[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Rules and Regulations]
[Pages 78614-78616]
[FR Doc No: 2022-27813]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1672; Airspace Docket No. 22-ACE-22]
RIN 2120-AA66

Proposed Establishment of Class E Airspace; Marion, IA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E airspace at Marion,
IA. The FAA is proposing this action to support new public instrument
procedures.

DATES: Comments must be received on or before February 6, 2023.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2022-1672/Airspace Docket No. 22-ACE-22 at the beginning of your
comments. You may also submit comments through the internet at
www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order JO 7400.11G, 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
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish Class E airspace extending upward from 700 feet
above the surface at Marion Airport, Marion, IA, to support instrument
flight rule operations at this airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2022-1672/
Airspace Docket No. 22-ACE-22.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11G, Airspace
Designations and Reporting Points, dated August 19, 2022, and effective
September 15, 2022. FAA Order JO 7400.11G is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11G
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by establishing
Class E airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Marion Airport, Marion, IA.
    This action is necessary to support new public instrument
procedures.
    Class E airspace designations are published in paragraph 6005 of
FAA Order JO 7400.11G, dated August 19, 2022, and effective September
15, 2022, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ACE IA E5 Marion, IA [Establish]

Marion Airport, IA
    (Lat. 42[deg]01'47'' N, long. 91[deg]31'54'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Marion Airport.

    Issued in Fort Worth, Texas, on December 19, 2022.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2022-27813 Filed 12-21-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Notices]
[Pages 46973-46974]
[FR Doc No: 2017-21725]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL17-95-000]

California Public Utilities Commission, Transmission Agency of
Northern California, Sacramento Municipal Utility District, M-S-R
Public Power Agency, City of Santa Clara, California, State Water
Contractors, Modesto Irrigation District, Northern California Power
Agency v. Pacific Gas and Electric Company; Notice of Complaint

    Take notice that on September 29, 2017, the California Public
Utilities Commission, Transmission Agency of Northern California,
Sacramento Municipal Utility District, M-S-R Public Power Agency, City
of Santa Clara, California, doing business as Silicon Valley Power,
State Water Contractors, Modesto Irrigation District, and Northern
California Power Agency (collectively, Complainants) filed a formal
complaint against Pacific Gas and Electric Company (Respondent)
pursuant to section 206 of the Federal Power Act, 16 U.S.C. 824(e),
825(e) (2012), and Rule 206 of the Rules of Practice and Procedure of
the Federal Energy Regulatory Commission (Commission), 18 CFR 385.206
(2017), alleging that Respondent's proposed Transmission Owner (TO)
rates substantially exceed its cost of service and may well exceed the
revenue requirement comprising its last clean rate. Complainants
request that the Commission order an investigation into Respondent's TO
rates and exercise its authority to establish the earliest possible
refund effective date, all as more fully explained in the complaint.
    Complainants certify that copies of the complaint were served on
the contact for PG&E.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure. 18 CFR 385.211, 385.214 (2017). Protests will
be considered by the Commission in determining the appropriate action
to be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests, must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and

interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on October 19, 2017.

    Dated: October 2, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-21725 Filed 10-6-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 13, 2010 (Volume 75, Number 133)]
[Notices]
[Page 39952-39953]
[DOCID:fr13jy10-84]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0344]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Testing Communications on Medical Devices and
Radiation-Emitting Products

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal agencies are required to publish notice in the
Federal Register concerning each proposed collection of information and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on communication studies involving medical
devices and radiation-emitting products regulated by FDA. This
information will be used to explore concepts of interest and assist in
the development and modification of communication messages and
campaigns to fulfill the agency's mission to protect the public health.

DATES: Submit either electronic or written comments on the collection
of information by September 13, 2010.

ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Daniel Gittleson, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information before
submitting the collection to OMB for approval. To comply with this
requirement, FDA is publishing notice of the proposed collection of
information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Testing Communications on Medical Devices and Radiation-Emitting
Products--(OMB Control Number 0910-New)

    FDA is authorized by section 1003(d)(2)(D) of the Federal Food,
Drug, and Cosmetic Act (the act) (21 U.S.C. 393(d)(2)(D)) to conduct
educational and public information programs relating to the safety of
regulated medical devices and radiation-emitting products. FDA must
conduct needed research to ensure that such programs have the highest
likelihood of being effective. Improving communications about medical
devices and radiation-emitting products will involve many research
methods, including individual indepth interviews, mall-intercept
interviews, focus groups, self-administered surveys, gatekeeper
reviews, and omnibus telephone surveys.
    The information collected will serve three major purposes. First,
as formative research it will provide critical knowledge needed about
target audiences to develop messages and campaigns about medical device
and radiation-emitting product use. Knowledge of consumer and health
care professional decisionmaking processes will provide the better
understanding of target audiences that FDA needs to design effective
communication strategies, messages, and labels. These communications
will aim to improve public understanding of the risks and benefits of
using medical devices and radiation-emitting products by providing
users with a better context in which to place risk information more
completely.
    Second, as initial testing, it will allow FDA to assess the
potential effectiveness of messages and materials in reaching and
successfully communicating with their intended audiences. Testing
messages with a sample of the target audience will allow FDA to refine
messages while still in the developmental stage. Respondents will be
asked to give their reaction to the messages in either individual or
group settings.
    Third, as evaluative research, it will allow FDA to ascertain the
effectiveness of the messages and the distribution method of these
messages in achieving the objectives of the message campaign.
Evaluation of campaigns is a vital link in continuous improvement of
communications at FDA.
    FDA estimates the burden of this collection of information as
follows:

                                                       Table 1.--Estimated Annual Reporting Burden
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                                                                                Total Operating &
             Section of the act                    No. of         Annual Frequency      Total Annual       Hours per    Total  Hours      Maintenance
                                                 Respondents        per Response          Responses        Response                        Costs\1\
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1003(d)(2)(D)                                           16,448                     1            16,448          0.1739         2,860             $25,239
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total                                                   16,448                     1            16,448          0.1739         2,860             $25,239
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs associated with this collection of information.

