[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Rules and Regulations]
[Pages 76275-76279]
[FR Doc No: 2010-30741]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2008-0171]
RIN 1625-AA01

Anchorage Regulations; Long Island Sound

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: In this rule the Coast Guard establishes seven anchorage
grounds in Long Island Sound. These anchorages are located in
Connecticut and New York State waters. This action is necessary to aid
in facilitating the safe and secure anchoring and transiting of
vessels, particularly deep draft vessels, transiting Long Island Sound
or awaiting entry to a port or facility in New York and Connecticut.

DATES: This rule is effective January 7, 2011.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-0171 and are available online by going to
http://www.regulations.gov, inserting USCG-2008-0171 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail LT Judson Coleman, Prevention Department, Coast Guard
Sector Long Island Sound: telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 12, 2009, we published a notice of proposed rulemaking
(NPRM) entitled ``Anchorage Regulations; Long Island Sound'' in the
Federal Register (74 FR 27948). We received four letters commenting on
the proposed rule. No request for a public meeting was made. No public
meeting was held.

Basis and Purpose

    This rule establishes seven anchorage grounds in accordance with 33
CFR 109.05 and 110.1(b). This action is necessary to aid in
facilitating the safe and secure anchoring and transiting of vessels,
particularly deep draft vessels, through Long Island Sound or while
awaiting entry to a port or facility in New York or Connecticut. The
anchorage grounds are designated for general purposes, but are intended
primarily for use by commercial vessels of 300 gross tons and greater
and all tank vessels, including tank barges.
    Creating official anchorage grounds will cause more vessels to
anchor in these grounds, in addition to the large number that already
do so, thereby providing the Captain of the Port (COTP) with increased
options for vessels needing to anchor while awaiting authorization to
enter port. The designation of anchorage grounds will provide for the
safety of navigation in that it provides designated locations for
anchorage of deep draft vessels throughout Long Island Sound, in close
proximity to the major ports of Bridgeport, New Haven, and New London,
Connecticut; and Riverhead, Northport, and Port Jefferson, New York.
Vessels transiting Long Island Sound will now see charted anchorage
grounds, thus improving safety of navigation.

Background

    We consulted with several agencies in the development of these
anchorage grounds, including: The Army Corps of Engineers New England
District, the Army Corps of Engineers New York District, the National
Oceanic and Atmospheric Administration (NOAA), the National Marine
Fisheries Service (NMFS), the Connecticut Department of Environmental
Protection--Office of Long Island Sound Programs, the New York
Department of State and the New York Department of Conservation.
Additionally, the licensed marine pilots' organizations of both
Connecticut and New York were consulted due to their extensive
knowledge of the usage and need for anchorage grounds in Long Island
Sound.
    In determining the need for, and appropriate location of, the
anchorage grounds, we considered several factors, including: The
commercial need for anchorage grounds, proximity to ports, safety of
navigation, potential impact on commercial fishing, location of dredged
material disposal sites, maritime security, environmental implications
and location of known underwater obstructions, cables, pipelines and
wrecks.
    The location of several submarine cables and pipelines carrying
electricity and natural gas are de facto limitations on anchoring as
these are hazards for vessels anchoring elsewhere in the Sound. Past
anchor snags of submarine cables have not only interrupted use of the
cable, but also present potential hazards to the stability of vessels
as well as to the marine environment, should the housing of the cable
contain any environmentally harmful materials. There are no cable or
pipeline areas running through any of the seven anchorage grounds.
Establishment of these anchorage grounds provides for protection of the
environment in that vessels may anchor in an area free from cables.
This would provide protections against anchor strikes of submarine
cables and pipelines. Designation of these anchorage grounds will help
guide the installation of future cables or pipelines so that they are
located outside of the anchorage grounds.
    This rule does not exclude fishing activity or the transit of
vessels in the anchorage grounds, but only requires that all vessels
maintain a distance of 500 yards from an anchored vessel that is
conducting bunkering or lightering operations. Anchored vessels
conducting bunkering or lightering operations are readily identified as
they must display a red flag as required by 46 CFR 35.30-1 in addition
to the navigation lights and shapes required by 33 U.S.C. 2001-2038. We
anticipate the designation of these anchorage grounds may increase the
number of anchored vessels in the area; however, such increase will
cause only minimal interference to transiting vessels as the areas have
historically been utilized for anchoring. The anchorage grounds have
been configured so they do not overlap with leased shellfish beds.
    The NOAA Navigation Manager for the Northeast Region has provided
information regarding the location of wrecks within Long Island Sound.
No historical wrecked vessels are located within any of the anchorage
grounds.
    As discussed below, the anchorage grounds established by this final
rule do not overlap dredge disposal sites.

Discussion of Comments and Changes

    Of the four comment letters received, two expressed support for the
regulation and two expressed concerns about specific provisions. We
revised the regulation in response to these comments, and we discuss
those changes below.
    The Army Corps of Engineers commented that three of the proposed

