[Federal Register Volume 87, Number 177 (Wednesday, September 14, 2022)]
[Notices]
[Pages 56463-56464]
[FR Doc No: 2022-19804]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-506, OMB Control No. 3235-0564]

Proposed Collection; Comment Request; Extension: Rule 17a-6

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

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collections of information summarized below. The Commission plans to
submit these existing collections of information to the Office of
Management and Budget (``OMB'') for extension and approval.
    Section 17(a) of the Investment Company Act of 1940 (the ``Act'')
generally prohibits affiliated persons of a registered investment
company (``fund'') from borrowing money or other property from, or
selling or buying securities or other property to or from, the fund or
any company that the fund controls. Rule 17a-6 (17 CFR 270.17a-6)
permits a fund, or a company controlled by the fund, and a ``portfolio
affiliate'' of the fund (a company that is an affiliated person of the
fund because the fund controls the company, or holds five percent or
more of the company's outstanding voting securities) to engage in
principal transactions that would otherwise be prohibited under section
17(a) of the Act under certain conditions. A fund may not rely on the
exemption in the rule to enter into a principal transaction with a
portfolio affiliate if certain prohibited participants (e.g.,
directors, officers, employees, or investment advisers of the fund)
have a financial interest in a party to the transaction. Rule 17a-6
specifies certain interests that are not ``financial interests,''
including any interest that the fund's board of directors (including a
majority of the directors who are not interested persons of the fund)
finds to be not material. A board making this finding is required to
record the basis for the finding in its meeting minutes. This
recordkeeping requirement is a collection of information under the
Paperwork Reduction Act of 1995 (``PRA'').
    The rule is designed to permit transactions between funds and their
portfolio affiliates in circumstances in which it is unlikely that the
affiliate would be in a position to take advantage of the fund. In
determining whether a financial interest is ``material,'' the board of
the fund should consider whether the nature and extent of the interest
in the transaction is sufficiently small that a reasonable person would
not believe that the interest affected the determination of whether to
enter into the transaction or arrangement or the terms of the
transaction or arrangement. The information collection requirements in
rule 17a-6 are intended to ensure that Commission staff can review, in
the course of its compliance and examination functions, the basis for a
board of director's finding that the financial interest of an otherwise
prohibited participant in a party to a transaction with a portfolio
affiliate is not material.
    Based on public filings made with the Commission, we estimate that
annually 335 funds and their series (collectively, ``funds'') may rely
on rule 17a-6 to engage in otherwise prohibited transactions under
section 17(a) of the 1940 Act. This estimate is based on publicly
available Form N-CEN filings. Solely for the purposes of this PRA
extension, we assume that each of these funds has engaged in one
transaction per reporting period that resulted in a paperwork burden
pursuant to rule 17a-6. We estimate that compliance with the
recordkeeping requirement for rule 17a-6 will impose a burden of .2
hours (12 minutes) for each transaction for which there is a paperwork
burden. Therefore, we estimate 67 burden hours to be associated with
rule 17a-6 recordkeeping requirements annually, with an associated
internal cost of $5,762.
    The estimate of burden hours and burden costs is made solely for
the purposes of the PRA. The estimate is not derived from a
comprehensive or even a representative survey or study of the costs of
Commission rules. Complying with this collection of information
requirement is necessary to obtain the benefit of relying on rule 17a-
6. An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Written comments are invited on: (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimate of the burden of the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of

information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted by
November 14, 2022.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: David Bottom, Acting
Director/Chief Information Officer, Securities and Exchange Commission,
c/o John Pezzullo, 100 F Street NE, Washington, DC 20549 or send an
email to: [email protected].

    Dated: September 8, 2022.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-19804 Filed 9-13-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 26 (Friday, February 7, 2014)]
[Notices]
[Page 7449]
[FR Doc No: 2014-02614]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER14-1154-000]

Verso Bucksport Power LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Verso Bucksport Power LLC's application for market-based rate
authority, with an accompanying rate schedule, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is February 20, 2014.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also 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>.

    Dated: January 31, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-02614 Filed 2-6-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 37 (Monday, February 27, 2017)]
[Notices]
[Page 11909]
[FR Doc No: 2017-03765]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-990-000]

Gans Energy, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Gans Energy, LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is March 13, 2017.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic 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>.

    Dated: February 21, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-03765 Filed 2-24-17; 8:45 am]
 BILLING CODE 6717-01-P


SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY STANDARDS OF PERFORMANCE NSPS Subpart D 1. Identification of the Information Collection 1( a) Title of the Information Collection NSPS Subpart D, Standards of Performance for Fossil Fuel Fired Steam Generating Units 1( b) Short Characterization/ Abstract The New Source Performance Standards ( NSPS) for the regulations published at 40 CFR Part 60, Subpart D, were proposed on August 17, 1971, and promulgated on December 23, 1971. These regulations apply to emissions from each fossil fuel fired steam generating unit that is capable of combusting more than 73 megawatts ( 250 mmBtu/ hr) heat input of fossil fuel, which commences construction, modification, or reconstruction after the date of proposal. This information is being collected to assure compliance with 40 CFR Part 60, Subpart D.

In general, all NSPS standards require initial notifications, performance tests, and periodic reports. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance, and are required of all sources subject to NSPS.

Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least two years following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated State or local authority. In the event that there is no such delegated authority, the reports are sent directly to the United States Environmental Protection Agency ( EPA) Regional Office.

Approximately 660 sources are currently subject to the regulation. Because electric utility boilers constructed after September 1978 are subject to Subpart Da, and industrial, commercial, and institutional boilers constructed after June 19, 1986, are subject to Subpart Db, no new steam generating units will become subject to Subpart D in the future. The cost of this ICR will be $ 3,515,450. OMB approved the currently active ICR without any " Terms of Clearance." 2 2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under Section 111 of the Clean Air Act ( CAA), as amended, to establish standards of performance for new stationary sources that reflect:

. . . application of the best technological system of continuous emissions reduction which ( taking into consideration the cost of achieving such emissions reduction, or any non air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. Section 111( a)( l).

The Agency refers to this charge as selecting the best demonstrated technology ( BDT). Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years.

In addition, Section 114( a) states that the Administrator may require any owner or operator subject to any requirement of this Act to:

( A) Establish and maintain such records; ( B) make such reports; ( C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; ( D) sample such emissions ( in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe); ( E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; ( F) submit compliance certifications in accordance with Section 114( a)( 3); and ( G) provide such other information as the Administrator may reasonably require.