    Annually, FDA projects about 30 studies using a variety of research
methods, and lasting an average of 0.17 hours each (varying from 0.08-
1.5 hours). The operating and maintenance costs include contractor
expenses for designing and conducting information collection
activities, specifically, drawing samples, training interviewers,
collecting and analyzing information, and reporting and disseminating
findings. FDA estimates the burden of this collection of information
based on prior recent experience with the various types of data
collection methods described earlier. FDA is requesting this burden so
as not to restrict the agency's ability to gather information on public
sentiment for its proposals in its regulatory and communications
programs.

    Dated: July 7, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-16973 Filed 7-12-10; 8:45 am]
BILLING CODE 4160-01-S


37087 Federal Register / Vol. 68, No. 120 / Monday, June 23, 2003 / Rules and Regulations F. Executive Order 13132: Federalism In accordance with Executive Order 13132, we have reviewed this final rule and have determined that it does not have `` federalism'' implications.

G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments In accordance with Executive Order 13175, we certify that this final rule does not impose substantial compliance costs on Indian tribal governments.

H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use In accordance with Executive Order 13211, we have reviewed this final rule and have determined that it has no effect on the production or price of coal. Consequently, it has no significant adverse effect on the supply, distribution, or use of energy, and no reasonable alternatives to this action are necessary.

I. Executive Order 13272: Proper Consideration of Small Entities in Agency Rulemaking In accordance with Executive Order 13272, MSHA has thoroughly reviewed the final rule to assess and take appropriate account of its potential impact on small businesses, small governmental jurisdictions, and small organizations. As discussed previously in this preamble, MSHA has determined that the final rule does not have a significant economic impact on a substantial number of small entities.

List of Subjects 30 CFR Part 71 Coal mines, Mine safety and health, Surface mining.

30 CFR Part 75 Coal mines, Mine safety and health, Underground mining.

Dated: June 18, 2003. John R. Caylor, Deputy Assistant Secretary of Labor for Mine Safety and Health.

 For the reasons set out in the preamble, and under the authority of the Federal Mine Safety and Health Act of 1977, MSHA is amending chapter I, parts 71 and 75, of title 30 of the Code of Federal Regulations as follows:

PART 71   [ AMENDED]

 1. The authority citation for part 71 continues to read as follows:

Authority: 30 U. S. C. 811, 951, 957.  2. Section 71.500 is revised to read as follows:

§ 71.500 Sanitary toilet facilities at surface work sites; installation requirements. ( a) Each operator of a surface coal mine shall provide and install at least one sanitary toilet in a location convenient to each surface work site. A single sanitary toilet may serve two or more surface work sites in the same surface mine where the sanitary toilet is convenient to each such work site. ( b) Where 10 or more miners use such toilet facilities, sufficient toilets shall be furnished to provide approximately one sanitary toilet for each 10 miners. ( c) Sanitary toilets shall have an attached toilet seat with a hinged lid and a toilet paper holder together with an adequate supply of toilet tissue. ( d) Only flush or nonflush chemical or biological toilets, combustion or incinerating toilets, sealed bag toilets, and vault toilets meet the requirements of this section. Privies are prohibited.

( Note to paragraph ( d): Sanitary toilet facilities for surface work areas of underground mines are subject to the provisions of § 75.1712   3 of this chapter.)

PART 75   [ AMENDED]

 3. The authority citation for part 75 continues to read as follows:

Authority: 30 U. S. C. 811.

 4. Section 75.1712   6 is revised to read as follows:

§ 75.1712   6 Underground sanitary facilities; installation and maintenance. ( a) Except as provided in § 75.1712   7, each operator of an underground coal mine shall provide and maintain one sanitary toilet in a dry location under protected roof, within 500 feet of each working place in the mine where miners are regularly employed during the mining cycle. A single sanitary toilet may serve two or more working places in the same mine, if it is located within 500 feet of each such working place. ( b) Sanitary toilets shall have an attached toilet seat with a hinged lid and a toilet paper holder together with an adequate supply of toilet tissue, except that a toilet paper holder is not required for an unenclosed toilet facility. ( c) Only flush or nonflush chemical or biological toilets, sealed bag toilets, and vault toilets meet the requirements of this section. Privies and combustion or incinerating toilets are prohibited underground.

[ FR Doc. 03   15813 Filed 6   20   03; 8: 45 am]

BILLING CODE 4510   43   P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 9 [ OPPT   2003   0002; FRL   7314   5]

OMB Approvals Under the Paperwork Reduction Act; Technical Amendment AGENCY: Environmental Protection Agency ( EPA). ACTION: Final rule.

SUMMARY: In compliance with the Paperwork Reduction Act ( PRA), this technical amendment updates the table that lists the Office of Management and Budget ( OMB) control numbers issued under the PRA for information collection requirements contained in EPA's regulations that are promulgated in title 40 of the Code of Federal Regulations ( CFR). This technical amendment adds new approvals published in the Federal Register since July 1, 2000, and removes expired and terminated approvals. DATES: This rule is effective June 23, 2003.

FOR FURTHER INFORMATION CONTACT: Angela F. Hofmann, Director, Regulatory Coordination Staff, Office of Prevention, Pesticides and Toxic Substances ( 7101M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 202) 564   0258; e mail address: hofmann. angela@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me? This action is directed to the public in general. This action may, however, be of interest to those persons who are concerned about OMB approval for information collections required by EPA regulations. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPPT   2003   0002. The official public docket consists of the documents specifically referenced in this action, any public comments received, and VerDate Jan< 31> 2003 14: 26 Jun 20, 2003 Jkt 200001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 23JNR1. SGM 23JNR1 RECEIVED OPPT NCIC 2003 JUN23 7: 04AM OPPT 2003 0002 0001 37088 Federal Register / Vol. 68, No. 120 / Monday, June 23, 2003 / Rules and Regulations other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the EPA Docket Center, Rm. B102   Reading Room, EPA West, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The EPA Docket Center Reading Room telephone number is ( 202) 566   1744 and the telephone number for the OPPT Docket, which is located in EPA Docket Center, is ( 202) 566   0280. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. A frequently updated electronic version of 40 CFR part 9 is available at http:// www. access. gpo. gov/ nara/ cfr/ cfrhtml_ 00/ Title_ 40/ 40cfr9_ 00. html, a beta site currently under development. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number.

