[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Rules and Regulations]
[Pages 9596-9598]
[FR Doc No: 2013-02927]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2012-0840, FRL-9778-5]

Approval and Promulgation of Implementation Plans; New Jersey and
New York Ozone Attainment Demonstrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the
ozone attainment demonstration portion of comprehensive State
Implementation Plan revisions submitted by New Jersey and New York to
meet Clean Air Act requirements for attaining the 1997 8-hour ozone
national ambient air quality standard. EPA is approving New Jersey's
and New York's demonstrations of attainment of the 1997 8-hour ozone
standard as they relate to their portions of three moderate
nonattainment areas; the New York-Northern New Jersey-Long Island, NY-
NJ-CT area, the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE
area, and the Poughkeepsie, NY area.

DATES: This final rule is effective on March 13, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R02-OAR-2012-0840. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Programs Branch, U.S. Environmental
Protection Agency, Region 2, 290 Broadway, New York, New York 10007-
1866.

FOR FURTHER INFORMATION CONTACT: Robert F. Kelly, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866. The telephone number is<PHONE_NUMBER>. Mr. Kelly
can also be reached via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, wherever
``Agency,'' ``we,'' ``us,'' or ``our'' is used, we mean the EPA.

What action is EPA taking?

    The Environmental Protection Agency (EPA) is approving the ozone
attainment demonstration portion of comprehensive State Implementation
Plan (SIP) revisions submitted by New Jersey and New York to meet Clean
Air Act (Act or CAA) requirements for attaining the 0.08 parts per
million (ppm) 8-hour ozone national ambient air quality standards
(NAAQS or standard). Unless otherwise specifically noted in the action,
references to the 8-hour ozone standard are to the 0.08 ppm ozone
standard promulgated in 1997. EPA is approving New Jersey's and New
York's SIP revisions which demonstrate attainment of the 1997 8-hour
ozone standard as they relate to their portions of three moderate
nonattainment areas:
     The New York-Northern New Jersey-Long Island, NY-NJ-CT
area, also called the New York City Metropolitan area,
     The Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE
area, also called the Philadelphia area, and
     The Poughkeepsie, NY area.
    The EPA is approving New Jersey's and New York's 8-hour ozone
attainment demonstration SIP revisions mainly because the EPA has
evaluated the ambient air quality monitoring data and EPA has
determined that the New York City Metropolitan, Philadelphia, and
Poughkeepsie moderate nonattainment areas have attained the ozone NAAQS
by their respective attainment deadlines. This determination is based
on complete quality assured and certified ambient air monitoring data
from 2007 to 2011 that show the areas have monitored attainment of the
1997 8-hour ozone NAAQS during this monitoring period. See 77 FR 36163,
77 FR 47533, 77 FR 17341, and 74 FR 63993.
    EPA is aware that preliminary ambient air quality monitoring data
for 2012 may indicate that the New York City Metropolitan and
Philadelphia areas are no longer attaining the 1997 8-hour ozone NAAQS,
while the Poughkeepsie area continues to attain the 8-hour ozone NAAQS.
However, 2012 monitoring data is not relevant to this rulemaking on SIP
revisions which demonstrate how the states met their plan to attain the
1997 8-hour ozone standard by the June 15, 2010 attainment date (June
15, 2011 for the Philadelphia area). Based on data through 2011, these
areas are attaining the 1997 8-hour ozone NAAQS. EPA has a continuing
obligation to review the air quality data each year to determine
whether areas are meeting the NAAQS and will continue to conduct that
review in the future after data is complete, quality assured, certified
and submitted to EPA.
    In summary, the basic photochemical grid modeling used by New
Jersey and New York in its SIP submittal meets EPA's guidelines and,
when used with the methods recommended in EPA's modeling guidance, is
acceptable to EPA. Air quality data through 2011 supports the states'
conclusions that the areas will demonstrate attainment of the 8-hour
ozone standard by the attainment date. The purpose of the attainment
demonstration is to show how the areas will meet the standard by the
attainment date. All the control measures included in the attainment
demonstration SIPs have already been adopted and implemented by the
States and submitted to and approved by the EPA. Based on (1) the
states following EPA's modeling guidance, (2) the quality assured and
certified air quality data through 2011, (3) the areas attaining the
standard by the attainment date, and (4) the implemented SIP approved
control measures, EPA is approving the New Jersey and New York
attainment demonstration SIP revisions for the New York City
Metropolitan, Philadelphia and Poughkeepsie 1997 8-hour ozone moderate
nonattainment areas.
    On December 11, 2012 (77 FR 73570), EPA published a notice of
proposed rulemaking for the New Jersey and New York attainment
demonstration SIP revisions. No public comments were received on the
December 11, 2012 proposal. The reader is referred to the December 11,
2012 proposal for additional information regarding this action.

Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
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 Order 12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 12, 2013. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

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

    Dated: January 28, 2013.
Judith A. Enck,
Regional Administrator, Region 2.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart FF--New Jersey

0
2. Section 52.1582 is amended by adding new paragraph (o) to read as
follows:

Sec.  52.1582  Control strategy and regulations: Ozone.

* * * * *
    (o)(1) The 1997 8-hour ozone attainment demonstration for the New
Jersey portion of the New York-Northern New Jersey-Long Island, NY-NJ-
CT nonattainment area included in New Jersey's October 29, 2007 State
Implementation Plan revision is approved and satisfies the requirements
of section 182(c)(2)(A) of the Clean Air Act.
    (2) The 1997 8-hour ozone attainment demonstration for the New
Jersey portion of the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-
DE nonattainment area included in New Jersey's October 29, 2007 State
Implementation Plan revision is approved and satisfies the requirements
of section 182(c)(2)(A) of the Clean Air Act.