In the Administrator's judgment, sulfur dioxide ( SO 2 ), particulate matter ( PM), and nitrogen dioxide ( NOx) emissions from fossil fuel fired steam generating units cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, the NSPS were promulgated for this source category at 40 CFR Part 60, Subpart D.

2( b) Practical Utility/ Users of the Data 3 The control of emissions of SO 2 , PM, and NOx from fossil fuel fired steam generating units requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment. Emissions of SO 2 , PM, and NOx from fossil fuel fired steam generating units are the result of operation of the affected facilities. The subject standards are achieved by the capture and/ or reduction of SO 2 , PM, and NOx emissions using control technologies such as sorbent injection technologies and wet and dry scrubbers for SO 2 ; cyclones, electrostatic precipitators, and fabric filters for PM; and low NOx burners and selective catalytic or noncatalytic reduction technologies for NOx. The notifications required in the applicable regulations are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated, and the regulations are being met. Performance test reports are needed as these are the Agency's record of a source's initial capability to comply with the emission standards, and serve as a record of the operating conditions under which compliance was achieved. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations. The information generated by the monitoring, recordkeeping, and reporting requirements described in this ICR is used by the Agency to ensure that facilities affected by the NSPS continue to operate the control equipment and achieve compliance with the regulation. Adequate monitoring, recordkeeping, and reporting are necessary to ensure compliance with the applicable regulations, as required by the Clean Air Act. The information collected from recordkeeping and reporting requirements is also used for targeting inspections, and is of sufficient quality to be used as evidence in court.

3. Nonduplication, Consultations, and Other Collection Criteria The requested recordkeeping and reporting are required under 40 CFR Part 60, Subpart D.

3( a) Nonduplication If the subject standards have not been delegated, the information is sent directly to the appropriate EPA Regional Office. Otherwise, the information is sent directly to the delegated State or local agency. If a State or local agency has adopted their own similar standards to implement the Federal standards, a copy of the report submitted to the State or local agency can be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, no duplication exists.

3( b) Public Notice Required Prior to ICR Submission to OMB 4 An announcement of a public comment period for the renewal of this ICR was published in the Federal Register on June 20, 2002. No comments were received on the burden published in the Federal Register.

3( c) Consultations EPA published an announcement of a public comment period for the renewal of this ICR in the Federal Register on June 20, 2002. No comments were received on respondent burden associated with the reporting and recordkeeping requirements provided in this ICR.

3( d) Effects of Less Frequent Collection Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less frequently, the likelihood of detecting poor operation and maintenance of control equipment and noncompliance would decrease.

3( e) General Guidelines None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR 1320.5.

3( f) Confidentiality The required information has been determined not to be confidential. However, any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B  Confidentiality of Business Information ( see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; and 44 FR 17674, March 23, 1979).

3( g) Sensitive Questions None of the reporting or recordkeeping requirements contain sensitive questions.

4. The Respondents and the Information Requested 5 4( a) Respondents/ SIC Codes The respondents to the recordkeeping and reporting requirements are fossil fuel fired steam generating units that commenced construction, modification, or reconstruction after August 17, 1971, and that have a heat input capacity from fuels combusted in the steam generating unit of greater than 73 MW ( 250 mmBtu/ hr).

Regulation SIC Codes NAICS Codes 40 CFR Part 60, Subpart D 1531 23332 2033 311421 Major Group 22 Major Group 313 Major Group 24 Major Group 321 2611 322110 Major Group 28 Major Group 325 2911 324110 Major Group 30 Major Group 326 Major Group 33 Major Group 331 Major Group 34 Major Group 332 Major Group 37 Major Group 336 4911 221112 7299 81299 4( b) Information Requested ( i) Data Items All data in this ICR that is recorded and/ or reported is required by NSPS, Standards of Performance for Fossil Fuel Fired Steam Generating Units, 40 CFR Part 60, Subpart D. 6 A source must make the following reports:

Reports for 40 CFR Part 60, Subpart D Construction/ reconstruction 60.7( a)( 1)

Actual startup 60.7( a)( 3)

Initial performance test results 60.8 ( a)

Initial performance test 60.8( d)

Demonstration of continuous monitoring system 60.7( a)( 5)

Monitoring system performance 60.7( c), 60.45( g)

Physical or operational change 60.7( a)( 4)

Excess emissions 60.7( c), 60.45( g)

A source must maintain the following records:

Recordkeeping for 40 CFR Part 60, Subpart D Startups, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative. 60.7( b)

Records are required to be retained for 2 years at the facility. 60.7( f)

( ii) Respondent Activities Respondent Activities Read instructions.

Install, calibrate, maintain, and operate Continuous Monitoring System ( CMS) for opacity, or for pressure drop and liquid supply pressure for wet scrubber.

Perform initial performance test, Reference Method tests, and repeat performance tests as necessary. 7 Respondent Activities Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.

Adjust the existing ways to comply with any previously applicable instructions and requirements.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

5. The Information Collected: Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

Agency Activities Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the AIRS ( Aerometric Information Retrieval System) Facility Subsystem ( AFS) database. 8 5( b) Collection Methodology and Management Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated. Performance test reports are used by the Agency to discern a source's initial capability to comply with the emission standard. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into AFS which is operated and maintained by EPA's Office of Air Quality Planning and Standards. AFS is EPA's database for the collection, maintenance, and retrieval of compliance and annual emission inventory data for over 100,000 industrial and government owned facilities. EPA uses AFS for tracking air pollution compliance and enforcement by local and State regulatory agencies, EPA Regional Offices, and EPA Headquarters. EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner or operator for two years.

5( c) Small Entity Flexibility There are no small businesses affected by this regulation.

5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown in Table 2: Annual Burden of Recordkeeping and Reporting Requirements as a Result of the Standards for Fossil Fuel Fired Steam Generating Units, NSPS Subpart D.

6. Estimating the Burden and Cost of the Collection Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the Subpart included in this ICR. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory.

The Agency may not conduct or sponsor, and a person is not required to respond to, a 9 collection of information unless it displays a currently valid OMB Control Number.

6( a) Estimating Respondent Burden The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 62,865 person hours ( Total Labor Hours from Table 1). These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received.

