[Federal Register Volume 85, Number 94 (Thursday, May 14, 2020)]
[Notices]
[Pages 28958-28961]
[FR Doc No: 2020-10373]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0618]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Electronic Products

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Submit written comments (including recommendations) on the
collection of information by June 15, 2020.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be submitted to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. The OMB control number for
this information collection is 0910-0025. Also include the FDA docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: JonnaLynn Capezzuto, Office of
Operations, Food and Drug Administration, Three White Flint North, 10A-
12M, 11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Electronic Products

OMB Control Number 0910-0025--Extension

    Under sections 532 through 542 of the Federal Food, Drug, and
Cosmetic Act (FD&C Act) (21 U.S.C. 360ii through 360ss), FDA has the
responsibility to protect the public from unnecessary exposure of
radiation from electronic products. The regulations issued under these
authorities are listed in Title 21 of the Code of Federal Regulations,
chapter I, subchapter J, parts 1000 through 1050 (21 CFR parts 1000
through 1050).
    Section 532 of the FD&C Act directs the Secretary of Health and
Human Services (the Secretary), to establish and carry out an
electronic product radiation control program, including the
development, issuance, and administration of performance standards to
control the emission of electronic product radiation from electronic
products. The program is designed to protect the public health and
safety from electronic radiation, and the FD&C Act authorizes the
Secretary to procure (by negotiation or otherwise) electronic products
for research and testing purposes and to sell or otherwise dispose of
such products. Section 534(g) of the FD&C Act directs the Secretary to
review and evaluate industry testing programs on a continuing basis;
and section 535(e) and (f) of the FD&C Act directs the Secretary to
immediately notify manufacturers of, and ensure correction of,
radiation defects or noncompliance with performance standards. Section
537(b) of the FD&C Act contains the authority to require manufacturers
of electronic products to establish and maintain records (including
testing records), make reports, and provide information to determine
whether the manufacturer has acted in compliance.
    The regulations under parts 1002 through 1010 specify reports to be
provided by manufacturers and distributors to FDA and records to be
maintained in the event of an investigation of a safety concern or a
product recall. FDA conducts laboratory compliance testing of products
covered by regulations for product standards in parts 1020, 1030, 1040,
and 1050.
    FDA details product-specific performance standards that specify
information to be supplied with the product or require specific
reports. The information collections are either specifically called for
in the FD&C Act or were developed to aid the Agency in performing its
obligations under the FD&C Act. The data reported to FDA and the
records maintained are used by FDA and the industry to make decisions
and take actions that protect the public from radiation hazards
presented by electronic products. This information refers to the
identification of, location of, operational characteristics of, quality
assurance programs for, and problem identification and correction of
electronic products. The data provided to users and others are intended
to encourage actions to reduce or eliminate radiation exposures.
    FDA uses the following forms to aid respondents in the submission
of information for this information collection:

 Form FDA 2579 ``Report of Assembly of a Diagnostic X-Ray
System''
 Form FDA 2767 ``Notice of Availability of Sample Electronic
Product''
 Form FDA 2877 ``Declaration for Imported Electronic Products
Subject to Radiation Control Standards''
 Form FDA 3649 ``Accidental Radiation Occurrence (ARO)''
 Form FDA 3626 ``A Guide for the Submission of Initial Reports
on Diagnostic X-Ray Systems and Their Major Components''
 Form FDA 3627 ``Diagnostic X-Ray CT [Computed Tomography]
Products Radiation Safety Report''
 Form FDA 3628 ``General Annual Report (Includes Medical,
Analytical, and Industrial X-Ray Products Annual Report)''
 Form FDA 3629 ``Abbreviated Report''
 Form FDA 3630 ``Guide for Preparing Product Reports on
Sunlamps and Sunlamp Products''
 Form FDA 3631 ``Guide for Preparing Annual Reports on
Radiation Safety Testing of Sunlamp Products''
 Form FDA 3632 ``Guide for Preparing Product Reports on Lasers
and Products Containing Lasers''
 Form FDA 3633 ``General Variance Request''
 Form FDA 3634 ``Television Products Annual Report''
 Form FDA 3635 ``Laser Light Show Notification''
 Form FDA 3636 ``Guide for Preparing Annual Reports on
Radiation Safety Testing of Laser and Laser Light Show Products''
 Form FDA 3637 ``Laser Original Equipment Manufacturer (OEM)
Report''
 Form FDA 3638 ``Guide for Filing Annual Reports for X-Ray
Components and Systems''
 Form FDA 3639 ``Guidance for the Submission of Cabinet X-Ray
System Reports Pursuant to 21 CFR 1020.40''
 Form FDA 3640 ``Reporting Guide for Laser Light Shows and
Displays''
 Form FDA 3147 ``Application for a Variance From 21 CFR
1040.11(c) for a Laser Light Show, Display, or Device''
 Form FDA 3641 ``Cabinet X-Ray Annual Report''