Subpart HH--New York

0
3. Section 52.1670(e) is amended by adding new entries to the bottom of
table (e) to read as follows:

Sec.  52.1670  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved New York Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                  Applicable geographic      New York
      Action/SIP  element         or nonattainment area   submittal date   EPA Approval date      Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
1997 8-hour Ozone--Attainment    New York portion of the        2/8/2008  2/11/13 [Insert
 Demonstration.                   New York-Northern New                    page number where
                                  Jersey-Long Island, NY-                  the document
                                  NJ-CT 8-hour ozone                       begins].
                                  moderate nonattainment
                                  area.
1997 8-hour Ozone--Attainment    Poughkeepsie 8-hour            2/8/2008  2/11/13 [Insert
 Demonstration.                   ozone moderate                           page number where
                                  nonattainment area.                      the document
                                                                           begins].
----------------------------------------------------------------------------------------------------------------

0
4. Section 52.1683 is amended by adding new paragraph (m) to read as
follows:

Sec.  52.1683  Control strategy: Ozone.

* * * * *
    (m)(1) The 1997 8-hour ozone attainment demonstration for the New
York portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT
nonattainment area included in New York's February 8, 2008 State
Implementation Plan revision is approved and satisfies the requirements
of section 182(c)(2)(A) of the Clean Air Act.
    (2) The 1997 8-hour ozone attainment demonstration for the
Poughkeepsie nonattainment area included in New York's February 8, 2008
State Implementation Plan revision is approved and satisfies the
requirements of section 182(c)(2)(A) of the Clean Air Act.

[FR Doc. 2013-02927 Filed 2-8-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 159 (Friday, August 20, 2021)]
[Rules and Regulations]
[Pages 46776-46778]
[FR Doc No: 2021-17855]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31385; Amdt. No. 3970]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the commissioning of new navigational facilities,
adding new obstacles, or changing air traffic requirements. These
changes are designed to provide for the safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective August 20, 2021. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of August 20, 2021.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Information Services, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA).
    For information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29, Room 104,
Oklahoma City, OK 73169. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends 14 CFR part 97 by amending
the referenced SIAPs. The complete regulatory description of each SIAP
is listed on the appropriate FAA Form 8260, as modified by the National
Flight Data Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is
incorporated by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14
CFR 97.20. The large number of SIAPs, their complex nature, and the
need for a special format make their verbatim publication in the
Federal Register expensive and impractical. Further,

airmen do not use the regulatory text of the SIAPs, but refer to their
graphic depiction on charts printed by publishers of aeronautical
materials. Thus, the advantages of incorporation by reference are
realized and publication of the complete description of each SIAP
contained on FAA form documents is unnecessary. This amendment provides
the affected CFR sections, and specifies the SIAPs and Takeoff Minimums
and ODPs with their applicable effective dates. This amendment also
identifies the airport and its location, the procedure and the
amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and ODPs as identified in the amendatory language for part 97
of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on criteria
contained in the U.S. Standard for Terminal Instrument Procedures
(TERPS). In developing these changes to SIAPs and Takeoff Minimums and
ODPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.
    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.
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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on August 6, 2021.
Wade E.K. Terrell,
Aviation Safety, Flight Standards Service, Manager (A), Flight
Technologies and Procedures Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
CFR part 97, (is amended by amending Standard Instrument Approach
Procedures and Takeoff Minimums and ODPs, effective at 0901 UTC on the
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

Effective Upon Publication

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      Airac date           State              City                 Airport          FDC No.      FDC date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
9-Sep-21.............  OH             Ashland.............  Ashland County......       1/1139      7/26/21  RNAV (GPS) RWY 19, Orig-E.
9-Sep-21.............  MI             Flint...............  Bishop Intl.........       1/2083      7/21/21  RNAV (GPS) RWY 18, Amdt 1C.
9-Sep-21.............  UT             St George...........  St George Rgnl......       1/2139      7/23/21  LDA RWY 19, Orig-D.
9-Sep-21.............  UT             St George...........  St George Rgnl......       1/2140      7/23/21  RNAV (GPS) RWY 1, Orig-C.
9-Sep-21.............  UT             St George...........  St George Rgnl......       1/2141      7/23/21  RNAV (GPS) RWY 19, Orig-D.
9-Sep-21.............  LA             Sulphur.............  Southland Fld.......       1/2681      7/21/21  RNAV (GPS) RWY 15, Orig.
9-Sep-21.............  LA             Sulphur.............  Southland Fld.......       1/2682      7/21/21  RNAV (GPS) RWY 33, Orig.
9-Sep-21.............  LA             Sulphur.............  Southland Fld.......       1/2685      7/21/21  LOC RWY 15, Amdt 2.
9-Sep-21.............  AR             Stuttgart...........  Stuttgart Muni Carl        1/2686      7/21/21  ILS OR LOC RWY 36, Orig-C.
                                                             Humphrey Fld.
9-Sep-21.............  AR             Stuttgart...........  Stuttgart Muni Carl        1/2687      7/21/21  RNAV (GPS) RWY 9, Orig-C.
                                                             Humphrey Fld.
9-Sep-21.............  AR             Stuttgart...........  Stuttgart Muni Carl        1/2690      7/21/21  RNAV (GPS) RWY 18, Amdt 1B.
                                                             Humphrey Fld.
9-Sep-21.............  AR             Stuttgart...........  Stuttgart Muni Carl        1/2691      7/21/21  RNAV (GPS) RWY 27, Amdt 1C.
                                                             Humphrey Fld.
9-Sep-21.............  AR             Stuttgart...........  Stuttgart Muni Carl        1/2692      7/21/21  RNAV (GPS) RWY 36, Amdt 1C.
                                                             Humphrey Fld.
9-Sep-21.............  TX             Midland.............  Midland Airpark.....       1/3208      7/26/21  RNAV (GPS) RWY 25, Orig-A.
9-Sep-21.............  TX             Midland.............  Midland Airpark.....       1/3209      7/26/21  VOR-A, Amdt 2A.
9-Sep-21.............  TX             Midland.............  Midland Airpark.....       1/3210      7/26/21  VOR/DME RWY 25, Amdt 3C.
9-Sep-21.............  OK             Chickasha...........  Chickasha Muni......       1/4061      7/23/21  Takeoff Minimums and Obstacle DP, Orig.