anchorage grounds overlapped with dredge disposal sites. The Army Corps
expressed concern that anchoring activities could disturb potentially
contaminated sediment at these dredge disposal sites. After further
consultation with the Army Corps, therefore, the Coast Guard
reconfigured the proposed Bridgeport, New Haven South, and New London
anchorage grounds to avoid dredge disposal sites. The Bridgeport
anchorage ground is in the same location but slightly smaller than
proposed in the NPRM. We also removed a portion of the northwest side
of the New Haven South anchorage ground, reducing the overall size
slightly so not to intrude into the Dumping Ground nearby. The New
London site remained the same size, but we shifted it two and one half
(2.5) nautical miles to the southwest. These changes are minor and do
not affect the general location or use of the anchorages as proposed in
the NPRM.
    In paragraph (b)(2), we revised the notification requirement to
affect vessels anchoring in the anchorage area, rather than entering
the anchorage area. The new language is more narrowly tailored to the
safety purpose of that notification requirement.
    In paragraph (b)(4), for the convenience of the reader we noted the
restrictions already in place as the result of an existing Regulated
Navigation Area. We also simplified the proposed prohibition on fishing
and navigation within 500 yards of certain vessels to, simply,
navigation within 500 yards of anchored vessels conducting bunkering or
lightering operations. The revised provision is clearer, and preserves
safety precautions while avoiding confusion about which vessels are
carrying petroleum or other flammable cargo. We then moved proposed
paragraph (b)(14), discussing the identification of vessels conducting
lightering or bunkering, to immediately follow (b)(4), and renumbered
all subsequent paragraphs accordingly. These minor organizational
changes are intended to make the regulation clearer and easier to read.
    One comment letter expressed concern regarding paragraph (b)(5)
(previously paragraph (b)(14) of the proposed rule), which addresses
light signals for vessels engaged in lightering or bunkering within an
anchorage. The commenter correctly pointed out that 46 CFR 35.30-1 does
not permit a vessel to display a red light while at anchor, because
such a light could be confused with a running light. Common practice is
to illuminate the red ``Bravo'' flag with a spotlight at night.
Accordingly, we have revised the text of paragraph (b)(5) to require
that a vessel conducting lighting or bunkering operations in the
anchorage ground display a red flag by day and illuminate the flag by
spotlight at night. We also added reference to the existing
requirements for day signals, lights, and whistles set forth in Title
33 of the U.S. Code.
    In paragraph (b)(6) (previously proposed paragraph (b)(5)) we
clarified that the COTP permission must be in writing. In paragraph
(b)(10) (previously proposed paragraph (b)(9)) we added a
recommendation that anchored vessels maintain a radio watch on VHF
channel 13 in addition to the required radio watch on VHF channel 16,
to maintain bridge to bridge radio capability as an additional safety
measure. In paragraph (b)(13) (previously proposed paragraph (b)(12))
we clarified sentence structure and corrected a typographical error to
show that a vessel requests permission ``from'' the COTP. We also
standardized the use of the term ``anchorage grounds'' throughout the
section, replacing various terms such as ``zones'' and ``areas.''

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analysis
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    This rule is not significant because there are no fees, permits, or
specialized requirements for the maritime industry to utilize these
anchorage grounds. The regulation is solely for the purpose of
advancing the safety of maritime commerce. We anticipate no negative
impact to the fishing community, including dragging, lobstering and
shellfishing. This rule does not exclude fishing activity or the
transit of vessels in the anchorage grounds. The Coast Guard
anticipates the anchorage grounds would cause minimal transit
interference, by way of increased vessel anchorage, as these areas have
historically been utilized for anchoring with no reports of significant
interference with vessel transits through the area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: Commercial vessels wishing to transit or fish in
the portions of Long Island Sound covered by this regulation. This rule
should only have a minimal economic impact on lobster fishing vessels,
small commercial vessels and recreational boaters. This conclusion is
based upon the fact that the only restriction for entry or use of the
anchorages is for all vessels to maintain a distance of 500 yards from
an anchored vessel conducting lightering or bunkering operations. The
regulation creates seven new anchorage grounds. These areas
historically have been, and routinely are, used for anchorage by both
deep draft and smaller vessels. The anchorage grounds do not interfere
with existing ferry routes between Connecticut and Long Island, New
York. The NPRM sought comments from small entities that may be affected
by this rulemaking. No comments were received concerning small
entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate

against small entities that question or complain about this rule or any
policy or action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(f), of
the Instruction. This rule involves the establishment of general
anchorage grounds. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority:  33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  110.146 to read as follows:

Sec.  110.146  Long Island Sound.

    (a) Anchorage grounds.
    (1) Bridgeport Anchorage Ground. That portion of Long Island Sound
enclosed by a line connecting the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
41[deg]04'52'' N..........................  73[deg]14'04'' W; thence to
41[deg]03'45'' N..........................  73[deg]14'04'' W; thence to
41[deg]03'45'' N..........................  73[deg]11'39'' W; thence to
41[deg]02'50'' N..........................  73[deg]12'08'' W; thence to
41[deg]02'50'' N..........................  73[deg]16'18'' W; thence to
41[deg]04'52'' N..........................  73[deg]16'18'' W; returning
                                             to point of origin.
------------------------------------------------------------------------

    (2) New Haven North Anchorage Ground. That portion of Long Island
Sound enclosed by a line connecting the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
41[deg]12'18'' N..........................  72[deg]52'36'' W; thence to
41[deg]12'18'' N..........................  72[deg]49'36'' W; thence to
41[deg]10'12'' N..........................  72[deg]48'18'' W; thence to
41[deg]10'12'' N..........................  72[deg]52'12'' W; thence to
41[deg]11'06'' N..........................  72[deg]53'06'' W; returning
                                             to point of origin.
------------------------------------------------------------------------

    (3) New Haven South Anchorage Ground. That portion of Long Island
Sound enclosed by a line connecting the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
41[deg]09'30'' N..........................  72[deg]47'48'' W; thence to
41[deg]08'36'' N..........................  72[deg]47'24'' W; thence to

41[deg]08'36'' N..........................  72[deg]51'24'' W; thence to
41[deg]09'30'' N..........................  72[deg]51'24'' W; returning
                                             to point of origin.
------------------------------------------------------------------------

    (4) New London Anchorage Ground. That portion of Long Island Sound
enclosed by a line connecting the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
41[deg]14'11'' N..........................  072[deg]15'38'' W; thence to
41[deg]15'05'' N..........................  072[deg]16'02'' W; thence to
41[deg]15'39'' N..........................  072[deg]13'21'' W; thence to
41[deg]14'45'' N..........................  072[deg]12'57'' W; returning
                                             to point of origin.
------------------------------------------------------------------------

    (5) Northport Anchorage Ground. That portion of Long Island Sound
enclosed by a line connecting the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
40[deg]58'48'' N..........................  073[deg]16'30'' W; thence to
40[deg]57'42'' N..........................  073[deg]11'42'' W; thence to
40[deg]56'30'' N..........................  073[deg]13'30'' W; thence to
40[deg]57'36'' N..........................  073[deg]18'12'' W; returning
                                             to point of origin.
------------------------------------------------------------------------