 Form FDA 3642 ``General Correspondence''
 Form FDA 3643 ``Microwave Oven Products Annual Report''
 Form FDA 3644 ``Guide for Preparing Product Reports for
Ultrasonic Therapy Products''
 Form FDA 3645 ``Guide for Preparing Annual Reports for
Ultrasonic Therapy Products''
 Form FDA 3646 ``Mercury Vapor Lamp Products Radiation Safety
Report''
 Form FDA 3647 ``Guide for Preparing Annual Reports on
Radiation Safety Testing of Mercury Vapor Lamps''
 Form FDA 3659 ``Reporting and Compliance Guide for Television
Products''
 Form FDA 3660 ``Guidance for Preparing Reports on Radiation
Safety of Microwave Ovens''
 Form FDA 3661 ``A Guide for the Submission of an Abbreviated
Report on X-Ray Tables, Cradles, Film Changers, or Cassette Holders
Intended for Diagnostic Use''
 Form FDA 3662 ``A Guide for the Submission of an Abbreviated
Radiation Safety Report on Cephalometric Devices Intended for
Diagnostic Use''
 Form FDA 3663 ``Abbreviated Reports on Radiation Safety for
Microwave Products (Other than Microwave Ovens)''
 Form FDA 3801 ``Guide for Preparing Initial Reports and Model
Change Reports on Medical Ultraviolet Lamps and Products Containing
Such Lamps''
    The respondents to this information collection are electronic
product and x-ray manufacturers, importers, and assemblers. The burden
estimates were derived by consultation with FDA and industry personnel,
and are based on data collected from industry, including product report
submissions. An evaluation of the type and scope of information
requested was also used to derive some time estimates.
    In the Federal Register of January 23, 2020 (85 FR 3925), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                                      Table 1--Estimated Annual Reporting Burden 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Number of
     Activity; 21 CFR section              FDA form           Number of     responses per   Total annual   Average  burden per  response    Total hours
                                                             respondents     respondent       responses                                         \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Product reports--1002.10(a)         3626--Diagnostic x-             1,400             2.2           3,080  24...........................          73,920
 through (k).                        ray.
                                    3627--CT x-ray.......
                                    3639--Cabinet x-ray..
                                    3632--Laser..........
                                    3640--Laser light
                                     show.
                                    3630--Sunlamp........
                                    3646--Mercury vapor
                                     lamp.
                                    3644--Ultrasonic
                                     therapy.
                                    3659--TV.............
                                    3660--Microwave oven.
                                    3801--UV lamps.......
Product safety or testing changes-- .....................             480             2.5           1,200  0.5 (30 minutes).............             600
 1002.11(a) and (b).
Abbreviated reports--1002.12......  3629--General                      60             1.8             108  5............................             540
                                     abbreviated report.
                                    3661--X-ray tables,
                                     etc..
                                    3662--Cephalometric
                                     device.
                                    3663--Microwave
                                     products (non-oven).
Annual reports--1002.13(a) and (b)  3628--General........           1,660             1.3           2,158  18...........................          38,844
                                    3634--TV.............
                                    3638--Diagnostic x-
                                     ray.
                                    3641--Cabinet x-ray..
                                    3643--Microwave oven.
                                    3636--Laser..........
                                    3631--Sunlamp........
                                    3647--Mercury vapor
                                     lamp.
                                    3645--Ultrasonic
                                     therapy.
Quarterly updates for new models--  .....................             120             1.4             168  0.5 (30 minutes).............              84
 1002.13(c).
Accidental radiation occurrence     3649--ARO............              30             6.7             201  2............................             402
 reports--1002.20.
Exemption requests--1002.50(a) and  3642--General                       4             1.3               5  1............................               5
 1002.51.                            correspondence.
Product and sample information--    2767--Sample product.               5               1               5  0.1 (6 minutes)..............               1
 1005.10.