6( b) Estimating Respondent Costs ( i) Estimating Labor Costs This ICR uses a Technical Labor Rate of $ 57.12 per hour. This rate is from the United States Department of Labor, Bureau of Labor Statistics, March 2001, " Table 10: Private industry, by occupational and industry group." The rates are from column 1, " Total compensation." The wage rate of $ 27.20 has been increased by 110% to account for the benefit packages available to those employed by private industry for a labor rate of $ 57.12 per hour.

( ii) Estimating Capital/ Startup and Operation and Maintenance Costs The type of industry costs associated with the information collection activity in the regulations are for labor and continuous emission monitoring ( CEM). The capital/ startup costs are one time costs when a facility becomes subject to the regulation. The annual operation and maintenance costs are the ongoing costs to maintain the monitor and other costs such as photocopying and postage.

( iii) Capital/ Startup vs. Operation and Maintenance ( O& M) Costs Capital/ Startup vs. Operation and Maintenance ( O& M) Costs ( A) Continuous Monitoring Device ( B) Startup Cost ($) for One Affected Facility ( C) Number of New Affected Facilities to Startup ( D) Total Startup Costs ( B X C) ( E) Annual O& M Costs ($) for One Affected Facility ( F) Number of Affected Facilities with O& M ( G) Total O& M ( E X F)

SO 2 , PM, and NOx $ 200,000 0 $ 0 $ 15,000 660 $ 9,900,000 10 The total capital/ startup costs for this ICR are $ 0, as electric utility boilers constructed after September 1978 are subject to Subpart Da, and industrial/ commercial/ institutional boilers constructed after June 19, 1986, are subject to Subpart Db, and no new steam generating units will become subject to Subpart D. This is the total of column D in the above table. These costs are shown in block 14( a), Total annualized capital/ startup costs, on the OMB 83 I form. It should be noted that the numbers in block 14 of the OMB 83 I form are rounded to show the cost in thousands of dollars.

The total operation and maintenance ( O& M) costs for this ICR are $ 9,900,000. This is the total of column G. These costs are shown in block 14( b), Total annual costs ( O& M), on the OMB 83 I form.

The total respondent non labor costs in block 14 have been calculated as the addition of the capital/ startup costs, and the annual operation and maintenance costs. The average annual cost for capital/ startup and operation and maintenance costs to industry over the next three years of the ICR is estimated to be $ 9,900,000. This cost is shown on the OMB 83 I form in block 14 ( c), Total annualized cost requested. The numbers in block 14 of the OMB 83 I form are rounded to show the cost in thousands of dollars.

6( c) Estimating Agency Burden and Cost The only costs to the Agency are those costs associated with analysis of the reported information. Publication and distribution of the information are part of the AFS program. Examination of records to be maintained by the respondents will occur as part of the periodic inspection of sources, which is part of EPA's overall compliance and enforcement program.

The average annual Agency cost during the three years of the ICR is estimated to be $ 169,038 ( See Table 2 in Section 6( e)). This cost is based on the average hourly labor rate at a GS 12, Step 1 employee rate times a 1.6 benefits multiplication factor to account for government overhead expenses for a total of $ 38.30 ($ 23.94 x 1.6).

These rates are from the Office of Planning and Management ( OPM) " 2002 General Schedule," which excludes locality rates of pay. Details upon which this estimate is based appear in Table 2: Average Annual EPA Resource Requirement for Fossil Fuel Fired Steam Generating Units/ NSPS Subpart D.

6( d) Estimating the Respondent Universe and Total Burden and Costs Approximately 660 sources are currently subject to the regulation and no additional sources will become subject to the regulation in the next three years ( See Section 1( b)). 11 Respondent Universe and Number of Responses Per Year Regulation Citation ( A) Average Number of New Respondents per Year ( B) Number of Reports for New Sources ( C) Number of Existing Respondents ( D) Number of Reports for Existing Sources ( E) Number of Respondents that keep records but do not submit reports ( F) Total Annual Responses = ( AxB)+( CxD) + E 40 CFR 60, Subpart D 0 0 660 2 0 1,320 The number of total respondents is 660. This number is the sum of column A and column C of the Respondent Universe and Number of Responses Per Year table. This represents the number of existing sources plus the number of new sources averaged over the three year period. It is shown in block 13 ( a), Number of respondents, on the OMB 83 I form.

The number of Total Annual Responses is 1,320. This is the number in column E of the Respondent Universe and Number of Responses Per Year table. It is shown in block 13 ( b), Total annual responses, on the OMB 83 I form.

The total annual labor costs are $ 3,515,450. This number is not shown on the OMB 83 I form in block 13( c), Total hours requested. Details upon which this estimate is based appear in Table 1: Annual Burden of Reporting and Recordkeeping Requirements as a Result of the Standards for Fossil Fuel Fired Steam Generating Units/ NSPS Subpart D.

The total annual capital and O& M costs to the regulated entities are $ 9,900,000. This number is shown on the OMB 83 I form in block 14 ( c), Total annualized cost requested. These costs are detailed in section 6( b)( iii), Capital/ Startup vs. Operating and Maintenance ( O& M) Costs.

6( e) Bottom Line Burden Hours Burden Hours And Cost Tables The bottom line burden hours and cost tables for both the Agency and the respondents appear below. The annual public reporting and recordkeeping burden for this collection of information is estimated to average 46.6 hours per response.

6( f) Reasons for Change in Burden The decrease in burden from the most recently approved ICR is due to a correction in 12 frequency of reporting as reported in the last ICR. Previously, it was stated that facilities subject to this ICR would have quarterly reporting. Facilities subject to this ICR are required to report semiannually.

6( g) Burden Statement The annual publilc reporting and recordkeeping burden for this collection of information is estimated to average 46.6 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or, disclose or provide information to or for a federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number OECA 2002 0015, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., N. W., Washington, D. C. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Enforcement and Compliance Docket and Information Center is ( 202) 566 1514. An electronic version of the public docket is available though EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, N. W., Washington, D. C. 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID Number OECA 2002 0015 and OMB Control Number 2060 0026 in any correspondence.

Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information.


