[Federal Register Volume 84, Number 183 (Friday, September 20, 2019)]
[Proposed Rules]
[Pages 49492-49497]
[FR Doc No: 2019-20196]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2019-0394; FRL-9999-96-Region 5]

Designation of Areas for Air Quality Planning Purposes; Ohio;
Redesignation of the Ohio Portion of the Steubenville Sulfur Dioxide
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: In accordance with the Clean Air Act (CAA), the Environmental
Protection Agency (EPA) is proposing to redesignate the Ohio portion of
the Steubenville Ohio-West Virginia interstate sulfur dioxide
(SO2) nonattainment area (Steubenville nonattainment area)
from nonattainment to attainment. EPA is also proposing to approve
Ohio's maintenance plan. Emissions of SO2 in the area have
been reduced and the air quality in the nonattainment area is currently
well below the SO2 national ambient air quality standard
(NAAQS).

DATES: Comments must be received on or before October 21, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2019-0394 at http://www.regulations.gov or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mary Portanova, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER><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. Background and Redesignation Requirements
II. Relationship Between This Rulemaking and the Nonattainment Plan
Rulemaking
III. Determination of Attainment
IV. Approval of Ohio's SIP
V. Permanent and Enforceable Emission Reductions
VI. Requirements for the Area Under Section 110 and Part D
VII. Maintenance Plan
VIII. What action is EPA taking?
IX. Statutory and Executive Order Reviews

I. Background and Redesignation Requirements

    In 2010, EPA established a revised primary SO2 NAAQS of
75 parts per billion (ppb) (75 FR 35520, June 22, 2010). EPA designated
the Steubenville nonattainment area as nonattainment for the 2010
SO2 NAAQS on August 5, 2013 (78 FR 47191), based upon air
quality monitoring data for calendar years 2009-2011. The Steubenville
nonattainment area is comprised of a portion of Jefferson County, Ohio
and a portion of Brooke County, West Virginia. The Ohio portion of the
nonattainment area includes Cross Creek Township, Steubenville
Township, Warren Township, Wells Township, and Steubenville City in
Jefferson County. The West Virginia portion of the nonattainment area
is the Cross Creek Tax District in Brooke County.
    Ohio and West Virginia were required to prepare nonattainment State
Implementation Plans (SIPs) that would provide for attainment of the
SO2 NAAQS in the Steubenville nonattainment area by the
SO2 attainment date of October 4, 2018. The plans must also
meet the additional requirements of sections 172(c) and 191-192 of the
CAA. Ohio submitted its nonattainment SIP on April 3, 2015, and
supplemented it on October 13, 2015, March 13, 2017, March 25, 2019,
and June 25, 2019. EPA proposed to approve the nonattainment plans from
Ohio and West Virginia on June 24, 2019 (84 FR 29456). Ohio submitted
its request to redesignate the Ohio portion of the Steubenville
nonattainment area on June 25, 2019.
    Under CAA section 107(d)(3)(E), five criteria must be met before a
nonattainment area may be redesignated to attainment. Although the
Steubenville nonattainment area includes portions in two states,
today's action only proposes to redesignate the Ohio portion of this
area.
    The following identifies the interpretation EPA is applying as to
the extent to which these criteria must be met in the full two-state
area or only in Ohio. EPA anticipates a separate redesignation request
from West Virginia, addressing the West Virginia portion of the area,
which EPA anticipates evaluating using similar criteria. The criteria
are that:
    1. EPA has determined that the relevant NAAQS has been attained in
the area. In this rulemaking, EPA is evaluating whether the entire two-
state area is attaining the SO2 NAAQS.
    2. The applicable implementation plan has been fully approved by
EPA under section 110(k). In this rulemaking, EPA is evaluating
redesignation for the Ohio portion of the area on the basis of whether
Ohio's applicable implementation plan has been fully approved.
    3. EPA has determined that improvement in air quality is due to
permanent and enforceable reductions in emissions resulting from the
SIP, Federal regulations, and other permanent and enforceable
reductions. In this rulemaking, EPA is evaluating this criterion on a
two-state area-wide basis.
    4. EPA has determined that the state has met all applicable
requirements for the area under section 110 and part D. In this
rulemaking, EPA is evaluating redesignation for the Ohio portion of the
area on the basis of whether Ohio has met all applicable requirements.
    5. EPA has fully approved a maintenance plan, including a
contingency plan, for the area under section 175A of the CAA. In this
rulemaking, EPA is evaluating whether Ohio's maintenance plan provides
for its share of actions to assure maintenance in the two-state area.

II. Relationship Between This Rulemaking and the Nonattainment Plan
Rulemaking

    Some of the criteria for today's proposed redesignation are met by
elements of the Ohio and West Virginia nonattainment plans. In
particular, part of the evidence that the area is attaining the
SO2 NAAQS is based on modeling included in the two states'
nonattainment plans; the limits that assure the permanence and
enforceability of the air quality improvement in the area were
submitted as part of the nonattainment plans; and EPA's evaluations of
whether the applicable Ohio implementation plan is fully approved and
whether Ohio has met the applicable planning requirements are
predicated on completion of the proposed rulemaking on Ohio's
nonattainment plan.
    As noted above, EPA proposed to approve the Ohio and West Virginia
nonattainment plans on June 24, 2019, at 84 FR 29456. Today's
rulemaking does not reevaluate any portion of that rulemaking. Thus,
for example, today's rulemaking does not solicit any additional
comments on the modeling in the two states' nonattainment plans, on the
adequacy of the limits in those plans for assuring attainment, or
generally on whether those plans warrant being approved. Comments on
these topics are germane to the nonattainment plan rulemaking and were
solicited in that rulemaking. EPA received no such comments, and EPA is
addressing these topics in the context of that rulemaking. EPA's
proposed rulemaking on Ohio's redesignation request is based on a
premise that EPA will issue final rulemaking approving

the Ohio and West Virginia plans, as proposed on June 24, 2019. EPA
will finalize this proposed redesignation of the Ohio portion of the
Steubenville nonattainment area only if and only after EPA has
published final approval of the Ohio and West Virginia nonattainment
plans.