9-Sep-21.............  NE             Mc Cook.............  Mc Cook Ben Nelson         1/4344      7/26/21  ILS OR LOC/DME RWY 12, Orig-A.
                                                             Rgnl.
9-Sep-21.............  NE             Mc Cook.............  Mc Cook Ben Nelson         1/4345      7/26/21  VOR RWY 30, Amdt 11C.
                                                             Rgnl.
9-Sep-21.............  NE             Mc Cook.............  Mc Cook Ben Nelson         1/4346      7/26/21  RNAV (GPS) RWY 22, Orig-D.
                                                             Rgnl.
9-Sep-21.............  NE             Mc Cook.............  Mc Cook Ben Nelson         1/4347      7/26/21  RNAV (GPS) RWY 30, Orig-C.
                                                             Rgnl.
9-Sep-21.............  NE             Mc Cook.............  Mc Cook Ben Nelson         1/4348      7/26/21  RNAV (GPS) RWY 12, Amdt 1A.
                                                             Rgnl.
9-Sep-21.............  NC             Rocky Mount.........  Rocky Mount-Wilson         1/4837      7/22/21  VOR/DME RWY 22, Amdt 3A.
                                                             Rgnl.
9-Sep-21.............  CA             Borrego Springs.....  Borrego Valley......       1/5276      7/28/21  RNAV (GPS) RWY 26, Orig.
9-Sep-21.............  AR             Newport.............  Newport Rgnl........       1/5283      7/26/21  RNAV (GPS) RWY 18, Orig-A.
9-Sep-21.............  AR             Newport.............  Newport Rgnl........       1/5285      7/26/21  RNAV (GPS) RWY 36, Orig-A.
9-Sep-21.............  OK             Ardmore.............  Ardmore Muni........       1/5354      7/29/21  ILS OR LOC RWY 31, Amdt 5C.
9-Sep-21.............  OK             Ardmore.............  Ardmore Muni........       1/5375      7/29/21  RNAV (GPS) RWY 31, Amdt 1D.
9-Sep-21.............  MA             Orange..............  Orange Muni.........       1/5755      7/28/21  RNAV (GPS) RWY 32, Orig-A.
9-Sep-21.............  NC             Walnut Cove.........  Meadow Brook Fld....       1/5860      7/26/21  VOR/DME OR GPS RWY 34, Orig.
9-Sep-21.............  ID             Blackfoot...........  Mccarley Fld........       1/7608      7/23/21  RNAV (GPS)-A, Orig-B.
9-Sep-21.............  ID             Blackfoot...........  Mccarley Fld........       1/7609      7/23/21  RNAV (GPS)-B, Orig-B.
9-Sep-21.............  ID             Blackfoot...........  Mccarley Fld........       1/7610      7/23/21  VOR/DME-C, Orig-B.
9-Sep-21.............  AZ             Marana..............  Marana Rgnl.........       1/7890      7/28/21  RNAV (GPS) RWY 12, Amdt 1B.
9-Sep-21.............  CA             Los Angeles.........  Los Angeles Intl....       1/9393       8/2/21  RNAV (RNP) Z RWY 25R, Orig.
9-Sep-21.............  CA             Los Angeles.........  Los Angeles Intl....       1/9394       8/2/21  RNAV (RNP) Z RWY 24L, Amdt 2A.
9-Sep-21.............  CA             Los Angeles.........  Los Angeles Intl....       1/9395       8/2/21  RNAV (RNP) Z RWY 25L, Amdt 2C.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2021-17855 Filed 8-19-21; 8:45 am]
BILLING CODE 4910-13-P


  SEQ CHAPTER \h \r 1 Reader’s Guide to Dichlorprop-p (2,4-DP-p)
Docket

EPA-HQ-OPP-2006-0944

Publication Date: October 24, 2007

	EPA has created this document to provide an organizational structure to
the Dichlorprop-p Docket.  The Agency is providing the “Reader’s
Guide” to allow the reader to more easily access and navigate the
various items contained in the Dichlorprop-p docket.

Docket Items 1 to 8.	Preliminary Documents Presented During the Public
Comment Period.

These docket items include the preliminary risk assessments, its
supporting documents, and comments received during the 60-day public
comment period, which ended on June 26, 2007.