Identification information and      2877--Imports                  12,620             2.5          31,550  0.2 (12 minutes).............           6,310
 compliance status--1005.25.         declaration.
Alternate means of certification--  .....................               1               2               2  5............................              10
 1010.2(d).
Variance--1010.4(b)...............  3633--General                     350             1.1             385  1.2..........................             462
                                     variance request.
                                    3147--Laser show
                                     variance request.
                                    3635--Laser show
                                     notification.
Exemption from performance          .....................               1               1               1  22...........................              22
 standards--1010.5(c) and (d).
Alternate test procedures--1010.13  .....................               1               1               1  10...........................              10
Report of assembly of diagnostic x- 2579--Assembler                 1,230              34          41,820  0.3 (18 minutes).............          12,546
 ray components--1020.30(d), and     report.
 (d)(1) and (2).
Microwave oven exemption from       .....................               1               1               1  1............................               1
 warning labels--1030.10(c)(6)(iv).
Laser products registration--       3637--OEM report.....              70             2.9             203  3............................             609
 1040.10(a)(3)(i).
                                   ---------------------------------------------------------------------------------------------------------------------
    Total.........................  .....................  ..............  ..............  ..............  .............................         134,366
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ Total hours have been rounded.

                                                    Table 2--Estimated Annual Recordkeeping Burden 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Number of
           Activity; 21 CFR section               Number of      records per    Total annual       Average  burden per  recordkeeping       Total hours
                                                recordkeepers   recordkeeper       records                                                      \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Manufacturers records--1002.30 and 1002.31(a)           1,650           1,650       2,722,500  0.12 (7 minutes).........................         326,700
Dealer/distributor records--1002.40 and                 3,110              50         155,500  0.05 (3 minutes).........................           7,775
 1002.41.
Information on diagnostic x-ray systems--                  50               1              50  0.5 (30 minutes).........................              25
 1020.30(g).
Laser products distribution ;records--                     70               1              70  1........................................              70
 1040.10(a)(3)(ii).
                                              ----------------------------------------------------------------------------------------------------------
    Total....................................  ..............  ..............  ..............  .........................................         334,570
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ Total hours have been rounded.

                            Table 3--Estimated Annual Third-Party Disclosure Burden 1
----------------------------------------------------------------------------------------------------------------
                                                    Number of                         Average
   Activity; 21 CFR section        Number of     disclosures per   Total annual     burden per      Total hours
                                  respondents      respondent       disclosures     disclosure          \2\
----------------------------------------------------------------------------------------------------------------
Technical and safety                         1                 1               1              12              12
 information for users--1002.3
Dealer/distributor records--                30                 3              90               1              90
 1002.40 and 1002.41..........
Television receiver critical                 1                 1               1               1               1
 component warning--
 1020.10(c)(4)................
Cold cathode tubes--                         1                 1               1               1               1
 1020.20(c)(4)................
Information on diagnostic x-                 6                 1               6              55             330
 ray systems--1020.30(g)......
Statement of maximum line                    6                 1               6              10              60
 current of x-ray systems--
 1020.30(g)(2)................
Diagnostic x-ray system safety               6                 1               6             200           1,200
 and technical information--
 1020.30(h)(1) through (4)....
Fluoroscopic x-ray system                    5                 1               5              25             125
 safety and technical
 information--1020.30(h)(5)
 and (6) and 1020.32(a)(1),
 (g), and (j)(4)..............
CT equipment--1020.33(c), (d),               5                 1               5             150             750
 (g)(4), and (j)..............
Cabinet x-ray systems                        6                 1               6              40             240
 information--1020.40(c)(9)(i)
 and (ii).....................
Microwave oven radiation                     1                 1               1              20              20
 safety instructions--
 1030.10(c)(4)................

Microwave oven safety                        1                 1               1              20              20
 information and instructions--
 1030.10(c)(5)(i) through (iv)
Microwave oven warning labels--              1                 1               1               1               1
 1030.10(c)(6)(iii)...........
Laser products information--                 3                 1               3              20              60
 1040.10(h)(1)(i) through (vi)
Laser product service                        3                 1               3              20              60
 information--1040.10(h)(2)(i)
 and (ii).....................
Medical laser product                        2                 1               2              10              20
 instructions--1040.11(a)(2)..
Sunlamp products instructions--              1                 1               1              10              10
 1040.20......................
Mercury vapor lamp labeling--                1                 1               1               1               1
 1040.30(c)(1)(ii)............
Mercury vapor lamp permanently               1                 1               1               1               1
 affixed labels--1040.30(c)(2)
Ultrasonic therapy products--                1                 1               1              56              56
 1050.10(d)(1) through (d),
 (f)(1), and (f)(2)(iii)......
                               ---------------------------------------------------------------------------------
    Total.....................  ..............  ................  ..............  ..............           3,058
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ Total hours have been rounded.

    Based on a review of the information collection, we have made no
adjustments to our burden estimate.

    Dated: May 6, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-10373 Filed 5-13-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: April 5, 2010 (Volume 75, Number 64)]
[Notices]
[Page 17200-17202]
[DOCID:fr05ap10-112]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Compliance and Enforcement Bulletin No. 2010-1

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of enforcement policy.