III. Determination of Attainment

    The first requirement for redesignation is to demonstrate that the
NAAQS has been attained in the area. As stated in EPA's April 2014
``Guidance for 1-Hour SO2 Nonattainment Area SIP
Submissions,'' for SO2, there are two components needed to
support an attainment determination: A review of representative air
quality monitoring data and a further analysis, generally requiring air
quality modeling, to demonstrate that the entire area is attaining the
applicable NAAQS, based on current actual emissions or the fully
implemented control strategy. Ohio has addressed both components.
    Under EPA regulations at 40 CFR 50.17, the SO2 NAAQS is
met at an ambient air quality monitoring site when the three-year
average of the annual 99th percentile of one-hour daily maximum
concentrations is less than or equal to 75 ppb, as determined in
accordance with appendix T of 40 CFR part 50 at all relevant monitoring
sites in the subject area. EPA has reviewed the ambient air monitoring
data for the Steubenville nonattainment area. Monitoring data for the
area includes three SO2 monitoring sites in Jefferson
County, Ohio and three SO2 monitoring sites in Brooke
County, West Virginia. The data from these monitors have been certified
and recorded in EPA's Air Quality System database. Ohio and West
Virginia have committed to continue monitoring for SO2 at
these locations. EPA's review addresses air quality data collected
through 2018, which includes the most recent three years of complete,
quality-assured data.
    Table 1 shows the 99th percentile results and three-year average
design values for the Steubenville nonattainment area monitors for
2016-2018, which are the most recent three years of complete, quality-
assured data. The overall 2016-2018 design value for the Steubenville
nonattainment area is 37 ppb, which is below the 2010 SO2
NAAQS of 75 ppb. This design value, which was measured at the Weirton-
Marland Heights monitor 54-009-0011, in Brooke County, West Virginia,
represents the highest monitored design value in the Steubenville
nonattainment area. Therefore, Ohio has demonstrated that the
Steubenville nonattainment area's SO2 monitors currently
show attainment of the 2010 SO2 NAAQS. For every 3-year
period since the 2013-2015 design value period, all six monitors have
had design values below the 2010 SO2 NAAQS. Preliminary
monitoring data for 2019 indicate that the area is continuing to attain
the 2010 SO2 NAAQS.

                 Table 1--Monitoring Data for the Steubenville nonattainment Area for 2016-2018
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                                                       Year and 99th percentile value  (ppb)       Design value:
                                                 ------------------------------------------------ average  2016-
            Site ID                 Location                                                        2018  (ppb)
                                                       2016            2017            2018
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39-081-0017...................  Jefferson                     27              18              34              26
                                 County, OH.
39-081-0018...................  Jefferson                     31              34               9              25
                                 County, OH.
39-081-0020...................  Jefferson                     20              13               8              14
                                 County, OH.
54-009-0005...................  Brooke County,                33              28              48              36
                                 WV.
54-009-0007...................  Brooke County,                39              23              24              29
                                 WV.
54-009-0011...................  Brooke County,                49              27              35              37
                                 WV.
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    The states also submitted an analysis demonstrating that the area's
control strategy will provide for attainment of the SO2
NAAQS in the entire area. Ohio and West Virginia developed a joint
attainment demonstration using a dispersion modeling analysis. Ohio
provided this attainment demonstration in its March 25, 2019 submittal.
The March 25, 2019 analysis showed that revised SO2 emission
limits at four SO2 sources in the Steubenville nonattainment
area will provide for attainment. Ohio has confirmed that the modeled
facilities are currently in full compliance with their emission limits.
Current actual emissions at these facilities are therefore at or below
the levels Ohio used in its modeling analysis. The modeling analysis
was discussed in detail in the June 24, 2019 (84 FR 29456) notice of
proposed rulemaking for the Steubenville SO2 nonattainment
SIPs. Since this modeling shows that compliance with the emission
limits in the states' plans yields attainment in the entire
nonattainment area, and since the sources are complying with these
limits, this modeling supports EPA's proposed conclusion that the two-
state area is attaining the SO2 NAAQS. EPA's proposed
conclusion is based on the premise that EPA will issue final rulemaking
approving the Ohio and West Virginia plans, including the associated
modeling analysis, as proposed on June 24, 2019.

IV. Approval of Ohio's SIP

    On June 24, 2019, EPA proposed to approve Ohio's nonattainment SIP
for Jefferson County, including emission limits which were demonstrated
to provide for attainment in Jefferson County. In that action, EPA also
proposed to find that Ohio had satisfied requirements for providing for
attainment of the SO2 NAAQS in the Steubenville
nonattainment area. Ohio has adopted its SO2 SIP
regulations, including those which cover Jefferson County, at Ohio
Administrative Code 3745-18, and Ohio has shown that it maintains an
active enforcement program to ensure ongoing compliance. Ohio's new
source review/prevention of significant deterioration program will
address emissions from new sources. Therefore, EPA proposes to conclude
that this redesignation criterion has been met by Ohio. EPA's proposed
conclusion is based on the premise that EPA will issue final rulemaking
approving Ohio's plan and emission limits as proposed on June 24, 2019.