    (6) Port Jefferson Anchorage Ground. That portion of Long Island
Sound enclosed by a line connecting the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
41[deg]01'48'' N..........................  073[deg]04'54'' W; thence to
41[deg]01'48'' N..........................  073[deg]00'00'' W; thence to
41[deg]00'18'' N..........................  073[deg]00'00'' W; thence to
41[deg]00'18'' N..........................  073[deg]04'54'' W; returning
                                             to point of origin.
------------------------------------------------------------------------

    (7) Riverhead Anchorage Ground. That portion of Long Island Sound
enclosed by a line connecting the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
41[deg]03'00'' N..........................  072[deg]42'00'' W; thence to
41[deg]04'00'' N..........................  072[deg]36'00'' W; thence to
41[deg]02'00'' N..........................  072[deg]35'24'' W; thence to
41[deg]01'24'' N..........................  072[deg]41'24'' W; returning
                                             to point of origin.
------------------------------------------------------------------------

    (8) All coordinates referenced use datum: NAD 83.
    (b) General regulations.
    (1) These anchorages are designated for general purposes, but are
intended primarily for use by commercial vessels of 300 gross tons and
greater and all tank vessels including tank barges. Except in
emergencies, commercial vessels of 300 gross tons and greater and all
tank vessels, including tank barges, anchoring in the Captain of the
Port Long Island Sound Zone inside the line of demarcation shall anchor
in the anchorage grounds described above.
    (2) Prior to anchoring in the anchorage area, all vessels shall
notify the Coast Guard Captain of the Port via VHF-FM Channel 16.
    (3) In anchorages where lightering and bunkering operations are
authorized, the Captain of the Port must be notified at least four
hours in advance of a vessel conducting lightering or bunkering
operations, as required by 156.118 of this title. In addition, all
lightering and bunkering operations must be done in accordance with
156.120 of this title.
    (4) Within an anchorage, navigation is prohibited within 500 yards
of an anchored vessel that is conducting bunkering or lightering
operations. In accordance with the ``Regulated Navigation Area: Long
Island Sound Marine Inspection and Captain of the Port Zone,'' 33 CFR
165.153(d)(7), navigation also is prohibited within 100 yards of a
vessel engaged in commercial service.
    (5) Any vessel conducting lightering or bunkering operations shall
display by day a red flag at its mast head or at least 10 feet above
the upper deck if the vessel has no mast, and by night the flag must be
illuminated by spotlight. These signals shall be in addition to day
signals, lights, and whistle signals required by rules 30 (33 U.S.C.
2030) and 35 (33 U.S.C. 2035) of the Inland Navigation Rules when at
anchor in a general anchorage area.
    (6) Except as otherwise provided, a vessel may not occupy an
anchorage for more than 30 days, unless the vessel obtains written
permission from the Captain of the Port.
    (7) If a request is made for the long-term lay up of a vessel, the
Captain of the Port may establish special conditions with which the
vessel must comply in order for such a request to be approved.
    (8) The Captain of the Port may prescribe specific conditions for
vessels anchoring within the anchorage grounds described in this
section, pursuant to 33 CFR 109.05. These conditions may include, but
are not limited to: The number and location of anchors; scope of chain;
readiness of the engineering plant and equipment; use of tugs; and
requirements for maintaining communication guards on selected radio
frequencies.
    (9) No vessel in such condition that it is likely to sink or
otherwise become a menace or obstruction to navigation or anchorage of
other vessels shall occupy an anchorage, except in cases where
unforeseen circumstances create conditions of imminent peril to
personnel, and then only for such period as may be authorized by the
Captain of the Port.
    (10) All vessels anchored within the designated anchorage grounds
shall comply with the regulations found in 33 CFR 164.19 and shall
maintain a continuous bridge watch by a licensed deck officer
proficient in English, monitoring VHF-FM Channel 16. This individual
shall confirm that the ship's crew performs frequent checks of the
vessel's position to ensure the vessel is not dragging anchor. A second
VHF-FM radio monitoring Channel 13 is strongly recommended.
    (11) Anchors shall be placed well within the anchorage grounds so
that no portion of the hull or rigging will at any time extend outside
of the anchorage area.
    (12) The Coast Guard Captain of the Port may close the anchorage
area and direct vessels to depart the anchorage during periods of
adverse weather or at other times as deemed necessary in the interest
of port safety and security.
    (13) Any vessel anchored in these grounds must be capable of
getting underway if ordered by the Captain of the Port and must be able
to do so within two (2) hours of notification by the Captain of the
Port. If a vessel will not be able to get underway within two (2) hours
of notification, permission must be requested from the Captain of the
Port to remain in the anchorage. No vessel shall anchor in a ``dead
ship'' status (propulsion or control unavailable for normal operations)
without prior approval of the Captain of the Port.
    (14) Fixed moorings, piles or stakes are prohibited.

    Dated: September 17, 2010.
D.A. Neptun,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 2010-30741 Filed 12-7-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Proposed Rules]
[Pages 21572-21576]
[FR Doc No: 2023-07597]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0160; FRL-10867-01-R9]

Air Plan Revisions; California; Yolo-Solano Air Quality
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
partially approve and partially disapprove, under the Clean Air Act
(CAA or ``Act''), a revision to the California state implementation
plan (SIP). This revision addresses reasonably available control
technology (RACT) requirements for the 2008 8-hour ozone national
ambient air quality standards (NAAQS or ``standards'') in the portion
of the Sacramento Metropolitan nonattainment area that is subject to
the jurisdiction of the Yolo-Solano Air Quality Management District
(YSAQMD). We are taking comments on this proposal and plan to follow
with a final action.

DATES: Comments must be received on or before May 11, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0160 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a
language other than English or if you are a person with a disability
who needs a reasonable accommodation at no cost to you, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Eugene Chen, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What document did the State submit?
    B. Are there other versions of this document?
    C. What is the purpose of the submitted document?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the submitted document?
    B. Does the document meet the evaluation criteria?
    C. What are the deficiencies?
    D. Proposed Action and Public Comment
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What document did the State submit?

    Table 1 lists the document addressed by this proposal with the
dates that it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB).