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SUMMARY: This notice announces a limited program to forgo enforcement
action for persons who disclose before September 30, 2010, previous
falsification on applications for airman medical certification
regarding the use of antidepressant medication, the underlying
condition for which the antidepressant was prescribed, and visits to
health professionals in connection with the antidepressant use or
underlying condition.

DATES: Effective Dates: Effective date April 5, 2010. This Notice is
issued simultaneously with ``Special Issuance Medical Certificates to
Applicants Being Treated with Certain Types of Antidepressants,''
[Docket No. FAA-2009-0773].

FOR FURTHER INFORMATION CONTACT: Susan S. Caron, Enforcement Division,
FAA Office of the Chief Counsel, 800 Independence Avenue, SW.,
Washington, DC 20591;<PHONE_NUMBER>; e-mail address;
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Compliance and Enforcement Bulletin 2010-1, which amends FAA Order
2150.3B, Compliance and Enforcement Programs, is being issued in
connection with FAA policy statement, ``Special Issuance Medical
Certificates to Applicants Being Treated with Certain Types of
Antidepressants,'' [Docket No. FAA-2009-0773]. The Bulletin is intended
to encourage airmen to make a complete disclosure regarding a history
of or current use of antidepressant medications, the underlying
condition for which the antidepressant medication was prescribed, and
associated visits to health professionals so that they can be
considered for special issuance medical certification under the new
policy on the use of certain antidepressants. Under the terms of
Bulletin 2010-1, the FAA will not initiate legal enforcement

action against applicants for violations of 14 CFR 67.403 regarding
past medical applications if the applicant discloses a history of
antidepressant use, the underlying condition for which the medication
was prescribed, and visits to health professionals in connection with
the antidepressant use or underlying condition on an application for
medical certification made between April 5, 2010 and September 30,
2010.