V. Permanent and Enforceable Emission Reductions

    For an area to be redesignated, the state must be able to
reasonably attribute the improvement in air quality to emission
reductions which are permanent and enforceable. The primary sources in
the Steubenville nonattainment area are the Cardinal Power Plant
(Cardinal), located in Brilliant, Ohio; the JSW Steel USA Ohio
facility, formerly Wheeling-Pittsburgh Steel, formerly Mingo Junction
Steel Works (JSW Steel), in Mingo Junction,

Ohio; the Mingo Junction Energy Center, also in Mingo Junction, Ohio;
and Mountain State Carbon, in Follansbee, West Virginia.
    These facilities have all significantly reduced emissions since the
time the area was monitoring violations, and these emission reductions
have been made permanent and enforceable by the limits that Ohio and
West Virginia adopted and submitted in their respective SIP submittals.
Cardinal implemented flue gas desulfurization (FGD) between 2010 and
2012, resulting in a reduction of SO2 emissions from 32,500
tons in 2010 to 9,700 tons in 2018, a reduction that Ohio's limit
requires to be maintained. The JSW Steel facility has been closed for
several years. Ohio considered its previous allowable emissions in
developing revised emission limits for the facility which would still
provide for attainment in the Steubenville nonattainment area. In 2018,
JSW Steel began to resume some operations, but Ohio's revised emission
limits require that SO2 emissions from this facility must
remain at levels which were set to provide for attainment and
maintenance of the SO2 NAAQS. Mingo Junction Energy Center
has also shut down, but Ohio considered that facility's previous
allowable emissions in developing revised emission limits and fuel
restrictions for the facility which would still provide for attainment.
If the Mingo Junction Energy Center restarts, it must meet Ohio's
revised emission limits which were set to provide for attainment and
maintenance of the SO2 NAAQS. Mountain State Carbon has
improved its coke oven gas desulfurization equipment to reduce its
emissions, as mandated by West Virginia's emission limits and work
practice requirements.
    At the time of Steubenville's nonattainment designation, the
monitored design values (2009-2011) in the area were 109 ppb at the
Jefferson County monitor 39-081-0017 and 174 ppb at the Brooke County,
West Virginia monitor 54-009-0011. More recent monitoring data indicate
that ambient SO2 levels have improved significantly. The
highest monitored design value for the Steubenville nonattainment area
for 2016-2018 is 37 ppb. This value was measured at monitor 54-009-0011
in Brooke County, West Virginia. The highest monitored design value for
2016-2018 in the Ohio portion of the Steubenville nonattainment area
was 26 ppb, at the Jefferson County monitor 39-081-0017. These
monitored values are well below the SO2 NAAQS of 75 ppb.
This air quality improvement is attributable to the substantial
emission reductions noted above, which the Ohio and West Virginia
nonattainment plans require to be permanent and enforceable. Thus, EPA
proposes to find that the improvement in air quality in the
Steubenville nonattainment area can be attributed to permanent and
enforceable emission reductions at facilities in Ohio and West
Virginia.

VI. Requirements for the Area Under Section 110 and Part D

    Ohio has submitted information demonstrating that it meets the
requirements of the CAA for the Steubenville nonattainment area. EPA
approved Ohio's June 7, 2013 infrastructure SIP for SO2 on
August 14, 2015 (80 FR 48733). This infrastructure SIP approval
confirms that Ohio's SIP meets the requirements of CAA section
110(a)(1) and 110(a)(2) to contain the basic program elements, such as
an active enforcement program and permitting program.
    Section 191 of the CAA requires Ohio to submit a part D SIP for the
its portion of the Steubenville nonattainment area by April 4, 2015.
Ohio submitted its part D SIP on April 3, 2015, and supplemented it on
October 13, 2015, March 13, 2017, March 25, 2019, and June 25, 2019.
The SIP included a demonstration of attainment and revised
SO2 emission limits. EPA proposed to approve the
Steubenville nonattainment area SO2 nonattainment plans from
Ohio and West Virginia on June 24, 2019 (84 FR 29456). In its proposed
rulemaking, EPA proposed to find that Ohio satisfied the various
requirements under CAA section 110 and part D for the Steubenville
nonattainment area, such as the requirements for an attainment
inventory of the SO2 emissions from sources in the
nonattainment area (required under section 173(c)(3)), reasonably
available control measures (required under section 173(c)(1)), and
reasonable further progress (required under section 173(c)(2)).
    Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs, and projects that are developed, funded, or approved under
title 23 of the United States Code and the Federal Transit Act
(transportation conformity) as well as to all other federally supported
or funded projects (general conformity). State transportation
conformity SIP revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement, and enforceability
that EPA promulgated pursuant to its authority under the CAA. On August
20, 2014, Ohio submitted documentation establishing transportation
conformity procedures in its SIP. EPA approved these procedures on
March 2, 2015 (80 FR 11133).
    Based on the above, EPA is proposing to find that Ohio has
satisfied the applicable requirements for the redesignation of its
portion of the Steubenville nonattainment area under section 110 and
part D of title I of the CAA.