II. Background A. Why is this Technical Amendment Being Issued?

This document updates the OMB control numbers listed in 40 CFR part 9 for various actions published in the Federal Register since July 1, 2000, and issued under the Toxic Substances Control Act ( TSCA) ( 15 U. S. C. 2601), the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA) ( 7 U. S. C. 136), and the Federal Food, Drug, and Cosmetic Act ( FFDCA) ( 21 U. S. C. 408). EPA will continue to present OMB control numbers in a consolidated table format in 40 CFR part 9 of the Agency's regulations. The table lists CFR citations with reporting, recordkeeping, or other information collection requirements that require OMB approval under the PRA ( 44 U. S. C. 3501 et seq.), and the current OMB control numbers. This listing of the OMB control numbers and their subsequent codification in the CFR satisfies the requirements of the PRA ( 44 U. S. C. 3501 et seq.) and OMB's implementing regulations at 5 CFR part 1320.

B. Why is this Technical Amendment Issued as a Final Rule? The information collection activities included in this document were previously subject to public notice and comment prior to OMB approval, as part of the OMB approval or rulemaking process. Therefore, EPA finds that publication of a proposed rule is unnecessary and would waste public tax dollars. This technical amendment is effective upon publication under the `` good cause'' clause found in section 553( b)( 3)( B) of the Administrative Procedure Act ( APA) ( 5 U. S. C. 553( b)( 3)( B)) which allows a regulatory action to become final without prior notice and comment.

C. What Specific Changes are Being Made? The following changes are being made to the table in § 9.1: 1. Table amended to reflect new requirements. In the Federal Register of July 19, 2001 ( 66 FR 37772) ( FRL   6057   7), EPA issued final regulations under FIFRA for Plant Incorporated Protectants ( Formerly Plant Pesticides), with provisions codified in 40 CFR parts 152 and 174. The information collection requirements contained in this rule consisted of up front substantiation for claims of CBI for plant incorporated protectant activities ( e. g., EUP submissions, registration applications, tolerance requests, and adverse effects reporting), and for adverse effects reporting for the otherwise exempt plant incorporated protectants. OMB approved the Information Collection Request ( ICR) for this rule on July 31, 2001, under OMB control number 2070   0142 ( EPA ICR No. 1693.02). EPA announced this approval in the Federal Register on September 28, 2001 ( 66 FR 49664) ( FRL   7069   8). Copies of these documents are available in the docket described in Unit I. B. 1. 2. Table amended to reflect ICR consolidation. EPA consolidated the information collection activities related to the PCB regulations in 40 CFR part 761 under a single ICR. All of these information collection activities were already approved by OMB under the following OMB control numbers: 2070 0003 ( EPA ICR No. 1000); 2070 0008 ( EPA ICR No. 1001); 2070 0011 ( EPA ICR No. 1012); 2070 0021 ( EPA ICR No. 857); 2070 0112 ( EPA ICR No. 1446); and 2070 0159 ( EPA ICR No. 1729), and the table in part 9 identified these OMB control numbers. OMB approved the consolidated ICR on August 29, 2001, under OMB control number 2070   0112 ( EPA ICR No. 1446.07). EPA announced this approval in the Federal Register on December 14, 2001 ( 66 FR 64817) ( FRL   7118   4), see also the Federal Register of February 12, 2002 ( 67 FR 6519) ( FRL   7142   4). Copies of these documents are available in the docket described in Unit I. B. 1. 3. Table amended to reflect changes in the regulations. Since July 1, 2001, EPA has taken several actions related to significant new use rules ( SNURs) promulgated under TSCA section 5( a)( 2). The paperwork burden associated with a SNUR has been approved under OMB control numbers 2070   0012 ( EPA ICR No. 0574.11), when related to new chemicals, and 2070   0038 ( EPA ICR No. 1188.07), when related to existing chemicals. These ICRs were first approved in the late 1980s and have been renewed every 3 years, and the latest approval for these ICRs were announced in the Federal Register on September 28, 2001 ( 66 FR 49664) for 2070   0012, and in the Federal Register on February 3, 2003 ( 68 FR 5288) ( FRL   7446   7) for 2070   0038. Copies of these documents are available in the docket described in Unit I. B. 1. EPA is removing several entries because the SNURs have been revoked. Specifically, in the Federal Register on December 11, 2001 ( 66 FR 63941) ( FRL   6807   3), EPA removed § § 721.3460 and 721.6820, and in the Federal Register on September 27, 2002 ( 67 FR 60991) ( FRL   7186   9), EPA removed § § 721.3628, 721.5300, and 721.8170. Since these provisions no longer exist, the corresponding listing in the table should be removed as well. EPA is adding several entries to reflect the promulgation of the SNURs. Specifically, in the Federal Register on March 11, 2002 ( 67 FR 11007) ( FRL   6823   6), EPA established a new § 721.9582. In the Federal Register on April 11, 2002 ( 67 FR 17643) ( FRL   6805   1), EPA established new § § 721.1230, 721.1240, 721.3780, and 721.8175. In the Federal Register on March 28, 2003 ( 68 FR 15061) ( FRL   6758   7), EPA established the following new § § 721.321; 721.338; 721.463; 721.465; 721.522; 721.525; 721.532; 721.533; 721.638; 721.648; 721.843; 721.910; 721.990; 721.1767; 721.1852; 721.1878; 721.1880; 721.2093; 721.2155; 721.2465; 721.2577; 721.2582; 721.2584; 721.2673; 721.3805; 721.3807; 721.3812; 721.3818; 721.3848; 721.4136; 721.4486; 721.4575; 721.5260; 721.5262; 721.5283;

VerDate Jan< 31> 2003 14: 26 Jun 20, 2003 Jkt 200001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 23JNR1. SGM 23JNR1 37089 Federal Register / Vol. 68, No. 120 / Monday, June 23, 2003 / Rules and Regulations 721.5286; 721.5452; 721.5454; 721.5590; 721.5925; 721.6005; 721.6178; 721.6181; 721.6183; 721.6205; 721.8085; 721.8658; 721.8920; 721.9502; 721.9504; 721.9538; 721.9597; and 721.9952. The table is amended to list these new sections, along with their corresponding OMB control number as identified in the final rule.