Docket Item 9. 	Federal Register Notice: Dichlorprop-p Reregistration
Eligibility Decision

This document formally and publicly announces the availability of the
dichlorprop-p Reregistration Eligibility Decision (2,4-DP-p RED) on the
internet or at the EPA’s Office of Pesticides Program Docket Center.

Docket Item 10. 	Reader’s Guide to the Dichlorprop-p Docket
#EPA-HQ-OPP-2006-0944

This document is designed to annotate the documents in support of the
2,4-DP-p RED in the docket.

Docket Item 11.	Reregistration Eligibility Decision for Dichlorprop-p
(2,4-DP-p), August 2007.  Publication #EPA 738-R-04-008.

The 2,4-DP-p RED includes summaries of the human health and ecological
risk assessments, identifies any potential risks of concern, and the
respective mitigation measures to address these risk concerns.

Docket Item 12.	2-(2,4-dichlorophenoxy) R-propionic acid (2,4-DP-p), its
salts and esters.  HED Response to Public Comments for the Human Health
Risk Assessment.  DP: D342018.  August 2, 2007.  (D. Smegal et al, HED)

This document is the Agency’s response to comments received on the
human health assessment received during the public comment period.

Docket Item 13.	2-(2,4-dichlorophenoxy) R-propionic acid (2,4-DP-p), its
salts and esters. HED Human Health Risk Assessment.  DP: D342620.
August 13, 2007.  (D. Smegal et al, HED)

This document addresses human health exposures and potential risks
resulting from the use of dichlorprop-p, and includes any appropriate
revisions based on comments received during the public comment period.

Docket Item 14.	  SEQ CHAPTER \h \r 1 2,4-DP-p: Occupational and
Residential Exposure Assessment for the 				Reregistration Eligibility
Decision.  DP: D322695.  April 3, 2007.					(M. Lloyd, HED)

This document is the Agency’s occupational and residential exposure
assessment as presented during the public comment period.

Docket Item 15.	2,4-DP-p: Refined Occupational and Residential Exposure
Assessment of Granular Products for the Reregistration Eligibility
Decision.  DP: D342354.  August 7, 2007.  (M. Lloyd, HED)

This document addresses refinements made in the residential exposure
assessment for incidental oral ingestion of 2,4-DP-p granules by
toddlers potentially exposed to treated lawns.

Docket Item 16.	Response to Comments and Re-registration Eligibility
Document Environmental Fate and Ecological Risk Assessment for 2,4-DP
acid, 2,4-DP-p DMAS, and 2,4-DP-p EHE.  DP: D341297.  August 23, 2007.
(M. Janson et al, EFED)

This document describes the Agency’s response to comments on the
ecological assessment received during the public comment period, any
potential ecological risks resulting from the use of dichlorprop-p, and
includes the appropriate revisions based on comments received.

Docket Item 17.	FQPA Drinking Water Assessment for Dichloroprop
(2,4-DP-p)

			DP: D322697.  April 12, 2007 (J. Hetrick, EFED)

This document is the Agency’s 2,4-DP-p drinking water assessment and
includes appropriate  revisions based on received comments during the
public comment period.

Docket Item 18.	A Preliminary Evaluation of Mecoprop (MCPP-p) and
Dichlorprop (2,4-DP-p) Use and Potential Alternatives.
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[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55379-55383]
[FR Doc No: 2023-16640]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2021-0525; FRL-10583-02-R6]

Air Plan Approval; Texas; Oil and Natural Gas Reasonably
Available Control Technology in the Dallas-Fort Worth and Houston-
Galveston-Brazoria Ozone Nonattainment Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving the July 20, 2021,
revisions to the Texas State Implementation Plan (SIP) concerning
Reasonably Available Control Technology (RACT) requirements for sources
covered by the 2016 Oil and Natural Gas Control Techniques Guidelines
(CTG or CTGs) for the Dallas-Fort Worth (DFW) and the Houston-
Galveston-Brazoria (HGB) nonattainment areas (NAAs) for the 2008 8-hour
ozone National Air Quality Ambient Air Quality Standards (NAAQS).

DATES: This rule is effective on September 14, 2023.

ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R06-OAR-2021-0525. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet. Publicly available docket materials are
available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Anupa Ahuja, EPA Region 6 Office,
Infrastructure and Ozone Section,<PHONE_NUMBER>, [email protected].
Please email the contact listed above if you need alternative access to
material indexed but not provided in the docket.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    The background for this action is discussed in detail in our
February 17, 2023 proposal (88 FR 10253). In that document, we proposed
to approve Texas' July 20, 2021 SIP submittal, which includes revisions
to the Texas SIP concerning the DFW and HGB 2008 8-hour ozone NAAQS
NAAs, as meeting the RACT requirements for sources covered by the Oil
and Gas CTG.\1\ The DFW area consists of Collin, Dallas, Denton, Ellis,
Johnson, Kaufman, Parker, Rockwall, Tarrant, and Wise Counties. The HGB
area consists of Brazoria, Chambers, Fort Bend, Galveston, Harris,
Liberty, Montgomery, and Waller Counties. These areas were both
reclassified as Serious nonattainment for the 2008 ozone NAAQS on
August 23, 2019. The revisions are to Title 30 of the Texas
Administrative Code (TAC) Chapter 115. The revisions create new RACT
rules for oil and gas production and

natural gas processing in the DFW and HGB NAAs in Subchapter B in a new
Division 7. EPA is also approving additional revisions to 30 TAC
Chapter 115 which are non-substantive changes to Subchapters B,
Divisions 1 and 2 and Subchapter D, Division 3 to reflect the change in
the Chapter 115 rule applicability for the types of equipment currently
required to comply with existing rule requirements but that would be
subject to the Subchapter B, new Division 7 rule requirements upon the
compliance date. The proposed approval was based on our review of 30
TAC Chapter 115 Subchapter B, Divison 7 rules for consistency with
EPA's definition of RACT. The details of EPA's review can be found in
the technical support document (TSD) associated with the proposal.\2\
We also proposed approving the new codification of changes to
consolidate the rule requirements into a new section based on our
determination that these changes were non-substantive and do not alter
any existing rule requirement.
---------------------------------------------------------------------------