                                           Table 1--Submitted Document
----------------------------------------------------------------------------------------------------------------
              Local agency                               Document                     Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
YSAQMD.................................  Reasonably Available Control Technology      09/13/2017      11/13/2017
                                          (RACT) State Implementation Plan (SIP)
                                          Analysis for the 2008 Federal Ozone
                                          Standard (``2017 RACT SIP'').
----------------------------------------------------------------------------------------------------------------

    The EPA determined that the negative declarations portion of the
2017 RACT SIP met the SIP submittal completeness criteria in 40 CFR
part 51, Appendix V on April 11, 2018.\1\ The EPA determined that the
remaining elements of the 2017 RACT SIP met the completeness criteria
on August 23, 2018.\2\
---------------------------------------------------------------------------

    \1\ Letter dated April 11, 2018, from Elizabeth J. Adams, Acting
Director, Air Division, EPA Region IX, to Richard Corey, Executive
Officer, CARB.
    \2\ Letter dated August 23, 2018, from Elizabeth J. Adams,
Acting Director, Air Division, EPA Region IX, to Richard Corey,
Executive Officer, CARB.

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

B. Are there other versions of this document?

    There are no other versions of this document, but we previously
took final action to approve the negative declarations from the 2017
RACT SIP.\3\ The remaining elements of the 2017 RACT SIP are the
subject of this action.
---------------------------------------------------------------------------

    \3\ 83 FR 31017 (April 5, 2018). This action also approved four
additional negative declarations submitted by the YSAQMD on February
22, 2018.
---------------------------------------------------------------------------

C. What is the purpose of the submitted document?

    Emissions of volatile organic compounds (VOCs) and oxides of
nitrogen (NOX) contribute to the production of ground-level
ozone, smog and particulate matter (PM), which harm human health and
the environment. Section 110(a) of the CAA requires states to submit
regulations that control VOC and NOX emissions. Sections
182(b)(2) and (f) require that SIPs for ozone nonattainment areas
classified as Moderate or above implement RACT for any source covered
by a Control Techniques Guidelines (CTG) document and for any major
source of VOCs or NOX. The YSAQMD is subject to this
requirement as it regulates the Yolo County and Solano County portions
of the Sacramento Metropolitan ozone nonattainment area that is
classified as a Severe nonattainment area for the 2008 8-hour ozone
NAAQS.\4\ Therefore, the YSAQMD must, at a minimum, adopt RACT-level
controls for all sources covered by a CTG document and for all major
non-CTG sources of VOCs or NOX within the portion of the
ozone nonattainment area that it regulates. Any stationary source that
emits or has the potential to emit at least 25 tons per year (tpy) of
VOCs or NOX is a major stationary source in a Severe ozone
nonattainment area.\5\
---------------------------------------------------------------------------

    \4\ 77 FR 30088 (May 21, 2012).
    \5\ CAA sections 182(d) and (f) and 302(j).
---------------------------------------------------------------------------

    Section III.D of the preamble to the EPA's final rule to implement
the 2008 ozone NAAQS discusses RACT requirements.\6\ It states, in
part, that RACT SIPs must contain adopted RACT regulations,
certifications (where appropriate) that existing provisions are RACT,
and/or negative declarations that no sources in the nonattainment area
are covered by a specific CTG.\7\ It also provides that states must
submit appropriate supporting information for their RACT submissions as
described in the EPA's implementation rule for the 1997 ozone NAAQS.\8\
The 2017 RACT SIP submittal and negative declarations provide the
YSAQMD's analyses of its compliance with the CAA section 182 RACT
requirements for the 2008 8-hour ozone NAAQS.
---------------------------------------------------------------------------

    \6\ 80 FR 12264 (March 6, 2015).
    \7\ Id. at 12278.
    \8\ Id.; 70 FR 71612, 71652 (November 29, 2005).
---------------------------------------------------------------------------

    The EPA's technical support document (TSD) for this action has more
information about the 2017 RACT SIP and the EPA's evaluations
thereof.\9\ For more information about the YSAQMD's negative
declarations, please consult our April 5, 2018 final action approving
these negative declarations.\10\
---------------------------------------------------------------------------

    \9\ See Docket Item B-01
    \10\ 83 FR 31017.
---------------------------------------------------------------------------

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the submitted document?

    Generally, SIP rules must require RACT for all sources covered by a
CTG document as well as each major source of VOCs or NOX in
ozone nonattainment areas classified as Moderate or above.\11\ The
YSAQMD regulates the Yolo County and Solano County portions of the
Sacramento Metropolitan ozone nonattainment area, which is classified
as Severe for the 2008 ozone standard (40 CFR 81.305). Therefore,
YSAQMD rules must implement RACT.
---------------------------------------------------------------------------

    \11\ CAA section 182(b)(2), (f).
---------------------------------------------------------------------------

    States should also submit for SIP approval negative declarations
for those CTGs for which they have no sources covered by the CTG,
regardless of whether such negative declarations were made in a SIP
submittal for an earlier ozone standard.\12\ To do so, the submittal
should provide reasonable assurances that no sources that fall under
the CTG currently exist in the regulated area.
---------------------------------------------------------------------------

    \12\ 57 FR 13498, 13512 (April 16, 1992).
---------------------------------------------------------------------------

    Accordingly, the District's analysis must demonstrate that each
major source of VOCs or NOX in the ozone nonattainment area
is covered by a RACT-level rule. In addition, for each CTG, the
District must either demonstrate that a RACT-level rule is in place or
submit a negative declaration. Guidance and policy documents that we
use to evaluate CAA section 182 RACT requirements include the
following:
    1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble; Clean Air Act Amendments of 1990 Implementation of
Title I; Proposed Rule,'' (the NOX Supplement), 57 FR 55620,
November 25, 1992.
    3. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (revised January 11, 1990)
(``Bluebook'').
    4. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (``Little Bluebook'').
    5. Memorandum dated May 18, 2006, from William T. Harnett,
Director, Air Quality Policy Division, to Regional Air Division
Directors, Subject: ``RACT Qs & As--Reasonably Available Control
Technology (RACT): Questions and Answers.''
    6. ``Final Rule to Implement the 8-hour Ozone National Ambient Air
Quality Standard--Phase 2,'' 70 FR 71612 (November 29, 2005).
    7. ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements,'' 80 FR
12264 (March 6, 2015).
    8. ``State Implementation Plans: Response to Petition for
Rulemaking; Restatement and Update of EPA's SSM [startup, shutdown,
malfunction] Policy Applicable to SIPs; Findings of Substantial
Inadequacy; and SIP Calls to Amend Provisions Applying to Excess
Emissions During Periods of Startup, Shutdown and Malfunction'' (80 FR
33839) June 12, 2015 (``2015 SSM SIP Action'').
    9. ``Inclusion of Provisions Governing Periods of Startup,
Shutdown, and Malfunctions in State Implementation Plans,'' EPA,
October 9, 2020.
    10. ``Withdrawal of the October 9, 2020, Memorandum Addressing
Startup, Shutdown, and Malfunctions in State Implementation Plans and
Implementation of the Prior Policy,'' EPA, September 30, 2021.