The Notice

Compliance and Enforcement Bulletin No. 2010-1

    Subject: Forgoing enforcement action for persons who disclose
previous falsification on applications for airman medical certification
regarding the use of antidepressant medication, the underlying
condition for which the antidepressant was prescribed, and visits to
health professionals in connection with the antidepressant use or
underlying condition.
    Discussion: This Bulletin is issued in connection with FAA policy
statement, ``Special Issuance Medical Certificates to Applicants Being
Treated with Certain Types of Antidepressants,'' [Docket No. FAA-2009-
0773], published in the Federal Register on April 5, 2010. In that
policy statement, the Federal Air Surgeon reiterates his conclusion
that the use of antidepressant medication is disqualifying for airman
medical certification under the standards in subparts B, C, or D of 14
CFR part 67 and, therefore, a basis for denial of medical certification
for airmen using such medication. Until now, the Federal Air Surgeon
generally also has been unwilling to grant the special issuance of
airman medical certificates under 14 CFR 67.401 to airmen who take
antidepressant medications. In his policy statement, however, the
Federal Air Surgeon has announced that he is now prepared to consider,
on a case-by-case basis, applicants who take certain antidepressant
medications identified in the policy for the special issuance of all
classes of medical certification. This change in policy is explained in
the Federal Air Surgeon's policy statement.
    The Federal Air Surgeon is aware that some airmen who take
antidepressant medications may have knowingly concealed their use of
the medications on past applications for airman medical certification
in order to obtain a medical certificate. Under FAA's sanction
guidance, the ordinary sanction for intentional falsification of an
application for airman medical certification, an act prohibited by 14
CFR 67.403, is revocation of the airman's medical certificate and all
other airman or ground instructor certificates held by the airman.
    The FAA wants to encourage airmen to make a complete disclosure
regarding a history of or current use of antidepressant medications,
the underlying condition for which the antidepressant medication was
prescribed, and associated visits to health professionals so that they
can be considered for special issuance medical certification.
Therefore, the FAA will not initiate legal enforcement action against
applicants for violations of 14 CFR 67.403 regarding past medical
applications if the applicant discloses a history of antidepressant
use, the underlying condition for which the medication was prescribed,
and visits to health professionals in connection with the
antidepressant use or underlying condition on an application for
medical certification made between April 5, 2010 and September 30,
2010. The FAA believes that safety requires that any airman taking
antidepressant medication must be properly evaluated, and if
appropriate, followed, which can be accomplished through the special
issuance certification process. The FAA believes that in the limited
circumstances described in this Bulletin, the benefit of facilitating
the disclosure of antidepressant use will outweigh any harm to the
public interest caused by forgoing FAA enforcement action for
falsification.
    The FAA does not have the authority to offer immunity from criminal
prosecution under 18 U.S.C. 1001 for making any materially false,
fictitious, or fraudulent statement or entry on the medical application
(FAA Form 8500-8) because immunity can only be offered by the
Department of Justice (DOJ). However, the FAA and the Department of
Transportation's Office of Inspector General (DOT OIG), the office
through which the FAA makes referrals for possible criminal
prosecution, have agreed that the FAA will not refer cases of apparent
intentional falsification covered by this Bulletin to the DOT OIG for
criminal investigation or prosecution.
    The policy set forth in this Bulletin is limited to disclosure of
past and present antidepressant use, the underlying condition for which
the antidepressant medication was prescribed, and visits to health
professionals in connection with the antidepressant use and underlying
condition. It in no way is intended to undermine the FAA's lack of
tolerance for airmen who intentionally falsify applications for airman
medical certification. This Bulletin does not provide any protection
from enforcement action to individuals who may have falsified other
information on FAA Form 8500-8 than that described in this Bulletin.
    To benefit from the protection offered under this Compliance and
Enforcement Bulletin, an airman must surrender for cancellation to the
Federal Air Surgeon any current medical certificates. The airman must
apply for a medical certificate between April 5, 2010 and midnight on
September 30, 2010. On the application, the applicant must disclose his
or her complete history of antidepressant use, the underlying condition
for which the medication was prescribed, and visits to health
professionals in connection with antidepressant use or the underlying
condition. If an applicant falsifies any of this information on an
application made on or after April 5, 2010, the FAA may take
enforcement action based on that application and the previously
falsified applications.
    The protection from FAA enforcement action for intentional
falsification provided by this Compliance and Enforcement Bulletin
applies to all airmen who meet the requirements of this Bulletin before
midnight on September 30, 2010, regardless of whether the Federal Air
Surgeon is able to find the applicant qualified for the special
issuance of a medical certificate under 14 CFR 67.401. Applicants need
to be aware that the special issuance of a medical certificate is a
decision made at the discretion of the Federal Air Surgeon to
individuals who do not meet the medical standards for an unrestricted
certificate under 14 CFR part 67, subparts B, C, and D only when the
Federal Air Surgeon finds that the individual can perform the duties
authorized by the class of medical certificate applied for without
endangering public safety. It is not likely that all applications will
result in the issuance of a certificate under section 67.401. The
Federal Air Surgeon will consider an airman's individual medical and
psychiatric history and all supporting documentation submitted with the
application on a case-by-case basis before determining whether to grant
the special issuance of a certificate. If the Federal Air Surgeon finds
after completing his assessment that he cannot safely issue an
applicant who has complied with the terms of this Compliance and
Enforcement Bulletin a special issuance medical certificate, the
applicant will receive a final denial letter notifying the applicant
that he or she is not qualified under the part 67 medical standards and
that a special issuance certificate has also been denied. An airman may
petition the National Transportation Safety Board

for review of the denial under the part 67 medical standards. A denial
of a special issuance certificate may be appealed to an appropriate
United States court of appeals.

FOR FURTHER INFORMATION CONTACT: Susan S. Caron, Enforcement Division,
AGC-300, 800 Independence Avenue, SW., Washington, DC 20591;
<EMAIL_ADDRESS>
    Issued in Washington, DC, on March 30, 2010.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2010-7658 Filed 4-2-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 148 (Friday, July 31, 2020)]
[Notices]
[Page 46080]
[FR Doc No: 2020-16674]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EG20-219-000.
    Applicants: SR Georgia Portfolio I MT, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of SR Georgia Portfolio I MT, LLC.
    Filed Date: 7/24/20.
    Accession Number: 20200724-5144.
    Comments Due: 5 p.m. ET 8/14/20.

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

    Docket Numbers: ER19-1644-001.
    Applicants: Richland-Stryker Generation LLC.
    Description: Report Filing: Refund report to be effective N/A.
    Filed Date: 7/27/20.
    Accession Number: 20200727-5123.
    Comments Due: 5 p.m. ET 8/17/20.

    Docket Numbers: ER20-1970-000.
    Applicants: Diamond Spring, LLC.
    Description: Supplement to June 2, 2020 Diamond Spring, LLC tariff
filing.
    Filed Date: 7/24/20.
    Accession Number: 20200724-5130.
    Comments Due: 5 p.m. ET 8/3/20.

    Docket Numbers: ER20-2101-001.
    Applicants: Fern Solar LLC.
    Description: Tariff Amendment: Amendment to 1 to be effective 7/15/
2020.
    Filed Date: 7/24/20.
    Accession Number: 20200724-5143.
    Comments Due: 5 p.m. ET 8/14/20.