[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Notices]
[Pages 39589-39590]
[FR Doc No: 2017-17569]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-D-1956]

Identifying Trading Partners Under the Drug Supply Chain Security
Act; Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft guidance for industry entitled
``Identifying Trading Partners Under the Drug Supply Chain Security
Act'' (draft trading partner guidance). FDA is issuing this guidance to
assist industry and State and local governments in understanding how to
categorize the entities in the drug supply chain in accordance with the
Drug Supply Chain Security Act (DSCSA). This guidance explains how to
determine when certain statutory requirements will apply to entities
that may be considered trading partners in the drug supply chain. FDA
is also soliciting public input specific to the activities of
``private-label distributors'' of drug products and whether those
activities fall within the definitions under DSCSA of the various
trading partners.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by October 20, 2017.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2017-D-1956 for ``Identifying Trading Partners Under the Drug
Supply Chain Security Act; Draft Guidance for Industry; Availability.''
Received comments will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of the draft guidance to
the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10001 New Hampshire Ave.,
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002; or to the
Office of Communication, Outreach and Development, Center for Biologics
Evaluation and Research (CBER), Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Melissa Mannion, Office of Compliance,
Center for Drug Evaluation and Research, Food and Drug Administration,
10903 New Hampshire Ave., Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Identifying Trading Partners Under the Drug Supply Chain
Security Act.'' The DSCSA (Title II of Pub. L. 113-54) establishes new
requirements to develop and enhance drug distribution security by 2023.
It does this, in part, by defining different types of entities in the
drug supply chain as trading partners (i.e., manufacturers,
repackagers, wholesale distributors, third-party logistics providers,
and dispensers). Among other things, the DSCSA requires that trading
partners of manufacturers, wholesale distributors, dispensers, and
repackagers must meet the applicable requirements for being
``authorized trading partners.'' In addition, the DSCSA outlines
requirements for specific trading partners, including drug product
tracing and licensure requirements. FDA has received questions about
which types of entities are included in each of the trading partner
definitions and this guidance is intended to help clarify and explain
the relevant statutory provisions. The guidance covers who is
considered to be a manufacturer, a repackager, a wholesale drug
distributor, a third-party logistics provider, and a dispenser for
purposes of certain DSCSA requirements.

II. Additional Issues for Consideration: Specific Request for Comments
and Information

    In addition to comments on the draft guidance generally, FDA is
requesting comments specifically related to the activities of private-
label distributors (PLDs), and whether those activities fall within the
definitions under DSCSA of the various trading partners. FDA considers
a PLD to be an entity that owns and distributes a manufactured product
under its own label or trade name. Because there are many different
business models for PLDs, resulting in situations where a PLD could be
considered a manufacturer, wholesale distributor, or dispenser, we are
asking for comments on how the different business models might impact a
PLD's status as an authorized trading partner under the DSCSA.
    This draft guidance is being issued consistent with FDA's good
guidance practices (see 21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on ``Identifying
Trading Partners under the Drug Supply Chain Security Act.'' It does
not establish any rights for any person and is not binding on FDA or
the public. You can use an alternative approach if it satisfies the
requirements of the applicable statutes and regulations.

III. Electronic Access

    Persons with access to the internet may obtain the draft guidance
at either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, or
https://www.regulations.gov.

    Dated: August 15, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-17569 Filed 8-18-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 155 (Friday, August 12, 2022)]
[Rules and Regulations]
[Pages 49768-49769]
[FR Doc No: 2022-16947]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0859; Airspace Docket No. 19-AAL-57]
RIN 2120-AA66

Establishment of United States Area Navigation (RNAV) Route T-
390; St. Paul Island, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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

SUMMARY: The FAA is correcting a final rule published in the Federal
Register on July 11, 2022, that established RNAV route T-390 in the
vicinity of St. Paul Island, AK. In the description of T-390, the final
rule identified the ZEBUV, AK route point as a waypoint (WP), in error.
This action makes an editorial corrections to all references of the
ZEBUV, AK, WP to change them to the

ZEBUV, AK, Fix to match the FAA's aeronautical database information.

DATES: Effective date 0901 UTC, September 8, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

History

    The FAA published a final rule in the Federal Register (87 FR
41052; July 11, 2022) for Docket No. FAA-2021-0859, establishing RNAV
route T-390. Subsequent to publication, the FAA determined that the
ZEBUV, AK, route point was inadvertently identified as a WP, in error.
This rule corrects that error by changing references from the RAYMD,
AK, WP to the RAYMD, AK, Fix. This is an editorial change only to match
the FAA's aeronautical database information and does not alter the
alignment of T-390.
    United States RNAV routes are published in paragraph 6011 are
published in paragraph 6011 of FAA Order JO 7400.11F, dated August 10,
2021, and effective September 15, 2021, which is incorporated by
reference in 14 CFR 71.1. The RNAV route listed in this document will
be published subsequently in FAA Order JO 7400.11.

Correction to Final Rule

    Accordingly, pursuant to the authority delegated to me, reference
to the ZEBUV, AK, WP, published in the Federal Register of July 11,
2022 (87 FR 41052), FR Doc. 2022-14494, is corrected as follows:

0
1. On page 41054, in the first column, line 3, correct ``ZEBUV, AK WP''
to read ``ZEBUV, AK FIX.''

    Issued in Washington, DC, on August 3, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-16947 Filed 8-11-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 191 (Tuesday, October 2, 2012)]
[Proposed Rules]
[Pages 60089-60094]
[FR Doc No: 2012-24246]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0371; FRL-9735-4]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware, New Jersey, and Pennsylvania; Determination of Attainment of
the 2006 24-Hour Fine Particulate Standard for the Philadelphia-
Wilmington, PA-NJ-DE Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to make a determination of attainment
regarding the Philadelphia-Wilmington, PA-NJ-DE fine particulate
(PM2.5) nonattainment area (hereafter referred to as ``the
Philadelphia Area'' or ``the Area''). EPA is proposing to determine
that the Philadelphia Area has attained the 2006 24-hour
PM2.5 National Ambient Air Quality Standard (NAAQS), based
upon complete, quality-assured and certified ambient air monitoring
data for the 2008-2010 and 2009-2011 periods and upon preliminary data
available to date for 2012. If EPA finalizes this proposed
determination of attainment, the requirements for the Area to submit an
attainment demonstration and associated reasonably available control
measures (RACM), a reasonable further progress (RFP) plan, contingency
measures, and other planning State Implementation Plan (SIP) revisions
related to the attainment of the standard shall be suspended for so
long as the Area continues to attain the 2006 24-

hour PM2.5 NAAQS. This action is being taken under the Clean
Air Act (CAA). This action does not constitute a redesignation to
attainment under the CAA. The designation status of the Philadelphia
Area will remain nonattainment for the 2006 24-hour PM2.5
NAAQS until such time as EPA determines that the Philadelphia Area
meets the CAA requirements for redesignation to attainment, including
an approved maintenance plan.