VII. Maintenance Plan

    CAA section 175A sets forth the elements of a maintenance plan for
areas seeking redesignation from nonattainment to attainment. Under
section 175A, the plan must demonstrate continued attainment of the
applicable NAAQS for at least ten years after the nonattainment area is
redesignated to attainment. Eight years after the redesignation, the
state must submit a revised maintenance plan demonstrating that
attainment will continue to be maintained for the ten years following
the initial ten-year period. To address the possibility of future NAAQS
violations, the maintenance plan must contain contingency measures as
EPA deems necessary to assure prompt correction of any future one-hour
violations. Specifically, the maintenance plan should address five
requirements: The attainment emissions inventory, maintenance
demonstration, monitoring, verification of continued attainment, and a
contingency plan. Ohio's June 25, 2019 redesignation request contains
its maintenance plan, which Ohio has committed to review eight years
after redesignation.
    Ohio submitted an attainment emission inventory which addresses the
Steubenville nonattainment area's 2011 base year emissions of 26,289
tons per year (tpy) and projections of future emissions, for point,
area, and mobile sources. While the attainment date for the
Steubenville nonattainment area was October 4, 2018, Ohio selected 2014
as the attainment year for its June 25, 2019 maintenance plan emission
inventory, because 2014 was one of the years contributing to the 2014-
2016 and 2015-2017 design values which demonstrated the achievement of
attainment of the SO2 NAAQS in the Steubenville
nonattainment area. The 2014 attainment year also corresponds to the
year when the improvement in air quality leading to attainment
(subsequently made permanent and enforceable by the Ohio and West

Virginia plans) occurred due to Cardinal's installation of the FGD
system for its only remaining uncontrolled unit (operating beginning in
2012), the ceasing of operations at the Mingo Junction Energy Center
(last operated in 2012), and the enforceable emission reduction
measures at Mountain State Carbon (discussed in greater detail in West
Virginia's SIP submittal). Total SO2 emissions in the
Steubenville nonattainment area for the attainment year were 11,336 tpy
(10,722 tpy from Ohio sources).
    Ohio projected SO2 emissions for an interim future year,
2023, and for the maintenance year, 2030. Ohio projected that total
SO2 emissions in the Steubenville nonattainment area in the
maintenance year would drop to 10,382 tpy, with 9,858 tpy from Ohio
sources.
    Ohio's maintenance demonstration consists of the nonattainment SIP
air quality analysis which demonstrated that the emission reductions in
effect in the Steubenville nonattainment area will provide for
attainment of the SO2 NAAQS. The permanent and enforceable
SO2 emission reductions described above ensure that
Jefferson County emissions will be equal to or less than the emission
levels which were evaluated in the air quality analysis, and Ohio's
enforcement program will ensure that the Jefferson County
SO2 emission limits are met continuously.
    For continuing verification, Ohio has committed to track the
SO2 emissions and compliance status of the facilities in
Jefferson County so that future emissions will not exceed the
attainment inventory. All major sources in Ohio are required to submit
annual emissions data, which the state uses to update its emission
inventories as required by the CAA. Ohio has also committed to continue
ambient SO2 monitoring in Jefferson County to verify
attainment of the SO2 NAAQS.
    The requirement to submit contingency measures in accordance with
section 172(c)(9) can be adequately addressed for SO2 by the
operation of a comprehensive enforcement program which can quickly
identify and address sources that might be causing exceedances of the
NAAQS level. Ohio's enforcement program is active and capable of prompt
action to remedy compliance issues or NAAQS exceedances. Ohio's June
25, 2019 redesignation request submittal discusses the state's plan to
respond to increasing SO2 concentrations or new exceedances
of the SO2 NAAQS in the maintenance area. Ohio commits to
study SO2 emission trends and identify areas of concern and
potential additional measures, particularly if an annual average 99th
percentile maximum daily one-hour SO2 concentration of 79
ppb or greater occurs. In the case of a two-year average greater than
75 ppb occurring in the maintenance area, Ohio will consider additional
control measures which can be implemented quickly. Ohio has the
authority to expeditiously adopt, implement and enforce any subsequent
emissions control measures deemed necessary to correct any future
SO2 violations. Ohio commits to adopt and implement such
corrective actions as necessary to address trends of increasing
emissions or ambient impacts. The public will have the opportunity to
participate in the contingency measure implementation process.
    Based on the above, EPA proposes to find that Ohio has addressed
the contingency measure requirement. Further, EPA proposes to find that
Ohio's maintenance plan adequately addresses the five basic components
necessary to maintain the SO2 NAAQS in the Steubenville
nonattainment area.

VIII. What action is EPA taking?

    In accordance with Ohio's June 25, 2019 request, EPA is proposing
to redesignate the Ohio portion of the Steubenville nonattainment area
from nonattainment to attainment of the SO2 NAAQS. The Ohio
portion of the nonattainment area includes Cross Creek Township,
Steubenville Township, Warren Township, Wells Township, and
Steubenville City in Jefferson County. Ohio has demonstrated that this
area is attaining the SO2 NAAQS, and that the improvement in
air quality is due to permanent and enforceable SO2 emission
reductions in the nonattainment area. EPA is also proposing to approve
Ohio's maintenance plan, which is designed to ensure that the
Steubenville nonattainment area will continue to maintain the
SO2 NAAQS.
    As noted previously, EPA is conducting separate rulemaking on
whether the Ohio and West Virginia nonattainment plans provide for
attainment and meet other applicable planning requirements. That
rulemaking addresses, for example, the merits of modeling indicating
that compliance with emission limits in the plans yields attainment of
the SO2 NAAQS throughout the area. The public comment period
for that rulemaking has closed, and EPA is evaluating the comments it
received. Thus, EPA plans to determine the adequacy of the
nonattainment plan in the context of the nonattainment plan rulemaking
and not in the context of today's rulemaking. Today's rulemaking does
not prejudge the outcome of that separate rulemaking. Nevertheless,
today's rulemaking is premised on completion of the nonattainment plan
rulemaking, approving the states' plans.
    EPA will publish final action on today's proposed redesignation
only if, and only after, it publishes final approval of the
nonattainment plans, and EPA will reevaluate action on Ohio's
redesignation request if EPA concludes either that the Ohio and West
Virginia plans cannot be approved or that reevaluation of these plans
is necessary.