B. Does the document meet the evaluation criteria?

    The 2017 RACT SIP concludes that the YSAQMD has satisfied CAA
section 182 RACT requirements for the 2008 8-hour ozone NAAQS, based on
an analysis of SIP-approved requirements that apply to sources covered
by a CTG, and major non-CTG stationary sources of VOC or NOX
emissions.
    With respect to CTG sources, the 2017 RACT SIP identifies several
CTGs with covered sources (i.e., sources covered by the CTG and
operating within the nonattainment area), and provides an evaluation of
the rules that the District relies upon to meet RACT for these CTGs. We
reviewed the District's evaluation and agree that its rules implement
RACT for the applicable CTGs. Our TSD has additional information about
our evaluation of these rules.

    Table 3 of the 2017 RACT SIP lists the YSAQMD's negative
declarations where there are no sources in the District subject to the
applicable CTGs for the 2008 8-hour ozone NAAQS. We previously approved
the District's negative declarations on April 5, 2018,\13\ and while
they are not the subject of this action, we have summarized these
negative declarations with the remaining RACT elements for the 2008
ozone NAAQS in Table 2 below.
---------------------------------------------------------------------------

    \13\ 83 FR 31017.
---------------------------------------------------------------------------

    With respect to non-CTG major sources of NOX or VOC,
YSAQMD identified nine facilities exceeding the major source threshold
for NOX or VOC, which is 25 tpy in Severe ozone
nonattainment areas. As described in more detail in our TSD, we
conclude that YSAQMD properly identified all major non-CTG sources of
NOX or VOC requiring RACT. YSAQMD also identified several
district rules, including several NOX rules, that it relies
upon to implement RACT at these major sources. As discussed in more
detail in Section II.C below, we have noted deficiencies in two of the
identified district rules, and conclude that these district rules do
not fully satisfy the RACT requirement.

C. What are the deficiencies?

    YSAQMD has identified Rule 2.38 (Standards for Municipal Solid
Waste Landfills) as implementing RACT for several municipal solid waste
landfills in the District that are non-CTG major sources of VOC.
Although Rule 2.38 is in effect locally, it has not been submitted for
approval into the SIP. Because Rule 2.38 is not federally enforceable
through the SIP, it cannot be used to satisfy RACT requirements.\14\
This deficiency represents the basis for our partial disapproval of the
2017 RACT SIP for the non-CTG major source VOC RACT element. The
District may remedy this deficiency by submitting an approvable rule
that implements RACT for municipal solid waste landfills that are non-
CTG major sources. See Section 6.1 of the TSD for more information.
---------------------------------------------------------------------------

    \14\ See CAA section 110(a)(2)(A) (requiring SIPs to include
enforceable emission limitations and other control measures, means,
or techniques as necessary to meet CAA requirements).
---------------------------------------------------------------------------

    Rule 2.43 (Biomass Boilers), which is relied upon to implement RACT
for the non-CTG major source NOX element, is inconsistent
with the EPA's SSM Policy because it exempts affected units from
complying with rule standards during periods of startup and shutdown
and does not provide any alternative emissions limitation during such
periods. The EPA's SSM policy, as defined in the 2015 SSM SIP
Action,\15\ explains that an emission limitation or requirement that
exempts periods of source operation, such as startup, cannot be
considered ``continuous'' and is therefore inconsistent with the
definition of ``emission limitation'' at CAA section 302(k). Under this
definition, an emission limitation must limit ``the quantity, rate, or
concentration of emissions of air pollution on a continuous basis''
(absent an alternative emission limitation that applies during such
periods). Since Rule 2.43 includes an exemption to emission standards
during periods of startup and shutdown, it does not apply on a
continuous basis; thus, it does not implement RACT during all operating
conditions, regardless of the level of stringency that the Rule 2.43
standards establish outside of exempt periods. This deficiency
represents the basis for our partial disapproval of the 2017 RACT SIP
for the non-CTG major source NOX RACT element. The District
may remedy this deficiency by establishing a continuous emission limit
that applies at all times, including during startup and shutdown. See
Section 6.2 of the TSD for more information.
---------------------------------------------------------------------------

    \15\ 80 FR 33839 (June 12, 2015).
---------------------------------------------------------------------------

D. Proposed Action and Public Comment

    For the reasons discussed above and explained in more detail in our
TSD, the EPA proposes to partially approve and partially disapprove the
2017 RACT SIP. As authorized in section 110(k)(3) of the Act, we are
proposing to approve the 2017 RACT SIP for each of the CTGs addressed
by a District rule. Also under section 110(k)(3), we propose to
disapprove the 2017 RACT SIP as it pertains to the non-CTG major source
NOX and VOC RACT elements, based upon our conclusion that
two of the District rules relied upon to implement RACT for these
elements contain deficiencies that preclude them from implementing
RACT. Table 2 lists each RACT element, the District rule or negative
declaration relied upon to address RACT, and our proposed action for
that RACT element.
    The EPA is committed to working with YSAQMD to resolve the
identified RACT deficiencies. However, should we finalize the proposed
partial disapproval of the non-CTG major source NOX and VOC
RACT elements of the 2017 RACT SIP, CAA section 110(c) would require
the EPA to promulgate a federal implementation plan (FIP) within 24
months unless we approve subsequent SIP revisions that correct the
deficiencies identified in our final action. In this instance, we note
that the EPA already has an existing obligation to promulgate a FIP for
any RACT SIP elements that we have not taken final action to approve.
This FIP obligation originates from our February 3, 2017 finding that
YSAQMD failed to submit a RACT SIP for the 2008 8-hour ozone NAAQS by
the required submittal deadline.\16\ This finding of failure to submit
established a FIP obligation deadline of February 3, 2019.
---------------------------------------------------------------------------