III. Statutory and Executive Order Reviews This final rule implements technical amendments to 40 CFR part 9 to reflect changes to OMB approvals under the PRA. It does not otherwise impose or amend any requirements. As such, this action is not a `` significant regulatory action'' under Executive Order 12866, entitled Regulatory Planning and Review ( 58 FR 51735, October 4, 1993), and is therefore not subject to review by OMB. Because this action is not economically significant as defined by section 3( f) of Executive Order 12866, this action is not subject to Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks ( 62 FR 19885, April 23, 1997). This rule does not contain any new information collection requirements that require review or approval by OMB pursuant to the PRA. The information collection activities associated with the OMB control numbers contained in this document have already been approved by OMB. Since the Agency has made a `` good cause'' finding that this action is not subject to notice and comment requirements under the APA or any other statute ( see Unit II. B.), this action is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act ( RFA) ( 5 U. S. C. 601 et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 ( UMRA) ( Public Law 104   4). In addition, this action does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate, as described in sections 203 and 204 of UMRA. This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, entitled Federalism ( 64 FR 43255, August 10, 1999). Similarly, this rule will not have substantial direct effects on tribal governments, 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 in Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments ( 65 FR 67249, November 6, 2000). This action does not involve any technical standards that require the Agency's consideration of voluntary consensus standards pursuant to section 12( d) of the National Technology Transfer and Advancement Act of 1995 ( NTTAA), Public Law 104   113, section 12( d) ( 15 U. S. C. 272 note). This rule is not subject to Executive Order 13211, entitled Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use ( 66 FR 28355, May 22, 2001), because this action is not a significant regulatory action under Executive Order 12866. This action will not result in environmental justice related issues and does not therefore, require special consideration under Executive Order 12898, entitled Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations ( 59 FR 7629, February 16, 1994).

IV. Congressional Review Act The Congressional Review Act ( CRA), 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. Section 808 of CRA allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary, or contrary to the public interest. This determination must be supported by a brief statement ( 5 U. S. C. 808( 2)). As stated previously, EPA has made such a good cause finding, including the reasons therefore, and established an effective date of June 23, 2003. 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 this rule in the Federal Register. This rule is not a `` major rule'' as defined by 5 U. S. C. 804( 2).

List of Subjects in 40 CFR Part 9 Environmental protection, Reporting and recordkeeping requirements. Dated: June 13, 2003. Stephen L. Johnson, Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances.

 Therefore, 40 CFR chapter I is amended as follows:

PART 9   [ AMENDED]

 1. The authority citation for part 9 continues to read as follows:

Authority: 7 U. S. C. 135 et seq., 136   136y; 15 U. S. C. 2001, 2003, 2005, 2006, 2601   2671; 21 U. S. C. 331j, 346a, 348; 31 U. S. C. 9701; 33 U. S. C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 1342, 1344, 1345 ( d) and ( e), 1361; E. O. 11735, 38 FR 21243, 3 CFR, 1971   1975 Comp. p. 973; 42 U. S. C. 241, 242b, 243, 246, 300f, 300g, 300g   1, 300g   2, 300g   3, 300g   4, 300g   5, 300g   6, 300j   1, 300j   2, 300j   3, 300j   4, 300j   9, 1857 et seq., 6901   6992k, 7401   7671q, 7542, 9601   9657, 11023, 11048.

 2. In § 9.1, the table is amended by adding a new heading and its entries in numerical order to read as follows:

§ 9.1 OMB approvals under the Paperwork Reduction Act.

* * * * *

40 CFR citation OMB control No.

* * * * * Procedures and Requirements for Plant Incorporated Protectants 174.9 ..................................... 2070   0142 174.71 ................................... 2070   0142 * * * * *

* * * * *

 3. In § 9.1, the table is amended under the heading `` Significant New Uses of Chemical Substances'' by removing the entries 721.3460, 721.3628, 721.5300, 721.6820, and 721.8170.

 4. In § 9.1, the table is amended under the heading `` Significant New Uses of Chemical Substances'' by adding the following entries in numerical order:

§ 9.1 OMB approvals under the Paperwork Reduction Act.

* * * * *

40 CFR citation OMB control No.

* * * * * Significant New Uses of Chemical Substances * * * * * 721.321 ................................. 2070   0012 * * * * * 721.338 ................................. 2070   0012 * * * * * 721.463 ................................. 2070   0012 721.465 ................................. 2070   0012 VerDate Jan< 31> 2003 14: 26 Jun 20, 2003 Jkt 200001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 23JNR1. SGM 23JNR1 37090 Federal Register / Vol. 68, No. 120 / Monday, June 23, 2003 / Rules and Regulations 40 CFR citation OMB control No.

* * * * * 721.522 ................................. 2070   0012 * * * * * 721.525 ................................. 2070   0012 * * * * * 721.532 ................................. 2070   0012 721.533 ................................. 2070   0012 * * * * * 721.638 ................................. 2070   0012 * * * * * 721.648 ................................. 2070   0012 * * * * * 721.843 ................................. 2070   0012 * * * * * 721.910 ................................. 2070   0012 * * * * * 721.990 ................................. 2070   0012 * * * * * 721.1230 ............................... 2070   0012 721.1240 ............................... 2070   0012 * * * * * 721.1767 ............................... 2070   0012 * * * * * 721.1852 ............................... 2070   0012 * * * * * 721.1878 ............................... 2070   0012 721.1880 ............................... 2070   0012 * * * * * 721.2093 ............................... 2070   0012 * * * * * 721.2155 ............................... 2070   0012 * * * * * 721.2465 ............................... 2070   0012 * * * * * 721.2577 ............................... 2070   0012 * * * * * 721.2582 ............................... 2070   0012 721.2584 ............................... 2070   0012 * * * * * 721.2673 ............................... 2070   0012 * * * * * 721.3780 ............................... 2070   0012 * * * * * 721.3805 ............................... 2070   0012 721.3807 ............................... 2070   0012 * * * * * 721.3812 ............................... 2070   0012 * * * * * 721.3818 ............................... 2070   0012 * * * * * 721.3848 ............................... 2070   0012 * * * * * 721.4136 ............................... 2070   0012 * * * * * 721.4486 ............................... 2070   0012 * * * * * 721.4575 ............................... 2070   0012 * * * * * 721.5260 ............................... 2070   0012 721.5262 ............................... 2070   0012 * * * * * 721.5283 ............................... 2070   0012 * * * * * 721.5286 ............................... 2070   0012 * * * * * 721.5452 ............................... 2070   0012 721.5454 ............................... 2070   0012 * * * * * 721.5590 ............................... 2070   0012 * * * * * 721.5925 ............................... 2070   0012 * * * * * 721.6005 ............................... 2070   0012 40 CFR citation OMB control No.