IX. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, 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 approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);

     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because redesignation is an action that affects the status of a
geographical area and does not impose any new regulatory requirements
on tribes, impact any existing sources of air pollution on tribal
lands, nor impair the maintenance of ozone national ambient air quality
standards in tribal lands.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Dated: September 5, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2019-20196 Filed 9-19-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 98 (Tuesday, May 21, 2013)]
[Rules and Regulations]
[Pages 29616-29618]
[FR Doc No: 2013-11921]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 232

[Release Nos. 33-9403; 34-69568; 39-2490; IC-30515]

Adoption of Updated EDGAR Filer Manual

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

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SUMMARY: The Securities and Exchange Commission (the Commission) is
adopting revisions to the Electronic Data Gathering, Analysis, and
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updates to the EDGAR system. The revisions are being made primarily to
implement the new Form 13F online application and to support US GAAP
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this functionality on May 20, 2013.

DATES: Effective May 21, 2013. The incorporation by reference of the
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as of May 21, 2013.

FOR FURTHER INFORMATION CONTACT: In the Division of Investment
Management, for questions concerning Form 13F contact Judith Gechter at
(202) 551-6860; in the Division of Risk, Strategy, and Financial
Innovation for questions concerning XBRL Taxonomies contact Matthew
Carruth at<PHONE_NUMBER>; and in the Office of Information Technology,
contact Vanessa Anderson at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: We are adopting an updated EDGAR Filer
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describes the requirements for filing using EDGARLink Online and the
Online Forms/XML Web site.
---------------------------------------------------------------------------

    \1\ We originally adopted the Filer Manual on April 1, 1993,
with an effective date of April 26, 1993. Release No. 33-6986 (April
1, 1993) [58 FR 18638]. We implemented the most recent update to the
Filer Manual on January 14, 2013. See Release No. 33-9382 (January
23, 2013) [77 FR 54806].
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    The revisions to the Filer Manual reflect changes within Volume I
entitled EDGAR Filer Manual, Volume I: ``General Information,'' Version
15 (May 2013), Volume II entitled EDGAR Filer Manual, Volume II:
``EDGAR Filing,'' Version 23 (May 2013), and Volume III

entitled EDGAR Filer Manual Volume III: ``N-SAR Supplement'' Version 2
(August 2011).\2\ The updated manual will be incorporated by reference
into the Code of Federal Regulations.
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    \2\ EDGAR Filer Manual Volume III: ``N-SAR Supplement'' Version
2 (August 2011) was previously removed in preparation of conversion
of the DOS based Form N-SAR application to an online application.
See Release No 33-9303. The Commission is no longer pursuing this
conversion as comprehensive enhancements to the form are being
considered.
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    The Filer Manual contains all the technical specifications for
filers to submit filings using the EDGAR system. Filers must comply
with the applicable provisions of the Filer Manual in order to assure
the timely acceptance and processing of filings made in electronic
format.\3\ Filers may consult the Filer Manual in conjunction with our
rules governing mandated electronic filing when preparing documents for
electronic submission.\4\
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    \3\ See Rule 301 of Regulation S-T (17 CFR 232.301).
    \4\ See Release No. 33-9382 (January 23, 2013) [78 FR 4766] in
which we implemented EDGAR Release 13.0. For additional history of
Filer Manual rules, please see the cites therein.
---------------------------------------------------------------------------

