code Ann. 27-16-120,
``all state and local environmental laws and regulations apply to the
Catawba Indian Nation and Reservation and are fully enforceable by all
relevant state and local agencies and

authorities.'' While this action revises South Carolina's existing NSR
PSD permitting regulations in the SIP, EPA has determined that these
revisions will not impose any substantial direct costs on tribal
governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    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 June 3, 2013. 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 may not be 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, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: March 21, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
    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 PP--South Carolina

0
2. Section 52.2120 is amended at paragraph (c) by:
0
a. Under Regulation No. 62.1 revising the entry for ``Section 1'',
0
b. Under Regulation No. 62.5 revising the entry for ``Standard No. 2'',
0
c. Under Regulation No. 62.5, Standard No. 5, Section II revising the
entry for ``Part Q'',
0
d. Under Regulation No. 62.5 revising the entry for ``Standard No. 7'',
and
0
e. Revising the first ``footnote 1'' and removing the second ``footnote
1'' to read as follows:

Sec.  52.2120  Identification of plan.

* * * * *
    (c) * * *

                              Air Pollution Control Regulations for South Carolina
----------------------------------------------------------------------------------------------------------------
                                                                State       EPA approval      Federal Register
          State citation                Title/subject      effective date       date               notice
----------------------------------------------------------------------------------------------------------------
Regulation No. 62.1...............  Definitions and             6/26/1998       8/10/2004  69 FR 48395
                                     General Requirements.
Section I.........................  Definitions..........      11/26/2010          4/3/13  [Insert citation of
                                                                                publication]

                                                  * * * * * * *
Regulation No. 62.5...............  Air Pollution Control  ..............  ..............  .....................
                                     Standards.

                                                  * * * * * * *
Standard No. 2....................  Ambient Air Quality         4/27/2012          4/3/13  [Insert citation of
                                     Standards.                                             publication]

                                                  * * * * * * *
Standard No. 5....................  Volatile Organic       ..............  ..............  .....................
                                     Compounds.

                                                  * * * * * * *
Section II........................  Provisions for         ..............  ..............  .....................
                                     Specific Sources.

                                                  * * * * * * *
Part Q............................  Manufacture of             10/24/2008          4/3/13  [Insert citation of
                                     Synthesized                                            publication]
                                     Pharmaceutical
                                     Products.

                                                  * * * * * * *
Standard No. 7....................  Prevention of               4/27/2012          4/3/13  [Insert citation of
                                     Significant                                            publication]
                                     Deterioration\1\.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

\1\ This regulation (submitted on April 14, 2009) includes the phrase ``except ethanol production facilities
  producing ethanol by natural fermentation under the North American Industry Classification System (NAICS)
  codes 325193 or 312140,'' (at Regulation 61-62.5, Standard No. 7(b)(32)(i)(a) and (iii)(b)(t),
  (42)(i)1(viii)(t) and Regulation 61-62.5, Standard No. 7.1(c)7(C)(xx) and (e)(T)) as amended in the Ethanol
  Rule. See 72 FR 24060 (May 1, 2007). EPA has not yet taken action to approve this phrase in the South Carolina
  SIP.

* * * * *
[FR Doc. 2013-07653 Filed 4-2-13; 8:45 a.m.]
BILLING CODE 6560-50-P