DATES: Written comments must be received on or before November 1, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0371 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2012-0371, Donna Mastro, Acting Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2012-0371. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning
today's proposed action related to Pennsylvania or Delaware, please
contact Emlyn V[eacute]lez-Rosa,<PHONE_NUMBER>, or by email at<EMAIL_ADDRESS>If you have questions concerning today's proposed
action related to New Jersey, please contact Gavin Lau,<PHONE_NUMBER>,
or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What is the action EPA is proposing?
II. What is the background of this action?
III. What is EPA's analysis of the relevant air quality data?
IV. What are the effects of this action?
V. Statutory and Executive Order Reviews

I. What is the action EPA is proposing?

    In accordance with section 179(c)(1) of the CAA, 42 U.S.C.
7509(c)(1), and 40 CFR 51.1004(c), EPA is proposing to determine that
the Philadelphia Area has attained the 2006 24-hour PM2.5
NAAQS. The proposal is based upon quality-assured and certified ambient
air monitoring data for the 2008-2010 and 2009-2011 monitoring periods
and upon data available to date for 2012, which show that the
Philadelphia Area attained the 2006 24-hour PM2.5 NAAQS. EPA
received requests from the States of Delaware, Pennsylvania, and New
Jersey \1\ for the determination of attainment for the Philadelphia
area for the 2006 24-hour PM2.5 NAAQS.
---------------------------------------------------------------------------

    \1\ The New Jersey Department of Environmental Protection
(NJDEP) formally requested EPA to make a determination of attainment
for the 2006 24-hour PM2.5 NAAQS for the Philadelphia
Area on October 5, 2011 through a letter from Bob Martin, NJDEP
Commissioner to Judith A. Enck, Regional Administrator of EPA Region
II.
---------------------------------------------------------------------------

II. What is the background of this action?

    On September 21, 2006, EPA retained the 1997 annual
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\)
(hereby ``the 2006 annual PM2.5 NAAQS'') based on a 3-year
average of annual mean PM2.5 concentrations, and promulgated
a new 24-hour standard of 35 [mu]g/m\3\ based on a 3-year average of
the 98th percentile of 24-hour concentrations (71 FR 61144, October 17,
2006). The revised 2006 24-hour PM2.5 standard (hereafter
``the 2006 24-hour PM2.5 NAAQS'') became effective on
December 18, 2006. See 40 CFR 50.13. The more stringent 2006 24-hour
PM2.5 NAAQS is based on significant evidence and numerous
health studies demonstrating that serious health effects are associated
with short-term exposures to PM2.5 at this level.
    Many petitioners challenged aspects of EPA's 2006 revisions to the
PM2.5 NAAQS. See American Farm Bureau Federation and
National Pork Producers Council, et al. v. EPA, 559 F.3d 512 (DC Cir.
2009). As a result of this challenge, the U.S. Court of Appeals for the
District of Columbia Circuit remanded the 2006 annual PM2.5
NAAQS to EPA for further proceedings. The 2006 24-hour primary and
secondary PM2.5 NAAQS were not affected by the remand and
remain in effect.
    The process for designating areas following promulgation of a new
or revised NAAQS is contained in section 107(d)(1) of the CAA. On
November 13, 2009, EPA published designations for the 2006 24-hour
PM2.5 NAAQS (74 FR 58688), which became effective on
December 14, 2009. In that action, EPA designated the Philadelphia Area
as nonattainment for the 2006 24-hour PM2.5 NAAQS. The
Philadelphia Area is comprised of New Castle County in Delaware;
Burlington, Camden, and Gloucester Counties in New Jersey; and Bucks,
Chester, Delaware, Montgomery, and Philadelphia Counties in
Pennsylvania. See 40 CFR 81.339 (Pennsylvania), 40 CFR 81.331 (New
Jersey), and 40 CFR 81.308 (Delaware). This proposed action only
addresses the 2006 24-hour PM2.5 NAAQS and has no effect on
control measures or air quality in the area.
    On March 29, 2007, EPA issued a detailed implementation rule,
codified at 40 CFR part 51, subpart Z, to assist states and tribes with
the development of SIPs to demonstrate attainment with

the 1997 annual and 24-hour PM2.5 NAAQS (the ``2007
PM2.5 Implementation Rule'') (72 FR 20586, April 25, 2007).
EPA believes that the overall framework and policy approach of the 2007
PM2.5 Implementation Rule provides effective and appropriate
guidance on the EPA's interpretation of the general statutory
requirements that states should address in their SIPs, and that such
interpretation is relevant to the statutory requirements for the 2006
24-hour PM2.5 NAAQS. However, in light of new information
that has become available since the issuance of the 2007
PM2.5 Implementation Rule, EPA published on March 2, 2012,
the memorandum ``Implementation Guidance for the 2006 24-Hour Fine
Particle (PM2.5) National Ambient Air Quality Standards
(NAAQS)'' (the ``2006 24-hour PM2.5 Implementation
Guidance'').\2\ This memorandum provides additional guidance to assist
states with development of their SIPs for the 2006 24-hour
PM2.5 NAAQS.
---------------------------------------------------------------------------

    \2\ EPA's implementation guidance for the 2006 24-hour
PM2.5 NAAQS is available at http://www.epa.gov/ttn/naaqs/pm/pdfs/20120302_implement_guidance_24-hr_pm2.5_naaqs.pdf.
---------------------------------------------------------------------------

    In general, areas violating the NAAQS should meet the basic CAA
requirements set forth in section 172. The 2006 24-hour
PM2.5 nonattainment designations triggered the CAA's
requirements under section 172(c), which requires the submission of an
attainment plan for each designated nonattainment area. The 2007
PM2.5 Implementation Rule specifies that states must submit
attainment plans for their nonattainment areas to EPA by no later than
three years from the effective date of designation. Attainment plans
for the 2006 24-hour PM2.5 NAAQS must be submitted by
December 14, 2012. The 2007 PM2.5 Implementation Rule also
outlines the SIP requirements for the attainment plan, which include
among other things, the submission of an attainment demonstration
showing the air quality improvements expected to result from national
and local control measures, an analysis of RACM, including all RACT, a
RFP plan, and contingency measures. In the 2006 24-hour
PM2.5 Implementation Guidance, EPA recommends that states
follow a similar approach for each one of these SIP requirements when
demonstrating attainment of the 2006 24-hour PM2.5 NAAQS.
    Under section 172(a)(2)(A) of the CAA, an area's attainment date
would be the date by which attainment can be achieved as expeditiously
as practicable, but no later than 5 years from the date such area was
designated nonattainment, except that the Administrator may extend the
attainment date to the extent the Administrator determines appropriate,
for a period no greater than 10 years from the date of designation as
nonattainment. Because the designation of nonattainment areas for the
2006 24-hour PM2.5 NAAQS became effective on December 14,
2009, the presumptive five-year attainment date for many areas would be
no later than December 14, 2014. The 2006 24-hour PM2.5
NAAQS relies on evaluating three full calendar years of air quality
data to calculate the 24-hour design value for the area. To determine
attainment, EPA commonly uses the three most recent calendar years of
complete air quality data that are available for the nonattainment
area.