    The EDGAR system will be upgraded to Release 13.1 on May 20, 2013
and will introduce the following changes: EDGAR will be updated to
implement the new Form 13F online application. Form 13F will no longer
be available on the EDGARLink Online application. Form 13F may only be
filed using the new online version of the form available on the EDGAR
Filing Web site or constructed by filers according to the new `EDGAR
Form 13F XML Technical Specification' document. The submission form
types 13F-HR, 13-HR/A, 13F-NT, and 13-NT/A will be accessible by
selecting the `File Form 13F' link on the EDGAR Filing Web site.
    Instructions to file the online version of Form 13F are included in
two new sections of Chapter 9 (Preparing and Transmitting Online
Submissions) of the ``EDGAR Filer Manual, Volume II: EDGAR Filing'' to
guide filers through the filing process. These sections will replace
Appendix G, Form 13F Special Electronic Filing Instructions.
    EDGAR will be upgraded to support the US GAAP 2013 Taxonomy. In
addition EDGAR will no longer provide support for the US GAAP 2011
Taxonomy. Please see a complete listing of supported standard
taxonomies on the Commission's public Web site (http://www.sec.gov/info/edgar/edgartaxonomies.shtml).
    The Commission is no longer pursuing its existing project to modify
the method of filing Form N-SAR from a DOS-based application to an
online (XML) application. The draft Form N-SAR XML Technical
Specification document will be removed from the Web site and the
references to the new application will be removed from the EDGAR Filer
Manual. Filers should continue to use the DOS-based application to
create Form N-SAR submissions and the EDGAR Filer Manual, Volume III:
``N-SAR Supplement'' as comprehensive enhancements to the form are
being considered. Please see ``Notice to EDGAR Form N-SAR Filers''
posted on the Commission's public Web site's ``Information for EDGAR
Filers'' page (http://www.sec.gov/info/edgar.shtml) for additional
information.
    Along with the adoption of the Filer Manual, we are amending Rule
301 of Regulation S-T to provide for the incorporation by reference
into the Code of Federal Regulations of today's revisions. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    You may obtain paper copies of the updated Filer Manual at the
following address: Public Reference Room, U.S. Securities and Exchange
Commission, 100 F Street NE., Room 1543, Washington DC 20549, on
official business days between the hours of 10:00 a.m. and 3:00 p.m. We
will post electronic format copies on the Commission's Web site; the
address for the Filer Manual is http://www.sec.gov/info/edgar.shtml.
    Since the Filer Manual and the corresponding rule changes relate
solely to agency procedures or practice, publication for notice and
comment is not required under the Administrative Procedure Act
(APA).\5\ It follows that the requirements of the Regulatory
Flexibility Act \6\ do not apply.
---------------------------------------------------------------------------

    \5\ 5 U.S.C. 553(b).
    \6\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------

    The effective date for the updated Filer Manual and the rule
amendments is May 21, 2013. In accordance with the APA,\7\ we find that
there is good cause to establish an effective date less than 30 days
after publication of these rules. The EDGAR system upgrade to Release
13.1 is scheduled to become available on May 20, 2013. The Commission
believes that establishing an effective date less than 30 days after
publication of these rules is necessary to coordinate the effectiveness
of the updated Filer Manual with the system upgrade.
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    \7\ 5 U.S.C. 553(d)(3).
---------------------------------------------------------------------------

Statutory Basis

    We are adopting the amendments to Regulation S-T under Sections 6,
7, 8, 10, and 19(a) of the Securities Act of 1933,\8\ Sections 3, 12,
13, 14, 15, 23, and 35A of the Securities Exchange Act of 1934,\9\
Section 319 of the Trust Indenture Act of 1939,\10\ and Sections 8, 30,
31, and 38 of the Investment Company Act of 1940.\11\
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    \8\ 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a).
    \9\ 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll.
    \10\ 15 U.S.C. 77sss.
    \11\ 15 U.S.C. 80a-8, 80a-29, 80a-30, and 80a-37.
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List of Subjects in 17 CFR Part 232

    Incorporation by reference, Reporting and recordkeeping
requirements, Securities.

Text of the Amendment

    In accordance with the foregoing, Title 17, Chapter II of the Code
of Federal Regulations is amended as follows:

PART 232--REGULATION S-T--GENERAL RULES AND REGULATIONS FOR
ELECTRONIC FILINGS

0
1. The authority citation for part 232 continues to read in part as
follows:

    Authority:  15 U.S.C. 77f, 77g, 77h, 77j, 77s(a), 77z-3,
77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a-6(c),
80a-8, 80a-29, 80a-30, 80a-37, and 7201 et seq.; and 18 U.S.C. 1350.
* * * * *

0
2. Section 232.301 is revised to read as follows:

Sec.  232.301  EDGAR Filer Manual.

    Filers must prepare electronic filings in the manner prescribed by
the EDGAR Filer Manual, promulgated by the Commission, which sets out
the technical formatting requirements for electronic submissions. The
requirements for becoming an EDGAR Filer and updating company data are
set forth in the updated EDGAR Filer Manual, Volume I: ``General
Information,'' Version 15 (May 2013). The requirements for filing on
EDGAR are set forth in the updated EDGAR Filer Manual, Volume II:
``EDGAR Filing,'' Version 23 (May 2013). Additional provisions
applicable to Form N-SAR filers are set forth in the EDGAR Filer
Manual, Volume III: ``N-SAR Supplement,'' Version 2 (August 2011). All
of these provisions have been incorporated by reference into the Code
of Federal Regulations, which action was approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part
51. You must comply with these requirements in order for documents to
be timely received and accepted. You can obtain paper copies of the
EDGAR Filer Manual from the following address:

Public Reference Room, U.S. Securities and Exchange Commission, 100 F
Street NE., Room 1543, Washington, DC 20549, on official business days
between the hours of 10:00 a.m. and 3:00 p.m. Electronic copies are
available on the Commission's Web site. The address for the Filer
Manual is http://www.sec.gov/info/edgar.shtml. You can also inspect the
document at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    By the Commission.