    \1\ https://www3.epa.gov/airquality/ctg_act/2016-ctg-oil-and-gas.pdf.
    \2\ https://www.regulations.gov/document/EPA-R06-OAR-2021-0525-0002.
---------------------------------------------------------------------------

    We received comments on our proposal from several commenters. Our
response to comments follows.

II. Response to Comments

    Comment: One commenter stated that the oil and natural gas
industries should be made to drastically reduce volatile organic
compound (VOC) emissions for the safety of human health and the
environment, especially in nonattainment areas. They encouraged the EPA
to continue to push for the elimination of VOCs and suggested the
implementation of taxes or penalties, and replacing natural gas and oil
with eco-friendly technologies.
    Response: We generally agree that the effects of excessive VOC
emissions on human health and the environment are negative. The EPA
uses both ``traditional'' regulatory approaches and economic incentive
approaches in implementing its mandates under the CAA. The 2016 oil and
natural gas CTG at issue in this action is one of the tools under the
CAA to reduce VOC emissions from certain sources. The approval of the
revisions to 30 Texas Administrative Code (TAC) Chapter 115 in this
action will reduce VOC emissions from oil and gas sources in the DFW
and the HGB 2008 ozone nonattainment areas. This will in turn help to
reduce the adverse impacts of these pollutants on public health and
welfare. With respect to implementing penalty fees, the state of Texas
and EPA both have the authority to bring enforcement actions against
sources for violations of federally approved SIPs, including 30 TAC
Chapter 115 rules. However, the other issues raised by the commenter
(elimination of VOCs, taxing, and eco-friendly technologies to replace
natural gas and oil) are outside the scope of this action. This action
is limited to the approval of the revisions to the 30 TAC Chapter 115,
Subchapter B, Divisions 1, 2, 3, and 7 to address a VOC RACT
requirement related to emissions from oil and gas sources in the DFW
and HGB nonattainment areas.
    Comment: Two commenters stated that further regulatory standards
should be implemented to control sources of VOCs and nitrogen oxides
(NOX), precursors of ground level ozone. They further stated
that revised and updated SIPs should be approved to reduce emissions
and to further the ability to enforce compliance with emissions limits.
One commenter agrees that this action will not only improve the
monitoring of these harmful pollutants but will also strengthen the
regulatory enforcement and compliance of emissions limits as well as
ensure efficiency of industry equipment.
    Response: These comments appear to support approval of the
revisions to 30 TAC Chapter 115 that will reduce emissions of VOCs from
oil and natural gas sources in the DFW and HGB nonattainment areas. As
stated in our proposal, ground-level ozone, or smog, is formed when
VOCs and NOX emissions interact in the presence of sunlight.
Automobiles, power plants, and refineries are some of the major sources
of these ozone precursors.
    Ozone is one of the six criteria pollutants identified in the CAA.
Accordingly, the CAA requires the EPA to periodically review and update
the NAAQS to ensure that it provides adequate health and environmental
protection. When the EPA establishes or revises a NAAQS, it is required
to designate areas of the country as meeting or not meeting the
standard. For areas that do not meet the standard, the Act provides
emissions control requirements based on the extent of the ozone problem
in the area. Section 182 of the CAA provides the specific attainment
planning and additional requirements that apply to each ozone
nonattainment area based on its classification. RACT for CTG-covered
sources is one of the tools required by the CAA to reduce the emission
of ozone precursors thereby reducing the formation of ground-level
ozone.
    Under the CAA, states have the primary responsibility to ensure the
air quality within their geographic area is in compliance with the
NAAQS. Each state must therefore develop and adopt their SIP as state
law. The SIP is then submitted to the EPA for review. If the EPA
approves the SIP, those control measures become federally enforceable.
Therefore, the state of Texas and the EPA both have authority to bring
enforcement actions for violations of the federally approved 30 TAC
Chapter 115 rules.
    Comment: One commenter stated that SIPs should gain the power to
penalize states that do not follow this act and that EPA should make
more regulations to keep the planet clean and healthy.
    Response: We understand the commenter's concern to be that SIPs
should be enforceable, and that EPA should penalize states for not
following the Clean Air Act. First, the state of Texas and the EPA both
have authority to bring enforcement actions against sources for
violations of federally approved SIPs. Members of the public can also
file citizen suits under the CAA to address violations of SIPs. Second,
the CAA includes certain negative consequences should a state fail to
submit all or a portion of a SIP as required by the CAA, or where the
EPA disapproves a SIP as not meeting the CAA requirements. In those
situations, the EPA is required to develop a federal implementation
plan (FIP) for the state unless the state addresses the deficiency
appropriately. See CAA Section 110(c). Sanctions may also be imposed on
the state in those situations. See CAA Section 179. For more details on
Air Quality Implementation Plans please visit https://www.epa.gov/air-quality-implementation-plans.