    Docket Numbers: ER20-2179-000; ER20-1907-000; ER20-1980-001; ER20-
1985-000; ER20-1986-000; ER20-1987-000; ER20-1988-000; ER20-1991-000;
ER20-2012-000; ER20-2019-000; ER20-2027-000; ER20-2049-000; ER20-2064-
000; ER20-2069-000; ER20-2070-000; ER20-2153-000; ER20-2237-000; ER20-
2380-000.
    Applicants: Baldwin Wind Energy, LLC, Minco Wind I, LLC, Cedar
Springs Wind, LLC, Northern Colorado Wind Energy Center, LLC, Day
County Wind I, LLC, Cerro Gordo Wind, LLC, Northern Colorado Wind
Energy Center II, LLC, Ponderosa Wind, LLC, Orbit Bloom Energy, LLC,
Gray County Wind, LLC, Cedar Springs Transmission, LLC, Cedar Springs
Wind III, LLC, High Majestic Wind I, LLC, Wheatridge Wind Energy, LLC,
Wheatridge Wind Energy II, LLC, Sanford Airport Solar, LLC, Weatherford
Wind, LLC, Saint Solar, LLC.
    Description: Amendment to Applications for Authorization to Make
Market-Based Power Sales, et al. of the NextEra Companies.
    Filed Date: 7/24/20.
    Accession Number: 20200724-5140.
    Comments Due: 5 p.m. ET 8/3/20.

    Docket Numbers: ER20-2507-000.
    Applicants: Vermont Transco LLC.
    Description: Notice of Cancellation of Original Rate Schedules 5
and 6 of Vermont Transco LLC.
    Filed Date: 7/27/20.
    Accession Number: 20200727-5087.
    Comments Due: 5 p.m. ET 8/17/20.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by 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: July 27, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-16674 Filed 7-30-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Rules and Regulations]
[Pages 17923-17925]
[FR Doc No: 2018-08621]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R08-OAR-2017-0698; FRL-9976-58-Region 8]

Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; North Dakota; Control of Emissions From
Existing Commercial and Industrial Solid Waste Incineration Units

AGENCY: Environmental Protection Agency (EPA)

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revised state plan (the ``plan'') submitted by the North Dakota
Department of Health (the ``Department'') for the regulation of
existing commercial and industrial solid waste incineration (CISWI)
units within the jurisdiction of the State of North Dakota. The
Department submitted the plan to the EPA for approval following the
promulgation of federal new source performance standards (NSPS) and
emission guidelines (EG) for CISWI units on March 21, 2011, and the
subsequent, limited revisions to that final rule published on February
7, 2013, and June 23, 2016. This plan approval final rulemaking action
is being taken in accordance with sections 111(d) and 129 of the Clean
Air Act (CAA, or the ``Act'').

DATES: This final rule is effective on May 25, 2018.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2017-0698. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g., 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 through http://www.regulations.gov, or please contact the person identified in the For
Further Information Contact section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Gregory Lohrke, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background Information

    Sections 111 and 129 of the CAA outline the EPA's statutory
authority for regulating new and existing solid waste incineration
units. Section 111(b) directs the EPA Administrator (the
``Administrator'') to publish and periodically revise a list of source
categories which significantly cause or contribute to air pollution.
This subsection also directs the Administrator to establish federal
standards of performance for new sources within these categories.
Section 111(d) grants the EPA statutory authority to require states to
submit to the agency implementation plans for establishing performance
standards applicable to existing sources belonging to those categories
established in section 111(b). Section 129 of the CAA specifically
addresses solid waste combustion and requires that the EPA regulate new
and existing waste incineration units pursuant to section 111 of the
Act, including the requirement that a state in which existing
designated facilities operate, submit for approval, a state plan for
each category of regulated waste incineration units. Section 129(b)(3)
requires the EPA to promulgate a federal plan for existing waste
incineration units of any designated category located in any state
which has not submitted an approvable 111(d)/129 state plan for said
category of waste incineration units. Such federal plans remain in
effect until the state in question submits a new or revised state plan
and subsequently receives approval and promulgation of the plan under
40 CFR part 62.
    State plan submittals under CAA sections 111(d) and 129 must be
consistent with the relevant new or revised EG. Section 129(a)(1)(D) of
the Act requires the EPA to develop and periodically revise operating
standards for new and existing CISWI units. The original NSPS and EG
for CISWI units were promulgated on December 1, 2000, at 40 CFR part
60, subparts CCCC and DDDD, respectively. Revisions to the CISWI NSPS
and EG were subsequently promulgated by the EPA on March 21, 2011 (76
FR 15704), with final actions on reconsideration of the rule published
on February 7, 2013 (78 FR 9112), and June 23, 2016 (81 FR 40956).
State plan requirements specific to CISWI units, along with a model
rule to ease adoption of the EG, are found in subpart DDDD, while more
general state plan requirements are found in 40 CFR part 60, subpart B,
and part 62, subpart A. The guidelines found in subpart DDDD require
that states impose emission limits on designated facilities for those
pollutants regulated under section 129, including: dioxins/furans,
carbon monoxide, metals (cadmium, lead and mercury), hydrogen chloride,
sulfur dioxide, oxides of nitrogen, opacity and particulate matter. The
EG also requires that state plans include essential elements pursuant
to section 129 requirements, including monitoring, operator training
and facility permitting requirements.
    On June 12, 2014, the Department submitted to the EPA a revised
section 111(d)/129 state plan for existing CISWI units in the State of
North Dakota. The current state plan received final approval and was
promulgated on September 17, 2003 (68 FR 54374), at 40 CFR part 62,
subpart JJ. Pursuant to each state's obligations following the revision
of the CISWI rule, the State of North Dakota has revised their state
rulemaking, and has submitted a revised state plan document as well as
a demonstration of legal and enforcement authority to comply with CAA
section 111/129 requirements.