* * * * * 721.6178 ............................... 2070   0012 * * * * * 721.6181 ............................... 2070   0012 721.6183 ............................... 2070   0012 * * * * * 721.6205 ............................... 2070   0012 * * * * * 721.8085 ............................... 2070   0012 * * * * * 721.8175 ............................... 2070   0012 * * * * * 721.8658 ............................... 2070   0012 * * * * * 721.8920 ............................... 2070   0012 * * * * * 721.9502 ............................... 2070   0012 * * * * * 721.9504 ............................... 2070   0012 * * * * * 721.9538 ............................... 2070   0012 * * * * * 721.9582 ............................... 2070   0038 * * * * * 721.9597 ............................... 2070   0012 * * * * * 721.9952 ............................... 2070   0012 * * * * *

* * * * *

 5. In § 9.1, the table is amended by revising the entries under the heading `` Polychlorinated Biphenyls ( PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions'' to read as follows:

§ 9.1 OMB approvals under the Paperwork Reduction Act.

* * * * *

40 CFR citation OMB control No.

* * * * * Polychlorinated Biphenyls ( PCBs) Manufacturing Processing, Distribution in Commerce and Use Prohibitions 761.20 ................................... 2070   0112 761.30 ................................... 2070   0112 761.35 ................................... 2070   0112 761.40 ................................... 2070   0112 761.60 ................................... 2070   0112 761.61 ................................... 2070   0112 761.62 ................................... 2070   0112 761.65 ................................... 2070   0112 761.70 ................................... 2070   0112 761.71 ................................... 2070   0112 761.72 ................................... 2070   0112 761.75( b) and ( c) .................. 2070   0112 761.77 ................................... 2070   0112 761.79( f) and ( h) ................... 2070   0112 761.80( e), ( g), ( i) and ( n) ...... 2070   0112 761.125 ................................. 2070   0112 761.180 ................................. 2070   0112 761.185 ................................. 2070   0112 761.187 ................................. 2070   0112 761.193 ................................. 2070   0112 761.202( a) ............................ 2070   0112 761.205 ................................. 2070   0112 761.207 ................................. 2070   0112 40 CFR citation OMB control No.

761.208 ................................. 2070   0112 761.209 ................................. 2070   0112 761.210 ................................. 2070   0112 761.211 ................................. 2070   0112 761.215 ................................. 2070   0112 761.218 ................................. 2070   0112 761.253 ................................. 2070   0112 761.274 ................................. 2070   0112 761.295 ................................. 2070   0112 761.314 ................................. 2070   0112 761.357 ................................. 2070   0112 761.359 ................................. 2070   0112 761.395 ................................. 2070   0112 761.398 ................................. 2070   0112 * * * * *

* * * * *

[ FR Doc. 03   15669 Filed 6   20   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [ CA093   CORR; FRL   7516   9]

Correction of Designation of Areas for Air Quality Planning Purposes; California   PM   10 Nonattainment Areas AGENCY: Environmental Protection Agency ( EPA). ACTION: Final rule; correcting amendment.

SUMMARY: This action corrects language in title 40 of the Code of Federal Regulations that was promulgated in final rules published in the Federal Register on August 6, 2002 and May 7, 2003. EFFECTIVE DATE: This rule is effective on June 23, 2003. SUPPLEMENTARY INFORMATION: On August 6, 2002 ( 67 FR 50805) and May 7, 2003 ( 68 FR 24368), EPA published final rulemaking actions approving redesignation requests of the California State Implementation Plan ( SIP). Both of these actions contained amendments to the PM   10 table found in 40 CFR part 81, § 81.305. The August 6, 2002 action omitted the designation and classification dates and types for a portion of San Bernardino County. The May 7, 2003 action failed to note the designation of the Indian Wells Valley planning area as attainment with an effective date. With this action, we are also correcting the list of counties in the San Joaquin Valley Planning Area ( SJVPA). The table will now contain all counties within the SJVPA in alphabetical order. The entry will now read: Fresno, Kern,

VerDate Jan< 31> 2003 14: 26 Jun 20, 2003 Jkt 200001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 23JNR1. SGM 23JNR1


[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Proposed Rules]
[Pages 26627-26630]
[FR Doc No: 2019-12064]

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

40 CFR Part 81

[EPA-HQ-OAR-2019-0011; FRL-9994-83-OAR]
RIN 2060-AU14

Reconsideration of the Area Designation for the 2010 1-Hour
Sulfur Dioxide (SO2) Primary National Ambient Air Quality Standard for
Williamson County, Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
reconsider the nonattainment designation under the Clean Air Act (CAA)
for the Williamson County, Illinois area for the 2010 1-hour sulfur
dioxide (SO2) primary national ambient air quality standard
(NAAQS). On June 30, 2016, the EPA Administrator signed a final action
that designated the Williamson County, Illinois area as nonattainment
based on a review of available information. On September 12, 2016,
Southern Illinois Power Cooperative (SIPC), the owner of the largest
source of SO2 emissions in the area (the Marion Power
Station), submitted to the EPA an updated modeling analysis that
characterized SO2 air quality in the area at the time of the
final designation action. The EPA has reviewed that modeling and
concludes the available information demonstrates that, as of the date
of the Administrator's signature on the final action, the Williamson
County, Illinois area was not violating the 2010 1-hour SO2
NAAQS and was not contributing to a NAAQS violation in a nearby area.
Therefore, the EPA is proposing to change the initial designation of
Williamson County, Illinois, from nonattainment to attainment/
unclassifiable.