    Dated: May 14, 2013.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-11921 Filed 5-20-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Notices]
[Pages 45202-45205]
[FR Doc No: 2023-14900]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-492-000]

Florida Gas Transmission Company, LLC; Notice of Scoping Period
Requesting Comments on Environmental Issues for the Proposed South
Louisiana Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental document, that will discuss
the environmental impacts of the South Louisiana Project involving
construction and operation of facilities by Florida Gas Transmission
Company, LLC (FGT) in St. Landry, East Baton Rouge, and Washington
Parishes, Louisiana and Perry County, Mississippi. The Commission will
use

this environmental document in its decision-making process to determine
whether the project is in the public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies regarding the project. As part of the National Environmental
Policy Act (NEPA) review process, the Commission takes into account
concerns the public may have about proposals and the environmental
impacts that could result from its action whenever it considers the
issuance of a Certificate of Public Convenience and Necessity. This
gathering of public input is referred to as ``scoping.'' The main goal
of the scoping process is to focus the analysis in the environmental
document on the important environmental issues. Additional information
about the Commission's NEPA process is described below in the NEPA
Process and Environmental Document section of this notice.
    By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document. To ensure
that your comments are timely and properly recorded, please submit your
comments so that the Commission receives them in Washington, DC on or
before 5:00pm Eastern Time on August 7, 2023. Comments may be submitted
in written form. Further details on how to submit comments are provided
in the Public Participation section of this notice.
    Your comments should focus on the potential environmental effects,
reasonable alternatives, and measures to avoid or lessen environmental
impacts. Your input will help the Commission staff determine what
issues they need to evaluate in the environmental document. Commission
staff will consider all written comments during the preparation of the
environmental document.
    If you submitted comments on this project to the Commission before
the opening of this docket on June 2, 2023, you will need to file those
comments in Docket No. CP23-492-000 to ensure they are considered as
part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the project, the Natural Gas Act conveys the right of eminent
domain to the company. Therefore, if you and the company do not reach
an easement agreement, the pipeline company could initiate condemnation
proceedings in court. In such instances, compensation would be
determined by a judge in accordance with state law. The Commission does
not subsequently grant, exercise, or oversee the exercise of that
eminent domain authority. The courts have exclusive authority to handle
eminent domain cases; the Commission has no jurisdiction over these
matters.
    FGT provided landowners with a fact sheet prepared by the FERC
entitled ``An Interstate Natural Gas Facility On My Land? What Do I
Need To Know?'' which addresses typically asked questions, including
the use of eminent domain and how to participate in the Commission's
proceedings. This fact sheet along with other landowner topics of
interest are available for viewing on the FERC website (www.ferc.gov)
under the Natural Gas, Landowner Topics link.

Public Participation

    There are three methods you can use to submit your comments to the
Commission. Please carefully follow these instructions so that your
comments are properly recorded. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or [email protected].
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is also on the Commission's website (www.ferc.gov) under
the link to FERC Online. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; a comment on a particular project is considered a ``Comment on
a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP23-
492-000) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Additionally, the Commission offers a free service called
eSubscription which makes it easy to stay informed of all issuances and
submittals regarding the dockets/projects to which you subscribe. These
instant email notifications are the fastest way to receive notification
and provide a link to the document files which can reduce the amount of
time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

Summary of the Proposed Project

    FGT proposes to increase its certificated capacity and throughput
at certain compressor stations, and construct, modify, install, own,
operate, and maintain certain compression and auxiliary facilities in
St. Landry, East Baton Rouge, and Washington Parishes, Louisiana and
Perry County, Mississippi. The South Louisiana Project would provide
100 billion British thermal units per day of additional natural gas
firm transportation capacity to Florida Power & Light Company. This
project would expand Florida Power and Light Company's flow path back
into FGT's Zone 2 pool and provide gas to downstream customers, which
includes power generation and local distribution companies.
    The South Louisiana Project would consist of the following
facilities at existing compressor stations:

     Compressor Station 7.5--Uprate two existing natural gas-
fired compressor turbines (Units 7501 and 7502), each from 6,500
horsepower (hp) to 7,700 hp, for an overall certificated compressor
station increase of 2,400 hp. FGT would also modify existing auxiliary
facilities under section 2.55(a) of the Commission's regulations, as
required to support compressor station operations.
     Compressor Station 8--Add process cooling units to support
the existing gas compressors. In addition, FGT would modify existing
auxiliary facilities under section 2.55(a) of the Commission's
regulations, including electrical distribution and communications
infrastructure, station piping, and valving, as required to support
operation of the new cooling units. No change to the certificated HP is
proposed at Compressor Station 8.
     Compressor Station 9--Install one new 7,700 hp natural
gas-fired turbine (Solar Taurus 60) compressor unit. FGT would modify
existing station auxiliary facilities under section 2.55(a) of the
Commission's regulations, including new process cooling units to
support the new and existing gas compressors, electrical distribution
and communications infrastructure, and station piping and valving as
required to support compressor station operations.
     Compressor Station 10--Install one new 15,900 hp natural
gas-fired turbine (Solar Mars 100) compressor unit. FGT would modify
existing station auxiliary facilities under section 2.55(a) of the
Commission's regulations, including new process cooling units to
support the new and existing gas compressors, electrical distribution
and communications infrastructure, and station piping and valving as
required to support compressor station operations.
    The general location of the project facilities is shown in appendix
1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary''. For instructions on
connecting to eLibrary, refer to the last page of this notice. At
this time, the Commission has suspended access to the Commission's
Public Reference Room. For assistance, contact FERC at
[email protected] or call toll free,<PHONE_NUMBER> or TTY
(202) 502-8659.
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Land Requirements for Construction

    Construction of the proposed facilities would only disturb land
owned by FGT at the existing compressor station sites. FGT would only
use public roads and its existing access roads during construction and
operation. All disturbed areas would occur within the compressor
station sites' fencelines and no new land impacts are required.