III. What is EPA's analysis of the relevant air quality data?

    Today's proposed rulemaking action determines that the Philadelphia
Area has attained the 2006 24-hour PM2.5 NAAQS, based on
quality assured data from 2008-2010 and 2009-2011 monitoring periods.
Under EPA regulations at 40 CFR 50.13(c), the 2006 24-hour primary and
secondary PM2.5 standards are met when the 98th percentile
24-hour concentration, as determined in accordance with 40 CFR part 50,
Appendix N, is less than or equal to 35 [mu]g/m\3\. Data handling
conventions and computations necessary for determining whether areas
have met the PM2.5 NAAQS, including requirements for data
completeness, are listed in appendix N of 40 CFR part 50.
    EPA previously determined that the PM2.5 monitoring
network for the Philadelphia Area is adequate. EPA found that the
number of monitors in the Area meets the minimum regulatory
requirements given in 40 CFR part 58, appendix D, section 4.7, and that
the monitoring network in place is in accordance with the States' most
recent annual monitoring network plans approved by EPA, as required by
40 CFR 58.10.\3\ During the periods of 2008-2010 and 2009-2011, the
Philadelphia Area had in place a total of 16 PM2.5
monitoring sites, whose data was eligible for comparison to the 2006
24-hour PM2.5 NAAQS.
---------------------------------------------------------------------------

    \3\ Separate ambient monitoring network plans are submitted
annually to EPA by each of the States in the 24-hour
PM2.5 Philadelphia Area. The Commonwealth of
Pennsylvania's 2011 annual ambient monitoring network plan was
approved by EPA in a December 6, 2011 letter from Shawn M. Garvin,
Regional Administrator, EPA Region III, to Michael L. Krancer,
Secretary of the Pennsylvania Department of Environmental Protection
(PADEP). The State of Delaware's 2011 annual ambient monitoring
network plan was approved by EPA in a December 6, 2011 letter from
Shawn M. Garvin, Regional Administrator, EPA Region III, to Collin
P. O'Mara, Secretary of the Delaware Department of Natural Resources
and Environmental Control (DNREC). The State of New Jersey's 2011
annual ambient monitoring network plan was approved by EPA in an
October 27, 2011 letter from John Filippelli, Acting Director of the
Division of Environmental Planning and Protection, EPA Region II, to
Jane Kozinski, Assistant Commissioner of the New Jersey Department
of Environment Protection (NJDEP).
---------------------------------------------------------------------------

    EPA has reviewed the quality-assured, quality-controlled, certified
ambient air monitoring data recorded in the EPA's Air Quality System
(AQS) database for PM2.5 for the Philadelphia Area during
monitoring periods 2008-2010 and 2009-2011, consistent with the
requirements contained in 40 CFR part 50. Preliminary PM2.5
data for 2012, which is not yet quality-assured and quality-controlled,
was also reviewed. The 24-hour design values for the 2006 24-hour
PM2.5 NAAQS (i.e., the 3-year average of the 98th percentile
values of 24-hour PM2.5 concentrations) for the Philadelphia
Area for the 2008-2010 and 2009-2011 monitoring periods are provided in
Table 1 and Table 2, respectively. Table 3 shows the preliminary
PM2.5 monitoring data available to date for 2012. The
PM2.5 98th percentile values and 24-hour design values for
the Philadelphia Area can be found at http://www.epa.gov/airtrends/values.html.

                                    Table 1--Philadelphia Area's 2008-2010 PM2.5 Air Quality Data (in [micro]g/m\3\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                98th percentile value \2\             2008-2010 24-
              State                     County          AQS site ID  ------------------------------------------------   hour design      Completeness
                                                                           2008            2009            2010            value          status \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Delaware........................  New Castle........     10-003-1003          * 31.6            23.2            24.3              26  Max quarter.
Delaware........................  New Castle........     10-003-1007            28.1          * 20.6            27.5              25  Max quarter.
Delaware........................  New Castle........     10-003-1012            28.6            23.4          * 24.9              26  Max quarter.
Delaware........................  New Castle........     10-003-2004            34.8            28.4            27.9              30  Complete.

New Jersey......................  Camden............     \1\ 34-007-            36.6              --              --              37  Incomplete.
                                                                0003
New Jersey......................  Camden............     34-007-1007            28.0            25.0            23.4              25  Complete.
New Jersey......................  Gloucester........     34-015-0004            23.9            21.9          * 21.6              22  Max quarter.
Pennsylvania....................  Bucks.............     42-017-0012          * 30.9            25.8            28.3              28  Collocated.
Pennsylvania....................  Chester...........     42-029-0100          * 32.0            31.1            35.1              33  Incomplete.
Pennsylvania....................  Delaware..........     42-045-0002            28.6            27.9            32.8              30  Complete.
Pennsylvania....................  Montgomery........     42-091-0013            23.7            27.2            25.9              26  Complete.
Pennsylvania....................  Philadelphia......     42-101-0004            34.5            25.9            27.6              29  Complete.
Pennsylvania....................  Philadelphia......     42-101-0024            30.5            25.5            25.2              27  Complete.
Pennsylvania....................  Philadelphia......     42-101-0047            32.8            27.2            27.6              29  Complete.
Pennsylvania....................  Philadelphia......     42-101-0055            34.5            28.6            28.9              31  Complete.
Pennsylvania....................  Philadelphia......     42-101-0057            32.8            28.3            27.9              30  Complete.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Camden monitor at site 34-007-0003 was shut down September 2008.
\2\ Annual 98th percentile values not meeting the completeness criteria are marked with an asterisk (*). The dash (--) indicates that no data was
  collected during this time.
\3\ This column indicates whether the monitoring data from the monitor meet the completeness requirement (Complete) or not (Incomplete) for each quarter
  of the 3-year period. ``Max quarter'' denotes that the monitor has incomplete data, but passed the maximum quarter substitution test. ``Collocated''
  indicates that the collocated data was substituted for missing data. Guidance on EPA's substitution tests can be found in EPA's April 1999 document
  ``Guideline on Data Handling Conventions for the PM NAAQS.''