DATES: Comments must be received on or before July 8, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2019-0011, at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, 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: For further information concerning
this action, please contact Corey Mocka, U.S. EPA, Office of Air
Quality Planning and Standards, Air Quality Policy Division, Mail Code
C539-01, 109 T.W. Alexander Drive, Research Triangle Park, NC 27709; by
telephone at<PHONE_NUMBER> or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Throughout this document wherever ``we,'' ``us,'' or ``our'' is
used, we mean the EPA.

Table of Contents

I. General Information
II. Background
    A. Designations of Areas for the 1-Hour SO2 NAAQS
    B. Round 2 Designation of Williamson County, Illinois
    C. Petitions and Additional Modeling Received From SIPC
Subsequent to the Designation of Williamson County
III. Proposed Action
IV. Environmental Justice Considerations
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Government
    H. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    I. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution or Use
    J. National Technology Transfer and Advancement Act (NTTA)
    K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

I. General Information

A. Glossary of Terms and Acronyms

    The following are abbreviations of terms used in this notice.

AERMOD American Meteorological Society/EPA Regulatory Model
APA Administrative Procedure Act
CAA or Act Clean Air Act
CBI Confidential Business Information
CFR Code of Federal Regulations
DC District of Columbia
EPA or Agency Environmental Protection Agency
FR Federal Register
NAAQS National Ambient Air Quality Standards
NTTAA National Technology Transfer and Advancement Act
SIP State Implementation Plan
SIPC Southern Illinois Power Cooperative
SO2 Sulfur Dioxide
RFA Regulatory Flexibility Act
UMRA Unfunded Mandate Reform Act of 1995
TAD Technical Assistance Document
TSD Technical Support Document
U.S. United States

B. Docket

    All documents in the docket are listed in the www.regulations.gov
index, identified by Docket ID No. EPA-HQ-OAR-2019-0011. Although
listed in the index, some information is not publicly available, e.g.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, will be publicly
available only in hard copy. Publicly available docket materials are
available either electronically in www.regulations.gov or in hard copy
at the EPA Docket Center. Air dispersion modeling input and output
files are too large to post in the docket or on the website and must be
requested from the contact listed in the FOR FURTHER INFORMATION
CONTACT section or from the EPA Docket Center. The EPA Docket

Center can be contacted at<PHONE_NUMBER>, and is located at EPA Docket
Center Reading Room, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The hours of operation at the EPA
Docket Center are 8:30 a.m.-4:30 p.m., Monday-Friday.

II. Background

A. Designations of Areas for the 1-Hour SO2 NAAQS

    In 2010, the EPA issued a notice of final rulemaking that revised
the primary SO2 NAAQS (75 FR 35520; June 22, 2010). The EPA
established the revised primary SO2 NAAQS at 75 parts per
billion (ppb) which is attained when the 3-year average of the annual
99th percentile of daily maximum 1-hour average concentrations does not
exceed 75 ppb. The notice for the final rulemaking provides information
on the health effects of exposures to SO2 concentrations and
other information on the NAAQS.
    The process for designating areas following promulgation of a new
or revised NAAQS is contained in CAA section 107(d) (42 U.S.C.
7407(d)). After promulgation of a new or revised NAAQS, each governor
or tribal leader is required to recommend air quality designations,
including the appropriate boundaries for nonattainment areas, to the
EPA.\1\ The EPA considers these recommendations as part of its duty to
promulgate the formal area designations and boundaries for the new or
revised NAAQS. By no later than 120 days prior to promulgating
designations, the EPA is required to notify states, territories, and
tribes, as appropriate, of any intended modifications to an area
designation or boundary recommendation that the EPA deems necessary.
---------------------------------------------------------------------------

    \1\ Tribal leaders are also invited to make air quality
designation recommendations for areas of Indian country.
---------------------------------------------------------------------------

B. Round 2 Designation of Williamson County, Illinois \2\
---------------------------------------------------------------------------

    \2\ The EPA refers to the designations of selected areas,
including Williamson County, Illinois, for the 1-hour SO2
NAAQS that the Agency finalized in 2016 as ``Round 2'' designations.
The EPA also finalized designations for other selected areas in 2013
(Round 1; see 78 FR 47191) and 2018 (Round 3; see 83 FR 1098 and 83
FR 14597).
---------------------------------------------------------------------------

    The Marion Power Station, owned by SIPC, is a source of
SO2 emissions located in southern Williamson County,
Illinois in a rural area adjacent to the Lake of Egypt. The EPA was
required under the conditions of a May 2015 enforceable court order to
designate the area around the Marion Power Station by July 2, 2016 (see
81 FR 45039).
    In 2011, following the promulgation of the revised SO2
NAAQS, the state of Illinois initially recommended a designation of
unclassifiable for Williamson County. In September 2015, Illinois
updated its recommendation for Williamson County to attainment based on
air quality modeling conducted by the state and submitted to the EPA.
No ambient monitoring data were available for any part of the county.
While formulating the EPA's intended designation, we also received air
quality modeling from Sierra Club for this area that purported to
demonstrate the area was not attaining the 2010 SO2 NAAQS.
In our review of the two modeling submissions, the EPA found the
state's September 2015 modeling used an emission rate that was below
actual 2012-2014 emission rates. The Sierra Club's modeling, in
contrast, used actual 2012-2014 emission rates, consistent with the
EPA's SO2 NAAQS Designations Modeling Technical Assistance
Document (TAD). Most other aspects of the Sierra Club modeling were
similar to the modeling submitted by Illinois, though the Sierra Club
modeled SO2 air quality at receptors on the facility-owned
``Northern Property'' adjacent to the main plant (and identified
nonattainment receptors on that property) and Illinois' modeling did
not. The Sierra Club modeling used the same building dimensions as the
Illinois modeling. Neither Illinois' nor Sierra Club's modeling
suggested that the Marion Power Station (or any other sources in the
county) contributed to a violation of the NAAQS in any separate nearby
area. In February 2016, the EPA notified Illinois of our intended
designation of nonattainment for the entirety of Williamson County
based primarily on Sierra Club's modeling along with consideration of
other available evidence.3 4
---------------------------------------------------------------------------