NEPA Process and the Environmental Document

    Any environmental document issued by the Commission will discuss
impacts that could occur as a result of the construction and operation
of the proposed project under the relevant general resource areas:
     geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     socioeconomics;
     environmental justice;
     air quality and noise; and
     reliability and safety.
    Commission staff will also evaluate reasonable alternatives to the
proposed project or portions of the project and make recommendations on
how to lessen or avoid impacts on the various resource areas. Your
comments will help Commission staff identify and focus on the issues
that might have an effect on the human environment and potentially
eliminate others from further study and discussion in the environmental
document.
    Following this scoping period, Commission staff will determine
whether to prepare an Environmental Assessment (EA) or an Environmental
Impact Statement (EIS). The EA or the EIS will present Commission
staff's independent analysis of the issues. If Commission staff
prepares an EA, a Notice of Schedule for the Preparation of an
Environmental Assessment will be issued. The EA may be issued for an
allotted public comment period. The Commission would consider timely
comments on the EA before making its decision regarding the proposed
project. If Commission staff prepares an EIS, a Notice of Intent to
Prepare an EIS/Notice of Schedule will be issued, which will open up an
additional comment period. Staff will then prepare a draft EIS which
will be issued for public comment. Commission staff will consider all
timely comments received during the comment period on the draft EIS and
revise the document, as necessary, before issuing a final EIS. Any EA
or draft and final EIS will be available in electronic format in the
public record through eLibrary \2\ and the Commission's natural gas
environmental documents web page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you
will receive instant email notification when the environmental document
is issued.
---------------------------------------------------------------------------

    \2\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
---------------------------------------------------------------------------

    With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues of this project to formally cooperate in the
preparation of the environmental document.\3\ Agencies that would like
to request cooperating agency status should follow the instructions for
filing comments provided under the Public Participation section of this
notice.
---------------------------------------------------------------------------

    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Section 1501.8.
---------------------------------------------------------------------------

Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this notice to initiate
consultation with the applicable State Historic Preservation Office(s),
and to solicit their views and those of other government agencies,
interested Indian tribes, and the public on the project's potential
effects on historic properties.\4\ The environmental document for this
project will document findings on the impacts on historic properties
and summarize the status of consultations under section 106.
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    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project and includes a mailing address with their
comments. Commission staff will update the environmental mailing list
as the analysis proceeds to ensure that Commission notices related to
this environmental review are sent to all

individuals, organizations, and government entities interested in and/
or potentially affected by the proposed project.
    If you need to make changes to your name/address, or if you would
like to remove your name from the mailing list, please complete one of
the following steps:
    (1) Send an email to [email protected] stating your
request. You must include the docket number CP23-492-000 in your
request. If you are requesting a change to your address, please be sure
to include your name and the correct address. If you are requesting to
delete your address from the mailing list, please include your name and
address as it appeared on this notice. This email address is unable to
accept comments.
    OR
    (2) Return the attached ``Mailing List Update Form'' (appendix 2).

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field. Be sure you have selected an
appropriate date range. For assistance, please contact FERC Online
Support at [email protected] or<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of all formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    Public sessions or site visits will be posted on the Commission's
calendar located at https://www.ferc.gov/news-events/events along with
other related information.

    Dated: July 7, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-14900 Filed 7-13-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Notices]
[Page 2755]
[FR Doc No: 2023-00690]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2023-0003]

Establishment of an Emergency Relief Docket for Calendar Year
2023

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of establishment of public docket.

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SUMMARY: This Notice announces the establishment of FRA's emergency
relief docket (ERD) for calendar year 2023. The designated ERD for
calendar year 2023 is docket number FRA-2023-0003.

ADDRESSES: See SUPPLEMENTARY INFORMATION section for further
information regarding submitting petitions and/or comments to docket
number FRA-2023-0003.

SUPPLEMENTARY INFORMATION: On May 19, 2009, FRA published a direct
final rule establishing ERDs and the procedures for handling petitions
for emergency waivers of safety rules, regulations, or standards during
an emergency situation or event. 74 FR 23329. That direct final rule
became effective on July 20, 2009 and made minor modifications to 49
CFR 211.45 in FRA's Rules of Practice in 49 CFR part 211. Section
211.45(b) provides that each calendar year FRA will establish an ERD in
the publicly accessible DOT docket system (available at
www.regulations.gov). Section 211.45(b) further provides that FRA will
publish a notice in the Federal Register identifying by docket number
the ERD for that year. FRA established the ERD and emergency waiver
procedures to provide an expedited process for FRA to address the needs
of the public and the railroad industry during emergency situations or
events. This Notice announces the designated ERD for calendar year 2023
is docket number FRA-2023-0003.
    As detailed in Sec.  211.45, if the FRA Administrator determines an
emergency event as defined in 49 CFR 211.45(a) has occurred, or that an
imminent threat of such an emergency occurring exists, and public
safety would benefit from providing the railroad industry with
operational relief, the emergency waiver procedures of 49 CFR 211.45
will go into effect. In such an event, the FRA Administrator will issue
a statement in the ERD indicating the emergency waiver procedures are
in effect and FRA will make every effort to post the statement on its
website at railroads.dot.gov. Any party desiring relief from FRA
regulatory requirements as a result of the emergency should submit a
petition for emergency waiver under 49 CFR 211.45(e) and (f). Specific
instructions for filing petitions for emergency waivers under 49 CFR
211.45 are found at 49 CFR 211.45(f). Specific instructions for filing
comments in response to petitions for emergency waivers are at 49 CFR
211.45(h).

Privacy

    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at www.transportation.gov/privacy.
See also https://www.regulations.gov/privacy-notice for the privacy
notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2023-00690 Filed 1-13-23; 8:45 am]
BILLING CODE 4910-06-P