    \16\ 82 FR 9158.
---------------------------------------------------------------------------

    In addition, final action on the proposed partial disapproval would
trigger the offset sanction in CAA section 179(b)(2) 18 months after
the effective date of a final disapproval, and the highway funding
sanction in CAA section 179(b)(1) six months after the offset sanction
is imposed. A sanction will not be imposed if the EPA determines that a
subsequent SIP submission corrects the deficiencies identified in our
final action before the applicable deadline.\17\
---------------------------------------------------------------------------

    \17\ Our February 7, 2017 finding of failure to submit also
triggered offset sanctions and highway funding sanctions. These
sanctions clocks were extinguished by the YSAQMD's submittal of its
2017 RACT SIP and our April 11, 2018 and August 23, 2018 letters
determining that the District's RACT SIP submittal was complete.
---------------------------------------------------------------------------

    We will accept comments from the public on this proposed partial
approval and partial disapproval until May 11, 2023. If finalized, this
action would incorporate the approved portions of the 2017 RACT SIP
into the SIP.

                                Table 2--List of RACT Elements--2008 Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
                                                                                Negative
      CTG Document No.             RACT element          District rule         declaration       EPA  proposed
                                                       implementing RACT        submitted            action
----------------------------------------------------------------------------------------------------------------
EPA-450/R-75-102............  Design Criteria for    2.22 (Gasoline         .................  Approval.
                               Stage I Vapor          Dispensing
                               Control--Gasoline      Facilities).
                               Service Stations.
EPA-450/2-77-008............  Surface Coating of     .....................  Yes..............  None.\a\
                               Cans.
EPA-450/2-77-008............  Surface Coating of     .....................  Yes..............  None.\a\
                               Coils.

EPA-450/2-77-008............  Surface Coating of     .....................  Yes..............  None.\a\
                               Paper.
EPA-450/2-77-008............  Surface Coating of     .....................  Yes..............  None.\a\
                               Fabric.
EPA-450/2-77-008............  Surface Coating of     .....................  Yes..............  None.\a\
                               Automobiles and
                               Light-Duty Trucks.
EPA-450/2-77-022............  Solvent Metal          2.31 (Solvent          .................  Approval.
                               Cleaning.              Cleaning and
                                                      Degreasing).
EPA-450/2-77-025............  Refinery Vacuum        .....................  Yes..............  None.\a\
                               Producing Systems,
                               Wastewater
                               Separators, and
                               Process Unit
                               Turnarounds.
EPA-450/2-77-026............  Tank Truck Gasoline    2.21 (Organic Liquid   .................  Approval.
                               Loading Terminals.     Storage and
                                                      Transfer).
EPA-450/2-77-032............  Surface Coating of     .....................  Yes..............  None.\a\
                               Metal Furniture.
EPA-450/2-77-033............  Surface Coating of     .....................  Yes..............  None.\a\
                               Insulation of Magnet
                               Wire.
EPA-450/2-77-034............  Surface Coating of     .....................  Yes..............  None.\a\
                               Large Appliances.
EPA-450/2-77-035............  Bulk Gasoline Plants.  2.21 (Organic Liquid   .................  Approval.
                                                      Storage and
                                                      Transfer).
EPA-450/2-77-036............  Storage of Petroleum   .....................  Yes..............  None.\a\
                               Liquids in Fixed-
                               Roof Tanks.
EPA-450/2-77-037............  Cutback Asphalt......  2.28 (Cutback and      .................  Approval.
                                                      Emulsified Asphalts).
EPA-450/2-78-015............  Surface Coating of     2.25 (Metal Parts and  .................  Approval.
                               Miscellaneous Metal    Products Coating
                               Parts and Products.    Operations).
EPA-450/2-78-029............  Manufacture of         .....................  Yes..............  None.\a\
                               Synthesized
                               Pharmaceutical
                               Products.
EPA-450/2-78-030............  Manufacture of         .....................  Yes..............  None.\a\
                               Pneumatic Rubber
                               Tires.
EPA-450/2-78-032............  Factory Surface        .....................  Yes..............  None.\a\
                               Coating of Flat Wood
                               Paneling.
EPA-450/2-78-033............  Graphic Arts-          .....................  Yes..............  None.\a\
                               Rotogravure and
                               Flexography.
EPA-450/2-78-036............  Leaks from Petroleum   .....................  Yes..............  None.\a\
                               Refinery Equipment.
EPA-450/2-78-047............  Petroleum Liquid       2.21 (Organic Liquid   .................  Approval.
                               Storage in External    Storage and
                               Floating Roof Tanks.   Transfer).
EPA-450/2-78-051............  Leaks from Gasoline    2.21 (Organic Liquid   .................  Approval.
                               Tank Trucks and        Storage and
                               Vapor Collection       Transfer).
                               Systems.
EPA-450/3-82-009............  Large Petroleum Dry    .....................  Yes..............  None.\a\
                               Cleaners.
EPA-450/3-83-006............  Leaks from Synthetic   .....................  Yes..............  None.\a\
                               Organic Chemical
                               Polymer and Resin
                               Manufacturing
                               Equipment.
EPA-450/3-83-007............  Leaks from Natural     .....................  Yes..............  None.\a\
                               Gas/Gasoline
                               Processing Plants.
EPA-450/3-83-008............  Manufacture of High-   .....................  Yes..............  None.\a\
                               Density
                               Polyethylene,
                               Polypropylene, and
                               Polystyrene Resins.
EPA-450/3-84-015............  Air Oxidation          .....................  Yes..............  None.\a\
                               Processes in
                               Synthetic Organic
                               Chemical
                               Manufacturing
                               Industry.
EPA-450/4-91-031............  Reactor Processes and  .....................  Yes..............  None.\a\
                               Distillation
                               Operations in
                               Synthetic Organic
                               Chemical
                               Manufacturing
                               Industry.
EPA-453/R-96-007............  Wood Furniture         .....................  Yes..............  None.\a\
                               Manufacturing
                               Operations.
EPA-453/R-94-032, 61 FR       ACT Surface Coating    .....................  Yes..............  None.\a\
 44050; 8/27/96.               at Shipbuilding and
                               Ship Repair
                               Facilities
                               Shipbuilding and
                               Ship Repair
                               Operations (Surface
                               Coating).
EPA-453/R-97-004, 59 FR       Aerospace MACT and     .....................  Yes..............  None.\a\
 29216; 6/06/94.               Aerospace (CTG &
                               MACT).
EPA-453/R-06-001............  Industrial Cleaning    2.31 (Solvent          .................  Approval.
                               Solvents.              Cleaning and
                                                      Degreasing).
EPA-453/R-06-002............  Offset Lithographic    2.29 (Graphic Arts     .................  Approval.
                               Printing and           Printing Operations).
                               Letterpress Printing.
EPA-453/R-06-003............  Flexible Package       .....................  Yes..............  None.\a\
                               Printing.
EPA-453/R-06-004............  Flat Wood Paneling     .....................  Yes..............  None.\a\
                               Coatings.
EPA 453/R-07-003............  Paper, Film, and Foil  .....................  Yes..............  None.\a\
                               Coatings.
EPA 453/R-07-004............  Large Appliance        .....................  Yes..............  None.\a\
                               Coatings.
EPA 453/R-07-005............  Metal Furniture        .....................  Yes..............  None.\a\
                               Coatings.
EPA 453/R-08-003............  Miscellaneous Metal    2.25 (Metal Parts and  .................  Approval.
                               Parts Coatings,        Products Coating
                               Table 2--Metal Parts   Operations).
                               and Products.
EPA 453/R-08-003............  Miscellaneous Plastic  .....................  Yes..............  None.\a\
                               Parts Coatings,
                               Table 3--Plastic
                               Parts and Products.
EPA 453/R-08-003............  Miscellaneous Plastic  .....................  Yes..............  None.\a\
                               Parts Coatings,
                               Table 4--Automotive/
                               Transportation and
                               Business Machine
                               Plastic Parts.
EPA 453/R-08-003............  Miscellaneous Plastic  .....................  Yes..............  None.\a\
                               Parts Coatings,
                               Table 5--Pleasure
                               Craft Surface
                               Coating.
EPA 453/R-08-003............  Miscellaneous Plastic  .....................  Yes..............  None.\a\
                               Parts Coatings,
                               Table 6--Motor
                               Vehicle Materials.
EPA 453/R-08-004............  Fiberglass Boat        2.30 (Polyester Resin  .................  Approval.
                               Manufacturing          Operations).
                               Materials.
EPA 453/R-08-005............  Miscellaneous          2.33 (Adhesive         .................  Approval.
                               Industrial Adhesives.  Operations).
EPA 453/R-08-006............  Automobile and Light-  .....................  Yes..............  None.\a\
                               Duty Truck Assembly
                               Coatings.
                              Non-CTG Major Sources  2.27 (Large Boilers).  .................  Disapproval.\b\
                               of NOX.                2.32 (Stationary
                                                      Internal Combustion
                                                      Engines). 2.43
                                                      (Biomass Boilers).
                              Non-CTG Major Sources  2.38 (Standards for    .................  Disapproval.\c\
                               of VOC.                Municipal Solid
                                                      Waste Landfills).
                                                      2.41 (Expandable
                                                      Polystyrene
                                                      Manufacturing
                                                      Operations).
----------------------------------------------------------------------------------------------------------------
\a\ Previously approved on April 5, 2018 (83 FR 14754).
\b\ As described in greater detail in the TSD, the proposed disapproval for the non-CTG major sources of NOX
  element is based in the deficiencies noted in Rule 2.43 (Biomass Boilers).
\c\ As described in greater detail in our the TSD, the proposed disapproval for the non-CTG major sources of NOX
  element is based on the deficiencies noted in Rule 2.38 (Standards for Municipal Solid Waste Landfills).