III. Final Action

    We are approving the revisions to the 30 TAC Chapter 115,
Subchapter B, Divisions 1, 2, 3, and 7 as meeting RACT to address VOC
emissions from oil and gas sources in the DFW and HGB nonattainment
areas submitted to the EPA on July 20, 2021, for inclusion into the
Texas SIP. This action is being taken under Section 110 of the Act.
    In this action, the EPA is approving the following revisions to the
Texas SIP adopted on June 20, 2021, and submitted to the EPA on
December 17, 2021:
     Revisions to 30 TAC Chapter 115, Sections 115.111,
115.112, 115.119, and 115.121,
     Adoption of Division 7: Oil and Natural Gas in Ozone
Nonattainment
     Areas and 30 TAC Sections 115.170 through 115.181 and
115.183, and
    Revisions to 30 TAC Section 115.357.

IV. Environmental Justice Considerations

    EPA reviewed demographic data, which provides an assessment of
individual demographic groups of the populations living within the DFW
and HGB 2008 ozone NAAs. EPA then compared the data to the national
average, for each of the demographic groups. The results of this
analysis are included in the docket for this action and are provided
for informational and transparency purposes. The results of the
demographic analysis indicate that communities in close proximity to
industrial sources may be subject to disproportionate environmental
impacts of air pollution.
    This final action approves revisions to the Texas SIP to reduce VOC
emissions from oil and natural gas sources in the DFW and HGB 2008
ozone NAAs. We expect that this action and resulting emissions
reductions will generally be neutral or contribute to reduced
environmental and health impacts on all populations in the DFW and HGB
2008 ozone NAAs, including people of color and low-income populations.
At a minimum, this action would not worsen any existing air quality and
is expected to ensure the area is meeting requirements to attain and/or
maintain air quality standards. Further, there is no information in the
record indicating that this action is expected to have
disproportionately high or adverse human health or environmental
effects on a particular group of people.

V. Incorporation by Reference

    In this action, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the incorporation by reference of
Texas' revisions to 30 TAC Chapter 115, Subchapter B, Divisions 1, 2,
3, and 7 as meeting RACT to address VOC emissions from oil and gas
sources in the DFW and HGB nonattainment areas as described in the
Final Action section above. The EPA has made, and will continue to
make, these documents generally available electronically through
www.regulations.gov (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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 14094 (88 FR 21879, April 11,
2023);
     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, 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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
     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 Clean Air Act.
    Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
    The air agency did not evaluate environmental justice
considerations as part of its SIP submittal even though the CAA and
applicable implementing regulations neither prohibit nor require an
evaluation. EPA performed an environmental justice analysis, as is
described above in the section titled, ``Environmental Justice
Considerations.'' The analysis was done for the purpose of providing
additional context and information about this rulemaking to the public,
not as a basis of the action. Due to the nature of the action being
taken here, this action is expected to have a neutral to positive
impact on the air quality of the affected area. In addition, there is
no information in the record upon which this decision is based that is
inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
    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).
    This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 16, 2023. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness

of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: July 31, 2023.
Earthea Nance,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart SS--Texas

0
2. In Sec.  52.2270 (c), the table titled ``EPA Approved Regulations in
the Texas SIP'', under the heading ``Chapter 115 (Reg 5)--Control of
Air Pollution from Volatile Organic Compounds'', is amended by:
    (a) Under the subheading ``Subchapter B: General Volatile Organic
Compound Sources'',
    (i) Revising the entries for sections 115.111, 115.112, 115.119,
and 115.121; and
    (ii) Adding ``Division 7: Oil and Natural Gas in Ozone
Nonattainment Areas'' consisting of sections 115.170 through 115.181
and 115.183, immediately following the entry for section 115.169; and
    (b) Under the subheadings ``Subchapter D--Petroleum Refining,
Natural Gas Processing, and Petrochemical Processes'' and ``Division 3:
Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline
Processing, and Petrochemical Processes in Ozone Nonattainment Areas'',
revising the entry for section 115.357.
    The revisions and addition read as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                           State
                                                         approval/
          State citation              Title/subject      submittal    EPA approval date         Explanation
                                                            date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                  Chapter 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Subchapter B: General Volatile Organic Compound Sources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 115.111..................  Exemptions.........    7/20/2021  8/15/2023, [Insert   ......................
                                                                      Federal Register
                                                                      citation].
Section 115.112..................  Control                7/20/2021  8/15/2023, [Insert   ......................
                                    Requirements.                     Federal Register
                                                                      citation].

                                                  * * * * * * *
Section 115.119..................  Compliance             7/20/2021  ...................  ......................
                                    Schedules.