                                    Table 2--Philadelphia Area's 2009-2011 PM2.5 Air Quality Data (in [micro]g/m\3\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                98th percentile value \1\             2009-2011 24-
              State                     County          AQS site ID  ------------------------------------------------   hour design      Completeness
                                                                           2009            2010            2011            value          status \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Delaware........................  New Castle........     10-003-1003            23.2            24.3          * 22.4              23  Max quarter.
Delaware........................  New Castle........     10-003-1007          * 20.6            27.5            21.0              23  Max quarter.
Delaware........................  New Castle........     10-003-1012            23.4            24.9          * 22.2              24  Max quarter.
Delaware........................  New Castle........     10-003-2004            28.4            27.9            24.7              27  Complete.
New Jersey......................  Camden............     34-007-1007            25.0            23.4            24.3              24  Complete.
New Jersey......................  Gloucester........     34-015-0004            21.9          * 21.6            22.2              22  Max quarter.
Pennsylvania....................  Bucks.............     42-017-0012            25.8            28.3            29.7              28  Complete.
Pennsylvania....................  Chester...........     42-029-0100            31.1            35.1          * 33.8              33  Incomplete.
Pennsylvania....................  Delaware..........     42-045-0002            27.9            32.8            28.6              30  Complete.
Pennsylvania....................  Montgomery........     42-091-0013            27.2            25.9            27.6              27  Complete.
Pennsylvania....................  Philadelphia......     42-101-0004            25.9            27.6            29.6              28  Complete.
Pennsylvania....................  Philadelphia......     42-101-0024            25.5            25.2              --              25  Incomplete.
Pennsylvania....................  Philadelphia......     42-101-0047            27.2            27.6            27.5              27  Complete.
Pennsylvania....................  Philadelphia......     42-101-0055            28.6            28.9            30.6              29  Complete.
Pennsylvania....................  Philadelphia......     42-101-0057            28.3            27.9            30.5              29  Complete.
Pennsylvania....................  Philadelphia......     42-101-1002              --              --            27.5              27  Incomplete.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Annual 98th percentile values not meeting the completeness criteria are marked with an asterisk (*). The dash (--) indicates that no data was
  collected during this time.
\2\ This column indicates whether the monitoring data from the monitor meet the completeness requirement (Complete) or not (Incomplete) for each quarter
  of the 3-year period. ``Max quarter'' denotes that the monitor has incomplete data, but passed the maximum quarter substitution test. Guidance on
  EPA's substitution tests can be found in EPA's April 1999 document ``Guideline on Data Handling Conventions for the PM NAAQS.''

             Table 3--Philadelphia Area's Preliminary 2012 PM2.5 Air Quality Data (in [micro]g/m\3\)
----------------------------------------------------------------------------------------------------------------
                                                                                2012 98th
                     State                                   County                 AQS site ID     percentile
                                                                                value \1\
----------------------------------------------------------------------------------------------------------------
Delaware......................................  New Castle......................     10-003-1003            20.2
Delaware......................................  New Castle......................     10-003-1007            22.7
Delaware......................................  New Castle......................     10-003-1012            22.0
Delaware......................................  New Castle......................     10-003-2004            23.9
New Jersey....................................  Camden..........................     34-007-1007            17.5
New Jersey....................................  Gloucester......................     34-015-0004            21.8
Pennsylvania..................................  Bucks...........................     42-017-0012            34.9
Pennsylvania..................................  Chester.........................     42-029-0100            21.0
Pennsylvania..................................  Delaware........................     42-045-0002            23.9
Pennsylvania..................................  Montgomery......................     42-091-0013            21.1
Pennsylvania..................................  Philadelphia....................     42-101-0004            27.9
Pennsylvania..................................  Philadelphia....................     42-101-0047            20.0
Pennsylvania..................................  Philadelphia....................     42-101-0055            19.6
Pennsylvania..................................  Philadelphia....................     42-101-0057            20.6

Pennsylvania..................................  Philadelphia....................     42-101-1002            23.4
----------------------------------------------------------------------------------------------------------------
\1\ Monitoring data available to date correspond to the first quarter of 2012, and have not been quality-
  assured, quality-controlled, or certified.

    The 24-hour design value determined for the Philadelphia Area is
the highest 3-year average of the annual 98th percentile measured at
all the monitors in the Area during this time, which meets the criteria
to be used for comparison to the 2006 24-hour PM2.5 NAAQS.
Only valid and complete air quality data can be used for comparison to
the 2006 24-hour PM2.5 NAAQS. A year meets data completeness
requirements when at least 75 percent of the scheduled sampling days
for each quarter have valid data. However, years are considered valid,
notwithstanding quarters with less than complete data, if the resulting
annual 98th percentile value or resulting 24-hour standard design value
is greater than the level of the standard.
    EPA addresses missing data from monitors not meeting the
completeness requirement by applying three different procedures:
Collocated substitution test, maximum quarter substitution test
(``maximum quarter test''), and EPA's statistical procedure. In the
collocated substitution test, data from a collocated monitor at the
site are substituted for the missing data. In the maximum quarter test,
maximum recorded values are substituted for the missing data. For each
substitution test, a 24-hour design value is calculated using the
substituted data and then compared to the 2006 24-hour PM2.5
NAAQS. See EPA's April 1999 ``Guideline on Data Handling Conventions
for the PM NAAQS.'' \4\ EPA's statistical procedure is used when a
monitor does not pass both of these two substitution tests or the
incomplete monitor is not collocated. This procedure is used to
determine if the incomplete monitor would have attained the 2006 24-
hour PM2.5 NAAQS had it been operated during this time by
computing a ``diagnostic'' 24-hour design value.
---------------------------------------------------------------------------

    \4\ EPA's guidance document is available at http:// www.epa.gov/ttn/oarpg/t1/memoranda/pmfinal.pdf.
---------------------------------------------------------------------------