    \3\ Letter dated February 16, 2016 from Robert A. Kaplan, Acting
Regional Administrator, EPA Region 5, to Illinois Governor Bruce
Rauner regarding the EPA's intended designations for the 2010
SO2 NAAQS, Docket Item No. EPA-HQ-OAR-2014-0464-0127.
    \4\ Illinois Technical Support Document for the EPA's Intended
Designations, Docket Item No. EPA-HQ-OAR-2014-0464-0128.
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    During the March 2016 public comment period on the intended
nonattainment designation, the EPA received three new modeling runs for
the area from a consultant to SIPC that purported to demonstrate the
area around the Marion Power Station was attaining the 2010
SO2 NAAQS.5 6 These modeling runs were all based
on actual 2013-2015 emissions. The SIPC modeling runs differed from
Illinois' modeling in some respects but were the same as the Illinois
modeling with respect to using the same building geometries and
excluding modeling receptors on the facility-owned ``Northern
Property'' adjacent to the main plant. In its comments on the intended
nonattainment designation for Williamson County, the state endorsed the
new modeling from the SIPC consultant. After analyzing issues with
SIPC's modeling, the EPA concluded that SIPC's modeling ``was
incomplete in the sense that an important receptor area [i.e., the
Northern Property] was inappropriately excluded from the analysis.''
\7\ In the final action signed on June 30, 2016, the EPA designated the
entirety of Williamson County as nonattainment, based on consideration
of all submitted modeling. Full reviews of all the modeling analyses
submitted to the EPA for the designation of Williamson County can be
found in the technical support document (TSD) for the intended Illinois
designations and the TSD for the final Illinois designations. This
designation triggered Illinois' duty to develop and submit to the EPA a
state implementation plan (SIP) under CAA sections 172, 191 and 192
demonstrating attainment of the SO2 NAAQS.
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    \5\ Docket Item No. EPA-HQ-OAR-2014-0464-0318.
    \6\ Two of SIPC's modeling runs used non-regulatory AERMOD
options that the EPA could not rely on to evaluate whether the
Williamson County, Illinois area was meeting the 2010 SO2
NAAQS. The EPA's discussion here and in the TSD for the final
designations for areas in Illinois thus focus on analyzing the one
SIPC modeling run that used AERMOD in its regulatory default mode.
    \7\ Illinois Technical Support Document for the EPA's Final
Designations, Docket Item No. EPA-HQ-OAR-2014-0464-0402.
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C. Petitions and Additional Modeling Received From SIPC Subsequent to
the Designation of Williamson County

    In September 2016, SIPC submitted a petition for reconsideration of
the EPA's nonattainment designation for Williamson
County.8 9 SIPC included several additional modeling runs as
part of the petition for reconsideration that reflected different
building dimensions at the Marion Power Station than those used in
Illinois' modeling, Sierra Club's modeling, and SIPC's previous March
2016 modeling.\10\ Overall, SIPC's

September 2016 modeling of actual emissions indicated no violations of
the NAAQS in the 3-year period of 2013-2015 and did not identify any
nonattainment receptors on the Northern Property. In January 2017,
Administrator McCarthy denied SIPC's petition for reconsideration,
explaining that the petition did not meet the criteria the EPA elected
to use to evaluate whether the action warranted reconsideration.\11\
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    \8\ Docket Item No. EPA-HQ-OAR-2014-0464-0427.
    \9\ SIPC also filed a petition for judicial review of the
designation in the Court of Appeals for the Seventh Circuit, which
was later transferred to the Court of Appeals for the D.C. Circuit.
    \10\ Accurate representation of building parameters is important
to better account for the effects on modeled concentrations of
downwash, eddies, and wakes from buildings. Generally, modeling with
building downwash effects tends to result in higher modeled ground
concentrations near the building versus modeling without downwash
effects. Therefore, an accurate representation of physical
structures, such as buildings, in the vicinity of a plume is
important to ensure reliable estimates of ambient air
concentrations.
    \11\ See the EPA's response to SIPC's September 2016 petition
for reconsideration, Docket Item Nos. EPA-HQ-OAR-2014-0464-0439 and
EPA-HQ-OAR-2014-0464-0444. This response letter with enclosures is
also available at https://www.epa.gov/sites/production/files/2017-01/documents/bonebrake_letter_and_enclosure.pdf.
---------------------------------------------------------------------------

    In June 2017, SIPC submitted a petition to the EPA seeking error
correction of the final rule designating Williamson County, Illinois as
nonattainment. In this June 2017 petition, SIPC requested that the EPA
correct what SIPC alleged to be particular errors in the EPA's final
designation action for Williamson County.
    In September 2017, EPA Administrator Pruitt responded to the letter
transmitting SIPC's petition for error correction by indicating the
EPA's intention to undertake an administrative action with notice and
comment to revisit the nonattainment designation.\12\ In its September
2016 petition for reconsideration, SIPC indicated that the revised
building dimensions were based on a survey conducted in 2016. On
November 6, 2018, SIPC submitted to the EPA supplemental information
with regard to the specifics of and the basis for the revised building
inputs used in the modeling submitted as part of its September 2016
petition for reconsideration.\13\ This proposal initiates our notice
and comment administrative action to reconsider the designation, based
upon our review of this submitted information that characterizes
SO2 air quality at the time of this area's designation.
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    \12\ Upon being informed of the EPA's intention to undertake
further administrative proceedings regarding this area's
designation, the D.C. Circuit granted the EPA's motion to place the
judicial petitions from SIPC in abeyance.
    \13\ Docket Item No. EPA-HQ-OAR-2014-0464-0458.
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III. Proposed Action

    In September 2016, SIPC submitted to the EPA additional information
and updated modeling, which included modeling receptors on the Northern
Property, pertaining to the designation of Williamson County, Illinois.
On November 6, 2018, SIPC submitted to the EPA supplemental information
to clarify the specifics of and the basis for the revised building
inputs used in the September 2016 modeling. A full review of this
supplemental information is provided in the TSD for this action, which
is available in the public docket. Based on this review, including
consideration of this clarifying information, the EPA proposes that the
September 2016 SIPC modeling is representative of the relevant calendar
years (2013-2015 actual emissions) of SO2 air quality in
Williamson County at the time of the final designation on June 30,
2016.\14\ The EPA also proposes to find that the modeling demonstrates
that in the 2013-2015 modeling period the area was not violating the 1-
hour SO2 NAAQS or was not contributing to a violation in any
nearby area at the time of the 2016 final designation.
---------------------------------------------------------------------------