                                                  * * * * * * *
Section 115.121..................  Emissions              7/20/2021  8/15/2023, [Insert   ......................
                                    Specifications.                   Federal Register
                                                                      citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                          Division 7: Oil and Natural Gas in Ozone Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Section 115.170..................  Applicability......    7/20/2021  8/15/2023, [Insert   ......................
                                                                      Federal Register
                                                                      citation].
Section 115.171..................  Definitions........    7/20/2021  8/15/2023, [Insert   ......................
                                                                      Federal Register
                                                                      citation].
Section 115.172..................  Exemptions.........    7/20/2021  8/15/2023, [Insert   ......................
                                                                      Federal Register
                                                                      citation].
Section 115.173..................  Compressor Control     7/20/2021  8/15/2023, [Insert   ......................
                                    Requirements.                     Federal Register
                                                                      citation].
Section 115.174..................  Pneumatic              7/20/2021  8/15/2023, [Insert   ......................
                                    Controller and                    Federal Register
                                    Pump Control                      citation].
                                    Requirements.
Section 115.175..................  Storage Tank           7/20/2021  8/15/2023, [Insert   ......................
                                    Control                           Federal Register
                                    Requirements.                     citation].
Section 115.176..................  Alternative Control    7/20/2021  8/15/2023, [Insert   ......................
                                    Requirements.                     Federal Register
                                                                      citation].
Section 115.177..................  Fugitive Emission      7/20/2021  8/15/2023, [Insert   ......................
                                    Component                         Federal Register
                                    Monitoring                        citation].
                                    Requirements.

Section 115.178..................  Monitoring and         7/20/2021  8/15/2023, [Insert   ......................
                                    Inspection                        Federal Register
                                    Requirements.                     citation].
Section 115.179..................  Approved Test          7/20/2021  8/15/2023, [Insert   ......................
                                    Methods and                       Federal Register
                                    Testing                           citation].
                                    Requirements.
Section 115.180..................  Recordkeeping          7/20/2021  8/15/2023, [Insert   ......................
                                    Requirements.                     Federal Register
                                                                      citation].
Section 115.181..................  Reporting              7/20/2021  8/15/2023, [Insert   ......................
                                    Requirements.                     Federal Register
                                                                      citation].
Section 115.183..................  Compliance             7/20/2021  8/15/2023, [Insert   ......................
                                    Schedules.                        Federal Register
                                                                      citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
              Subchapter D--Petroleum Refining, Natural Gas Processing, and Petrochemical Processes
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 Division 3: Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline Processing, and Petrochemical
                                     Processes in Ozone Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Section 115.357..................  Exemptions.........    7/20/2021  8/15/2023, [Insert   ......................
                                                                      Federal Register
                                                                      citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2023-16640 Filed 8-14-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 16, 2009 (Volume 74, Number 11)]
[Rules and Regulations]
[Page 2865-2866]
[DOCID:fr16ja09-21]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 125

[USCG-2006-24189]

Maritime Identification Credentials

AGENCY: Coast Guard, DHS.

ACTION: Notice of acceptable identification credentials; phased
cancellation.

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SUMMARY: This document informs the public that, after their Captain of
the Port (COTP) has implemented access control procedures using the
Transportation Worker Identification Credential (TWIC), the COTP no
longer needs to enforce the previously published notice requiring name-
based vetting of certain port workers.

DATES: This announcement is effective January 16, 2009.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2006-24189 and are available for
inspection or copying at the Docket Management Facility, U.S.
Department of Transportation, West Building, Ground Floor, Room W12-
140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001 between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. They
may also be viewed online at www.regulations.gov at any time.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call James Bull, Coast Guard, telephone<PHONE_NUMBER>. If you
have questions on viewing material in the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    Under the authority of 50 U.S.C. 191 and Coast Guard regulations
(33 CFR part 125), the Coast Guard has the authority to require
identification credentials for access to waterfront facilities and to
port and harbor areas, including vessels and harbor craft in those
areas. The Commandant of the Coast Guard, pursuant to 33 CFR 125.15(a),
is authorized to direct, from time to time, the Captains of the Port
``to prevent access of persons who do not possess one or more of the
identification credentials listed in Sec.  125.09 to those waterfront
facilities, and port and harbor areas, including vessels and harbor
craft therein, where the following shipping activities are conducted: *
* * [t]hose essential to the interests of national security and
defense, to prevent loss, damage or injury, or to insure the observance
of rights and obligations of the United States.''
    On April 28, 2006, the Coast Guard published a ``Notice of
acceptable identification credentials'' in the Federal Register at 71
FR 25066 (``April 28, 2006 Notice''), which directed the COTPs to deny
access to waterfront facilities regulated under 33 CFR part 105 to
persons that did not have appropriate identification credentials, as
defined by 33 CFR 125.09. This action was deemed necessary in the
interests of national security and to protect these facilities from
loss, damage, or injury. The appropriate credentials included a
Merchant Mariner Document, an Armed Forces Identification Card, Federal
law enforcement credentials, identification credentials issued to
public safety officers, and other credentials defined in the April 28,
2006 Notice in accordance with 33 CFR 125.09(g).
    The April 28, 2006 Notice set out a procedure by which the
Transportation Security Administration (TSA) analyzed relevant
information, submitted by the facility owner or operator either
directly to TSA or via the Coast Guard, before determining whether or
not an employee or longshoreman posed or was suspected of posing a
security threat warranting denial of access to the port facility. This
information included the employee's or longshoreman's legal name, date
of birth, social security number (optional), and alien identification
number (if applicable). TSA notified the facility and the COTP of
persons that posed or were suspected of posing a security threat, and
those persons were denied access to facilities regulated under 33 CFR
part 105, as not having approved identification credentials under 33
CFR 125.09(f).