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
state, local, or tribal governments, or to the private sector, will
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175, because the SIP is not approved to apply on any
Indian reservation land or in any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.

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

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.

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

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.

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

    Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provision of the Act and applicable
federal regulations. 42 U.S.C. 740(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to review state choices,
and approve those choices if they meet the minimum criteria of the Act.
Accordingly, this proposed action partially approves and partially
disapproves state law as meeting federal requirements and does not
impose additional requirements beyond those imposed by state law.
    The District did not evaluate environmental justice considerations
as part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. The EPA
did not perform an EJ analysis and did not consider EJ in this action.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goals of
Executive Order 12898 of achieving environmental justice for people of
color, low-income populations, and indigenous peoples.

List of Subjects in 40 CFR Part 52

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

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

    Dated: April 5, 2023.
Kerry Drake,
Acting Regional Administrator, Region IX.
[FR Doc. 2023-07597 Filed 4-10-23; 8:45 am]
BILLING CODE 6560-50-P


DuPont Chemical Solutions Enterprise

Chambers Works

Deepwater, NJ  08023

April 1, 2009

Document Control Office

US Environmental Protection Agency

Office of Pollution Prevention and Toxics

EPA East

Room 6428

1200 Pennsylvania Avenue, NW

Washington, DC 20460

Re: 	EPA – HQ – OPPT – 2003 - 0012

	DuPont Chambers Works NJPDES Permit No. NJ0005100

	PFOA Data Submittal – Outfall DSN662 Weekly Grab Samples

	January 200 Sample Data

Dear Document Control Office:

As per Part IV, Section G.5.a of the NJPDES permit, we are submitting a summary of PFOA analytical results for the weekly grab samples taken at internal outfall DSN662A to NJDEP on a monthly basis. Per your request, we are sending you a paper and electronic copy of the report for samples taken during January 2009. We will continue to send you the reports each month.

If you have any questions, please do not hesitate to call me at (856) 540-3015.

