[Federal Register: January 11, 2006 (Volume 71, Number 7)]
[Rules and Regulations]
[Page 1696-1697]
[DOCID:fr11ja06-8]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2005-WV-0002; FRL-8020-4]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Emission Reductions to Meet Phase II of the Nitrogen
Oxides (NOX) SIP Call

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is granting conditional approval of a State Implementation
Plan (SIP) revision submitted by the State of West Virginia. This
revision establishes and requires NOX emission reductions
from large, stationary internal combustion engines in the State to meet
Phase II of the NOX SIP Call. Because the revision was
adopted by West Virginia under its emergency rules provisions and has a
sunset date, this approval is conditioned on West Virginia Department
of Environmental Protection (WVDEP) adopting a permanent rule with an
effective date prior to the sunset date of the emergency rule, and
submitting the permanent rule as a SIP revision to EPA by July 1, 2006.
WVDEP is in the process of adopting its permanent version of the rule
and has submitted a written commitment to EPA stating it will meet all
of these conditions. The intended effect of this action is to grant
conditional approval of West Virginia's rule to meet its remaining
emission reduction obligations under the NOX SIP Call.

DATES: This final rule is effective on February 10, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2005-WV-0002. All documents in the docket are listed
in the http://www.regulations.gov Web site. Although listed in the

electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://www.regulations.gov
 or in hard copy for public inspection during normal

business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
West Virginia Department of Environmental Protection, Division of Air
Quality, 7012 MacCorkle Avenue, SE., Charleston, West Virginia 25304-
2943.

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

I. Background

    On October 20, 2005 (70 FR 61104), EPA published a notice of
proposed rulemaking (NPR) for the State of West Virginia. The NPR
proposed to grant conditional approval of revisions to West Virginia
emergency rule 45CSR1 titled Control and Reduction of Nitrogen Oxides
from Non-Electric Generating Units as a Means to Mitigate Transport of
Ozone Precursors. The formal SIP revision was submitted by WVDEP on
March 31, 2005 (inadvertently noted in the NPR as being submitted on
March 30, 2005).

II. Summary of SIP Revision

    West Virginia's March 31, 2005 SIP submittal requires large,
stationary internal combustion engines in the State to reduce
NOX emissions by a total of 903 tons for the 2007 ozone
season and beyond, beginning on May 1, 2007. Sources in West Virginia
that are subject to the new requirements must submit a compliance plan
to WVDEP by May 1, 2006.

    Other specific requirements of the SIP revision and the rationale
for EPA's action to grant conditional approval are explained in the NPR
and will not be restated here. No public comments were received on the
NPR.

III. Final Action

    EPA is granting conditional approval of West Virginia's March 31,
2005 SIP revision consisting of West Virginia emergency rule 45CSR1.
For West Virginia's emergency rule 45CSR1 to become fully approvable,
the State must, in accordance with its August 15, 2005 commitment,
fulfill the following conditions:
    (1) Adopt a permanent rule that corresponds to emergency rule
45CSR1, but with an effective date prior to the sunset date of the
emergency rule, and
    (2) Submit the permanent rule as a SIP revision to EPA by July 1,
2006. Once West Virginia fulfills these conditions, EPA will conduct
rulemaking to convert its conditional approval to a full approval. If
the conditions are not fulfilled within the specified time frame, any
final conditional approval granted by EPA will convert to a
disapproval.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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). This rule also does not
have tribal implications because it will 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,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
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,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 13, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action granting conditional approval of West
Virginia's SIP revision to meet Phase II of the NOX SIP Call
may not be challenged later in proceedings to enforce its requirements.
(See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements.

    Dated: December 23, 2005.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart XX--West Virginia

0
2. Section 52.2522 is amended by adding paragraph (i) to read as
follows:

Sec.  52.2522  Approval status.

* * * * *
    (i) EPA is granting conditional approval of West Virginia's March
31, 2005 SIP revision consisting of West Virginia emergency rule
45CSR1. For West Virginia's emergency rule 45CSR1 to become fully
approvable, the State must, in accordance with its August 15, 2005
commitment, fulfill the following conditions:
    (1) Adopt a permanent rule that corresponds to emergency rule
45CSR1, but with an effective date prior to the sunset date of the
emergency rule, and
    (2) Submit the permanent rule as a SIP revision to EPA by July 1,
2006.

[FR Doc. 06-196 Filed 1-10-06; 8:45 am]

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Comment Info: =================

General Comment:Dear Sir or Madam,

I am writing as an individual consumer  to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself as well as my own family, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback. Therefore, we should all be allowed to have the time to do our own personal research and formulate our personal responses.

I feel very strongly about e-cigarettes as a much healthier alternative to combustible cigarettes for myself and for others. Quite simply, I firmly believe that they saved my life from killer tobacco. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further. Please feel free to contact me about this request using the email I have provided.


[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Notices]
[Page 22871]
[FR Doc No: 2013-09017]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Project No. 2004-289]

The City of Holyoke Gas & Electric Department; Notice of
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-Project Use of Project Lands and Waters.
    b. Project No: 2004-289.
    c. Date Filed: March 4, 2013.
    d. Applicant: The City of Holyoke Gas & Electric Department (HG&E).
    e. Name of Project: Holyoke Hydroelectric Project.
    f. Location: Connecticut River in Hampden, Hampshire, and Franklin
Counties, Massachusetts.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Paul S. Ducheney, Superintendent-Electric
Production, HG&E, 99 Suffolk Street, Holyoke, MA 01040,<PHONE_NUMBER>.
    i. FERC Contact: Ms. Mary Karwoski at<PHONE_NUMBER>, or email:
mary.karwoski @ferc.gov.
    j. Deadline for filing comments, motions to intervene, and
protests: May 13, 2013.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
Please include the project number (P-2004-289) on any comments,
motions, or recommendations filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: HG&E requests Commission approval to
grant a non-project use of project lands and waters for the Holyoke
Canal System, located in the City of Holyoke, for the testing of new
technologies for hydropower generation and to assess potential
environmental impacts associated with those technologies.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field (P-2004) to access the document. You
may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, call 1-866-
208-3676 or email<EMAIL_ADDRESS>for TTY, call (202) 502-
8659. A copy is also available for inspection and reproduction at the
address in item (h) above. Agencies may obtain copies of the
application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: April 11, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-09017 Filed 4-16-13; 8:45 am]
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