II. Summary of North Dakota's Revised Section 111(d)/129 Plan for
Existing CISWI Units

    The EPA has completed a review of the revised North Dakota section
111(d)/129 state plan for existing CISWI units. The EPA has determined
that the plan submittal meets the requirements found in 40 CFR part 60,
subparts B and DDDD, and those of part 62, subpart A of that title.
Accordingly, the EPA is approving the submitted revised plan as
proposed. See 83 FR 3656 (January 26, 2018). The EPA's final approval
action is limited to the revised North Dakota CISWI state plan
document, submitted to the EPA on June 12, 2014, and the subpart DDDD
``Model Rule'' as it was incorporated by the State in the North Dakota
Administrative Code (NDAC) at Chapter 33-15-12-02, subpart DDDD. A
detailed summary of the submittal's compliance with the EG and other
federal regulatory requirements is available in the technical support
document (TSD) associated with this rulemaking action. The TSD is
available in the docket for this rulemaking action

and may be found at the http://www.regulations.gov website.

III. Response to Public Comments

    This rule will be finalized as proposed without revisions. The EPA
received five anonymous public comments on the proposed approval of the
revised North Dakota CISWI state plan. After reviewing the comments,
the EPA has determined that the comments are outside the scope of our
proposed action or fail to identify any material issue necessitating a
response. All public comments received on this rulemaking action are
available for review by the public and may be viewed by following the
instructions for access to docket materials as outlined in the
ADDRESSES section of the preamble.

IV. Final Action

    The EPA is approving North Dakota's amended section 111(d)/129
state plan for existing CISWI units. The North Dakota state plan
requirements being approved today are at least as stringent as the
requirements for existing CISWI units found in 40 CFR part 60, subpart
DDDD. Therefore, the EPA is amending 40 CFR part 62, subpart JJ to
reflect the approved revisions to North Dakota's previously approved,
current CISWI state plan. The EPA is limiting the scope of the plan
approval to the provisions of 40 CFR parts 60 and 62 for existing CISWI
units, as found in the EG at 40 CFR part 60, subpart DDDD. The
Administrator retains the authorities as listed under 40 CFR 60.2542
and 60.2030(c).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a section
111(d)/129 plan submission that complies with the provisions of the Act
and applicable federal regulations. Thus, in reviewing section 111(d)/
129 plan submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA and are not
specifically disapproved. Accordingly, this action merely finalizes
approval of state law as meeting federal requirements and does not
impose additional requirements beyond those imposed by state law. For
that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not expected to be an Executive Order 13771 regulatory
action because this action is not significant under Executive Order
12866;
     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,
     Is not subject to Executive Order 12898 (59 FR 7629,
February 16, 1994) because it does not establish an environmental
health or safety standard.
    In addition, this final rule is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    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. The 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 25, 2018. 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 CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Commercial and
industrial solid waste incineration, Intergovernmental relations,
Reporting and recordkeeping requirements.

    Dated: April 13, 2018.
Douglas Benevento,
Regional Administrator, Region 8.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
62 as set forth below:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart JJ--North Dakota

0
2. Subpart JJ is amended by revising Sec. Sec.  62.8630, 62.8631 and
62.8632 to read as follows:

Sec.  62.8630   Identification of plan.