Sincerely,

Karen L. Pinder

SET Environmental Coordinator

DuPont Chambers Works

Enclosures

Copies to:

Director, Chemical Control Division

US Environmental Protection Agency

Office of Pollution Prevention and Toxics

EPA East

Room 4146

1201 Constitution Avenue, NW

Washington, DC 20004

Ms. Susan Rosenwinkel (cover letter only)

Principal Environmental Engineer

NJDEP Division of Water Quality

Bureau of Point Source Permitting – Region 2

401 E. State Street

P.O. Box 029

Trenton, NJ 08625-0029


[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Rules and Regulations]
[Pages 31095-31097]
[FR Doc No: 2021-12175]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0140; Project Identifier MCAI-2020-01531-T;
Amendment 39-21582; AD 2021-11-20]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A330-200, A330-300, A340-200, A340-300, A340-
500, and A340-600 series airplanes. This AD was prompted by reports
that, for certain lower deck mobile crew rest (LDMCR) units, the
connection of a certain halon outlet tube to the outlet of a certain
fire extinguisher bottle may be incorrect. This AD requires replacing
each affected halon outlet tube with a flexible hose, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is incorporated
by reference. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective July 16, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 16,
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0140.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0140; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0255, dated November 13, 2020
(EASA AD 2020-0255) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for certain Airbus SAS Model A330-201, -202, -203, -223, -243, -301, -
302, -303, -321, -322, -323, -341, -342, and -343 airplanes; and Model
A340-211, -212, -213, -311, -312, -313, -541, -542, -642, and -643
airplanes. Model A340-542 and A340-643 airplanes are not certificated
by the FAA and are not included on the U.S. type certificate data
sheet; this AD therefore does not include those airplanes in the
applicability.

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus SAS
Model A330-200, A330-300, A340-200, A340-300, A340-500, and A340-600
series airplanes. The NPRM published in the Federal Register on March
11, 2021 (86 FR 13836). The NPRM was prompted by reports that, for
certain LDMCR units, the connection of a certain halon outlet tube to
the outlet of a certain fire extinguisher bottle may be incorrect. The
NPRM proposed to require replacing each affected halon outlet tube with
a flexible hose, as specified in EASA AD 2020-0255.
    The FAA is issuing this AD to address the possible incorrect
connection of the halon outlet tube as described previously, which, in
case of a fire inside the LDMCR, could lead to disconnection of the
tube, possibly resulting in reduced concentration of fire suppressing
agent at any location inside the LDMCR. See the MCAI for additional
background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA has considered the comment
received. The Air Line Pilots Association, International (ALPA), stated
that it supports the NPRM.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0255 describes procedures for replacing each affected
halon outlet tube in the LDMCR with a flexible hose. This material is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 123 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on  U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340...........................            $(*)             $340          $41,820
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the parts cost estimates for the replacements
  specified in this AD.

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators. The FAA does not control warranty coverage for
affected operators. As a result, the FAA has included all known costs
in the cost estimate.

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.
    The FAA is 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

    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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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 airworthiness
directive:
2021-11-20 Airbus SAS: Amendment 39-21582; Docket No. FAA-2021-0140;
Project Identifier MCAI-2020-01531-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 16, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus SAS airplanes specified in
paragraphs (c)(1) through (6) of this AD, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2020-0255, dated November 13, 2020 (EASA AD 2020-0255).
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
    (3) Model A340-211, -212, and -213 airplanes.
    (4) Model A340-311, -312, and -313 airplanes.

    (5) Model A340-541 airplanes.
    (6) Model A340-642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Reason

    This AD was prompted by reports that, for certain lower deck
mobile crew rest (LDMCR) units, the connection of a certain halon
outlet tube to the outlet of a certain fire extinguisher bottle may
be incorrect. The FAA is issuing this AD to address this condition,
which, in case of a fire inside the LDMCR, could lead to
disconnection of the tube, possibly resulting in reduced
concentration of fire suppressing agent at any location inside the
LDMCR.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2020-0255.

(h) Exceptions to EASA AD 2020-0255

    (1) Where EASA AD 2020-0255 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0255 does not apply
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0255
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k) of this
AD. Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (j)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(k) Related Information

    For more information about this AD, contact Vladimir Ulyanov,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0255,
dated November 13, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0255, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2021-0140.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 20, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-12175 Filed 6-10-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Notices]
[Pages 5561-5562]
[FR Doc No: 2017-00932]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR17-5-000]

Stakeholder Midstream Crude Oil Pipeline, LLC; Notice of Petition
for Declaratory Order

    Take notice that on January 9, 2017, pursuant to Rule 207(a)(2) of
the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 385.207(a)(2) (2016), Stakeholder
Midstream Crude Oil Pipeline, LLC (``Stakeholder''), filed a petition
for a declaratory order seeking approval of the overall tariff and rate
structure and terms of service for its new crude oil gathering and
transportation project in the San Andres formation of the Permian Basin
in New Mexico and Texas, 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 should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on February 9, 2017.

    Dated: January 10, 2017.
 Kimberly D. Bose,
Secretary.
[FR Doc. 2017-00932 Filed 1-17-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 64 (Thursday, April 2, 2020)]
[Notices]
[Pages 18580-18581]
[FR Doc No: 2020-06843]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4476-DR; Docket ID FEMA-2020-0001]

Tennessee; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Tennessee (FEMA-4476-DR), dated March 5,
2020, and related determinations.

DATES: The declaration was issued March 5, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated March 5, 2020, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Tennessee resulting from severe storms, tornadoes, straight-line
winds, and flooding on March 3, 2020, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare

that such a major disaster exists in the State of Tennessee.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance and
assistance for debris removal and emergency protective measures
(Categories A and B) under the Public Assistance program in the
designated areas, Hazard Mitigation throughout the State, and any
other forms of assistance under the Stafford Act that you deem
appropriate subject to completion of Preliminary Damage Assessments
(PDAs).
    Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance, Hazard Mitigation, and Other Needs Assistance
under section 408 will be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Myra M. Shird, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
    The following areas of the State of Tennessee have been designated
as adversely affected by this major disaster:

    Davidson, Putnam, and Wilson Counties for Individual Assistance.
    Davidson, Putnam, and Wilson Counties for debris removal and
emergency protective measures (Categories A and B) under the Public
Assistance program.
    All areas within the State of Tennessee are eligible for
assistance under the Hazard Mitigation Grant Program.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-06843 Filed 4-1-20; 8:45 am]
BILLING CODE 9111-23-P