    While most of the PM2.5 monitoring data satisfy the data
completeness requirement, several monitors in the Philadelphia Area had
incomplete 24-hour design values during the 2008-2010 and 2009-2011
periods, as indicated in Tables 1 and 2. EPA has applied the
statistical procedure to address the missing data of two monitors in
the Philadelphia Area: Site 34-007-0003 (Camden monitor) in Camden
County, New Jersey and site 42-029-0100 (New Garden monitor) in Chester
County, Pennsylvania. Diagnostic 24-hour design values were determined
for the Camden monitor for 2008-2010 and for the New Garden monitor for
both 2008-2010 and 2009-2011 periods. The diagnostic 24-hour design
values for the New Garden and Camden monitors in the Philadelphia Area
were below the 2006 24-hour PM2.5 NAAQS level of 35 [mu]g/
m\3\ during both 2008-2010 and 2009-2011. The statistical method used
to compute diagnostic design values was successfully used previously
for the Philadelphia Area determination of attainment for the annual
1997 PM2.5 NAAQS (see 77 FR 3223 and 77 FR 28782).
Additional details on the statistical method can be found in the
Technical Support Document (TSD) for this action, which is available
online at www.regulations.gov, Docket ID No. EPA-R03-OAR-2012-0371.
    As shown in Table 1, the Camden Monitor at site 34-007-0003,
located in Camden County, was the highest reading monitor during 2008-
2010. However, the 24-hour design value from this site reflects
incomplete data during most of the 2008-2010 monitoring period due to
the monitor's shutdown in September 2008. This monitor only collected
data for 3 out of 12 quarters. The last valid 24-hour design value at
site 34-007-0003 was 35 [micro]g/m\3\ in 2006-2008, prior to its
shutdown. After EPA filled in the missing data using its statistical
procedure, an attaining 24-hour design value for the Camden monitor of
28 [mu]g/m\3\ was computed, which is below the 2006 24-hour
PM2.5 NAAQS of 35 [micro]g/m\3\. The remaining
PM2.5 monitors in the Philadelphia area showed
concentrations below the 2006 24-hour PM2.5 NAAQS during the
2008-2010 monitoring period. As indicated in Table 2, all monitors
measured concentrations averaging below the 24-hour PM2.5
NAAQS of 35 [mu]g/m\3\ during 2009-2011. The 24-hour design value for
2009-2011 for the Philadelphia Area is 33 [mu]g/m\3\ based on
monitoring data collected by the New Garden monitor at site 42-029-0100
in Chester County, Pennsylvania.
    EPA's review of quality-assured, quality-controlled, certified
ambient air monitoring data collected in the Philadelphia Area during
2008-2010 and 2009-2011 indicates that the Area has attained the 2006
24-hour PM2.5 NAAQS. Additionally, preliminary
PM2.5 data available to date for 2012 is consistent with
continued attainment of the 2006 24-hour PM2.5 NAAQS in the
Philadelphia Area. Additional information about the monitoring network
and air quality data used in this determination can be found in the TSD
for this action, which is available online at www.regulations.gov,
Docket ID No. EPA-R03-OAR-2012-0371.

IV. What are the effects of this action?

    If EPA's proposed determination of attainment based on quality-
assured data during 2008-2010 and 2009-2011 is made final, the
requirements for the Philadelphia Area to submit an attainment
demonstration and associated RACM, RFP plan, contingency measures, and
any other planning requirements related to attainment of the 2006 24-
hour PM2.5 NAAQS would be suspended for as long as the
Philadelphia Area continues to attain the 2006 24-hour PM2.5
NAAQS. Notably, as described below, any such determination would not be
equivalent to the redesignation of the Philadelphia Area to attainment
for the 2006 24-hour PM2.5 NAAQS. If this proposed
determination is finalized and EPA subsequently determines, after
notice-and-comment rulemaking in the Federal Register, that the Area
has violated the 2006 24-hour PM2.5 NAAQS, the basis for the
suspension of the specific requirements would no longer exist for the
Philadelphia Area, and the Area would thereafter have to address the
applicable requirements for the 2006 24-hour PM2.5 NAAQS.
See 40 CFR 51.1004(c).
    Finalizing this proposed determination would not constitute a
redesignation of the Philadelphia Area to attainment of the 2006 24-
hour PM2.5 NAAQS under section 107(d)(3) of the CAA.
Further, finalizing this determination would not involve approving a
maintenance plan for the

Philadelphia Area as required under section 175A of the CAA, nor would
it involve finding that the Area has met all other requirements for
redesignation under the CAA, including that the attainment be due to
permanent and enforceable emission reductions.\5\ Even if EPA finalizes
the proposed action, the designation status of the Philadelphia Area
would remain nonattainment for the 2006 24-hour PM2.5 NAAQS
until such time as EPA determines that the Area meets the CAA
requirements for redesignation to attainment and takes action to
redesignate the Philadelphia Area.
---------------------------------------------------------------------------

    \5\ The monitoring data from the 2008-2010 and 2009-2011
monitoring periods that are relied on in this notice may be impacted
by reductions associated with the Clean Air Interstate Rule (CAIR),
which is in place only temporarily as it was remanded to EPA in
2008. See North Carolina v. EPA, 531 F.3d 896, as modified on reh'g,
550 F.3d 1176 (D.C. Cir. 2008). Nonetheless, because this
determination addresses only whether the monitoring data shows
attainment, at this time EPA need not address whether such
attainment was due to the remanded and thus not permanent CAIR.
---------------------------------------------------------------------------

    The action described is a proposed determination regarding the
Philadelphia Area's attainment only with respect to the 2006 24-hour
PM2.5 NAAQS. Today's action does not address the 1997 annual
or 24-hour PM2.5 standards. EPA is soliciting public
comments on the issues discussed in this document. These comments will
be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed determination of attainment of the
Philadelphia Area with respect to the 2006 24-hour PM2.5
NAAQS does not have tribal implications as specified by Executive Order
13175 (65 FR 67249, November 9, 2000), because the determination is not
approved to apply in Indian country located in the state, and EPA notes
that it will not impose substantial direct costs on tribal governments
or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Particulate
matter, Reporting and recordkeeping requirements.

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

    Dated: August 23, 2012.
W.C. Early,
Regional Administrator, Region III.
    Dated: September 10, 2012.
Judith A. Enck,
Regional Administrator, Region II.
[FR Doc. 2012-24246 Filed 10-1-12; 8:45 am]
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