    North Dakota ``Amended Section 111(d)/129 Plan for Commercial and
Industrial Solid Waste Incineration Units,'' and the associated State
regulation as it is incorporated in the North Dakota Administrative
Code under the State's Standards of Performance for New Stationary
Sources, Chapter 33-15-12-02, subpart DDDD. The plan and associated
regulation were submitted by the State on June 12, 2014.

Sec.  62.8631   Identification of sources.

    The amended plan applies to each existing commercial and industrial
solid waste incinerator unit and air curtain incinerator in the State
of North Dakota that commenced construction on or before June 4, 2010,
or commenced modification or reconstruction after

June 4, 2010, but no later than August 7, 2013, as such incinerator
units are defined in Sec.  60.2875 of 40 CFR part 60. The plan applies
only to units not exempt under the conditions of Sec.  60.2555 of that
part.

Sec.  62.8632   Effective date.

    The federally enforceable effective date of the amended section
111(d)/129 plan for commercial and industrial solid waste incineration
units is May 25, 2018.

[FR Doc. 2018-08621 Filed 4-24-18; 8:45 am]
 BILLING CODE 6560-50-P


"King, Heidi R."<EMAIL_ADDRESS> 05/15/2008 05:08 PM

To

Kathy Kaufman/RTP/USEPA/US@EPA

cc

Ron Evans/RTP/USEPA/US@EPA, Neal Fann/RTP/USEPA/US@EPA, Darryl Weatherhead/RTP/USEPA/US@EPA, Tom Walton/RTP/USEPA/US@EPA, Lydia Wegman/RTP/USEPA/US@EPA, Tricia Crabtree/RTP/USEPA/US@EPA, Brian Heninger/DC/USEPA/US@EPA, Rosalina Rodriguez/RTP/USEPA/US@EPA

Subject

RE: Pb RIA Chapters for OMB

Kathy et al,

I'll ask Margaret to set up time for us to walk through the RIA issues

together.

I am increasingly concerned that we have not made sufficient progress

implementing our points of agreement in the RIA for OMB to conclude

review on this document in the next few days.

My hope is that conversation will help us clarify any points of

misunderstanding.  I am in the office full day tomorrow, Friday, and

would be pleased to have the conversation with you,

heidi

-----Original Message-----

From: King, Heidi R.

Sent: Thursday, May 15, 2008 1:43 PM

To<EMAIL_ADDRESS> Cc<EMAIL_ADDRESS><EMAIL_ADDRESS> <EMAIL_ADDRESS><EMAIL_ADDRESS> <EMAIL_ADDRESS><EMAIL_ADDRESS> <EMAIL_ADDRESS><EMAIL_ADDRESS> Subject: RE: Pb RIA Chapters for OMB

Hi Kathy,

I'm still a bit worried about characterizing the RIA as analysis of

"nationally attaining" since we are only analyzing 36 counties. Perhaps

we could hop on the phone for a few minutes?

Thanks !!

Heidi

-----Original Message-----

From<EMAIL_ADDRESS> <EMAIL_ADDRESS> Sent: Thursday, May 15, 2008 11:23 AM

To: King, Heidi R.

Cc<EMAIL_ADDRESS><EMAIL_ADDRESS> <EMAIL_ADDRESS><EMAIL_ADDRESS> <EMAIL_ADDRESS><EMAIL_ADDRESS> <EMAIL_ADDRESS><EMAIL_ADDRESS> Subject: Pb RIA Chapters for OMB

Heidi -- attached are all the current chapters of the Pb RIA.  We

believe we have incorporated all of your comments, with the exception of

cascading new alternative C-R functions and new alternative blood Pb

ratios throughout the analysis.

You'll note in particular that we have incorporated the alternative

standard of 0.50 ug/m3 throughout.  Also please note changes to the

front pages of chapter 4, 5, 6, 7, and the Executive Summary to add

caveats.

Thanks.

-- Kathy

(See attached file: Pb RIA Chapter 5 Draft 5-15-08.doc)(See attached

file: Pb RIA Chapter 1 draft 5-15-08.doc)(See attached file: Pb RIA

Chapter 2 Draft 5-15-08.doc)(See attached file: Pb RIA Chapter 3 Draft

5-15-08.doc)(See attached file: Pb RIA Chapter 4 Draft 5-15-08.doc)

(See attached file: Pb RIA Exec Summ Draft 5-15-08.doc)(See attached

file: Pb RIA Chapter 6 Draft 5-15-08.doc)(See attached file: Pb RIA

Chapter 7 Draft 5-15-08.doc)(See attached file: Pb RIA Chapter 8 Draft

5-15-08.doc)

Kathy Kaufman

EPA/OAQPS Mail Code C539-03

Research Triangle Park, NC 27711

Phone<PHONE_NUMBER>

Fax<PHONE_NUMBER>