    \14\ Technical Support Document for Williamson County, Illinois
Modeling Submitted September 2016, Docket No. EPA-HQ-OAR-2019-0011.
---------------------------------------------------------------------------

    This information includes the addition of receptors in the Northern
Property and refinements of the building dimensions as processed for
downwash purposes. The EPA proposes to find that this modeling, with
our evaluation of the additional information submitted by SIPC
documenting building dimensions and evidence that modeled predictions
in the Northern Property are below the 1-hr SO2 NAAQS,
provides a credible assessment of air quality throughout the area at
the time of designation. Based on this updated modeling, the EPA
proposes to conclude that the entire area had no violations of the 1-hr
SO2 NAAQS in the period 2013-2015, the three most recent
calendar years prior to our designations final action. Additionally,
SIPC does not contribute to any nearby nonattainment area. The nearest
SO2 nonattainment area is over 160 kilometers away, beyond
the distance at which Marion Power Station would likely have impact on
SO2 air quality.
    Accordingly, we are proposing to change the initial designation of
Williamson County, Illinois for the 2010 1-hour SO2 NAAQS.
Based on the information available to the EPA, we are proposing to
finalize the Williamson County, Illinois area's initial designation as
attainment/unclassifiable for that SO2 NAAQS. If the EPA
takes final action to change Williamson County, Illinois' designation,
that final action would relieve Illinois of the obligation under CAA
sections 172, 191, and 192 to submit a SIP that demonstrates attainment
of the SO2 NAAQS. The EPA invites public input on this
proposed action regarding the Williamson County, Illinois area during
the 30-day comment period provided in this notice. At this time, the
EPA is not taking action or soliciting public comment on the 2010 1-
hour SO2 NAAQS designations for geographic areas beyond
Williamson County, Illinois. This opportunity for public comment does
not affect any rights or obligations of any state, territory, or tribe,
or of the EPA, which might otherwise exist pursuant to the CAA section
107(d).

IV. Environmental Justice Considerations

    When the EPA establishes a new or revised NAAQS, the CAA requires
the EPA to designate all areas of the United States as either
nonattainment, attainment, or unclassifiable. This proposal is
reconsidering the nonattainment designation for the Williamson County,
Illinois area for the 2010 1-hour SO2 NAAQS. Area
designations address environmental justice concerns by ensuring that
the public is properly informed about the air quality in an area. In
locations where air quality does not meet the NAAQS, the CAA requires
relevant state authorities to initiate appropriate air quality
management actions to ensure that all those residing, working,
attending school, or otherwise present in those areas are protected,
regardless of minority and economic status.

V. Statutory and Executive Order Reviews

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

    This action is exempt from review by the Office of Management and
Budget because it is a designation for the Williamson County, Illinois
area for the 2010 1-hour SO2 NAAQS.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action
because actions such as air quality designations after promulgating a
new revised NAAQS are exempt under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA. In this action, the EPA is reconsidering the SO2
NAAQS designation for the Williamson County, Illinois area promulgated
previously on

July 12, 2016, and does not contain any information collection
activities.

D. Regulatory Flexibility Act (RFA)

    This action under CAA section 107(d) is not subject to the RFA. The
RFA applies only to rules subject to notice-and-comment rulemaking
requirements under the Administrative Procedure Act (APA), 5 U.S.C.
553, or any other statute. Section 107(d)(2)(B) of the CAA explicitly
provides that designations are exempt from the notice-and-comment
provisions of the APA. In addition, designations under CAA section
107(d) are not among the list of actions that are subject to the
notice-and-comment rulemaking requirements of CAA section 307(d).

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
the Unfunded Mandates Reform Act, 2 U.S.C. 1531-1538 and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local, or tribal governments or the
private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government. The
division of responsibility between the federal government and the
states for purposes of implementing the NAAQS is established under the
CAA.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Government

    This action does not have tribal implications, as specified in
Executive Order 13175. This action concerns the designation of
Williamson County, Illinois for the 2010 SO2 NAAQS. This
rule does not have a substantial direct effect on one or more Indian
tribes. This action when final would change the initial designation for
Williamson County for the 2010 1-hour SO2 NAAQS, but no
areas of Indian country are intended to be designated or to have their
designation changed by this action. There are no areas of Indian
country in or near Williamson County. Furthermore, this rule does not
affect the relationship or distribution of power and responsibilities
between the federal government and Indian tribes. The CAA and the
Tribal Authority Rule establish the relationship of the federal
government and tribes in developing plans to attain the NAAQS, and this
rule does nothing to modify that relationship. Thus, Executive Order
13175 does not apply.

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

    The EPA interprets Executive Order 13045 as applying to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.

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

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

J. National Technology Transfer and Advancement Act (NTTA)

    This rulemaking does not involve technical standards.

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

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
When the EPA establishes a new or revised NAAQS, the CAA requires the
EPA to designate all areas of the U.S. as either nonattainment,
attainment, or unclassifiable. This action is reconsidering the
nonattainment designation for the Williamson County, Illinois area for
the 2010 1-hour SO2 NAAQS. Area designations address
environmental justice concerns by ensuring that the public is properly
informed about the air quality in an area. In locations where air
quality does not meet the NAAQS, the CAA requires relevant state
authorities to initiate appropriate air quality management actions to
ensure that all those residing, working, attending school, or otherwise
present in those areas are protected, regardless of minority and
economic status. The documentation for this determination is contained
in Section IV of this preamble, ``Environmental Justice
Considerations.''

List of Subjects in 40 CFR Part 81

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

    Dated: May 28, 2019.
William L. Wehrum,
Assistant Administrator.
[FR Doc. 2019-12064 Filed 6-6-19; 8:45 am]
 BILLING CODE 6560-50-P