Facility Access Under TWIC

    The April 28, 2006 Notice stated that ``when regulations
implementing the Transportation Worker Identification Credential (TWIC)
are issued, the Coast Guard will reevaluate this action.'' (71 FR
25066). The Final Rule implementing TWIC was published in the Federal
Register on January 25, 2007 (72 FR 3492). TWIC enrollment began in
October of 2007 (72 FR 57342); there are now 149 enrollment centers
open. On May 7, 2008, the Coast Guard and TSA issued a final rule
extending the TWIC compliance date. (73 FR 25562). All persons required
to obtain a TWIC, and all vessels and facilities required to use a TWIC
as an access control measure, must comply by April 15, 2009, unless the
Coast Guard issues an earlier compliance date.
    On May 7, 2008, the Coast Guard began announcing earlier rolling
compliance dates for facilities, as provided in 33 CFR 105.115(e). (73
FR 25757). Those compliance dates, in order of occurrence and by COTP
Zone, are listed in Table 1, below.

Cancellation of Procedure Established by April 28, 2006 Notice

    The procedure established in the April 28, 2006 Notice was intended
to be an interim measure that would be reevaluated once the TWIC
program was operational. As part of this procedure, TSA conducted a
name-based security threat assessment on more than 800,000 workers.
This number far exceeds the population estimates we had when the April
28, 2006 Notice was published, and has enhanced security in the
nation's maritime sector. However, the security threat assessment TSA
is now able to conduct through the TWIC program is more robust. Also,
the TWIC enrollment process, which includes comprehensive
identification verification standards and more detailed information
provided by the worker, produces more complete information on which to
base a security threat assessment. Thus, the results of the TWIC threat
assessments are more accurate than the name-based check run under the
April 28, 2006 Notice.
    As a result of the above, the Coast Guard has determined that, once
TWIC has been implemented in a COTP Zone (according to the date
announced in the Federal Register and reflected in Table 1), the
personal identification requirements implemented by the April 28, 2006
Notice are no longer necessary.

  Table 1--Dates of TWIC Compliance and Cancellation of TSA Name-Based
                                 Vetting
------------------------------------------------------------------------
                                          Then your TWIC Compliance date
                                         (and the date when you may stop
     If you are in COTP zone . . .         using the procedure from the
                                         April 28, 2006 Notice) is . . .
------------------------------------------------------------------------
Boston, Northern New England,            October 15, 2008 (Notice
 Southeastern New England.                published at 73 FR 25757).
Cape Fear River, Corpus Christi, North   November 28, 2008 (Notice
 Carolina.                                published at 73 FR 40739).

Buffalo, Detroit, Duluth, Lake           December 1, 2008 (The original
 Michigan, Sault St. Marie.               Notice, published at 73 FR
                                          39323, set a compliance date
                                          of October 31, 2008. A new
                                          Notice, published at 73 FR
                                          64208, delayed compliance
                                          until December 1, 2008).
Charleston, Long Island Sound,           December 1, 2008 (Notice
 Jacksonville, Savannah.                  published at 73 FR 44653).
Baltimore, Delaware Bay, Mobile, Lower   December 30, 2008 (Notice
 Mississippi River, Ohio Valley,          published at 73 FR 50721).
 Pittsburgh, San Diego.
Hampton Roads, Morgan City, New          January 13, 2009 (Notice
 Orleans, Upper Mississippi River,        published at 73 FR 52924).
 Miami, Key West, St. Petersburg.
Honolulu, Prince William Sound,          February 12, 2009 (Notice
 Southeast Alaska, Western Alaska.        published at 73 FR 56730).
Portland, Puget Sound, San Francisco     February 28, 2009 (Notice
 Bay.                                     published at 73 FR 60951).
New York...............................  March 23, 2009 (Notice
                                          published at 73 FR 60951).
Guam, Houston-Galveston , Los Angeles-   April 14, 2009 (Notice
 Long Beach, San Juan.                    published at 73 FR 63377).
Port Arthur............................  April 14, 2009 (The original
                                          Notice, published at 73 FR
                                          40739, set a compliance date
                                          of October 31, 2008. A new
                                          Notice, published at 73 FR
                                          64208, delayed compliance
                                          until April 14, 2009).
------------------------------------------------------------------------

    As of the above-listed effective date of TWIC compliance in each
COTP zone, the Coast Guard is rescinding its previous direction to
COTPs to prevent access to all facilities regulated under 33 CFR part
125 to persons who do not have an identification credential listed in
33 CFR 125.09, as amended by the April 28, 2006 Notice. Once they have
implemented access control procedures utilizing TWIC, owners and
operators of these facilities, and unions, may cease the transmission
of information on employees and longshoremen (respectively) to TSA.
Unless further notice appears in the Federal Register, by April 14,
2009, all transmissions of information under the April 28, 2006 Notice
should cease.

    Dated: January 12, 2009.
James A. Watson,
Rear Admiral, U.S. Coast Guard, Director of Prevention Policy.
 [FR Doc. E9-847 Filed 1-15-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 82, Number 152 (Wednesday, August 9, 2017)]
[Notices]
[Page 37200]
[FR Doc No: 2017-16762]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Effectiveness of Exempt Wholesale Generator Status

------------------------------------------------------------------------
                                                   Docket Nos.
------------------------------------------------------------------------
CPV Fairview, LLC......................  EG17-103-000
Sunray Energy 2 LLC....................  EG17-104-000
Sunray Energy 3 LLC....................  EG17-105-000
Rock Creek Wind Project, LLC...........  EG17-106-000
Clenera, LLC...........................  EG17-107-000
Carroll County Energy LLC..............  EG17-108-000
Rock Falls Wind Farm LLC...............  EG17-109-000
Hog Creek Wind Project, LLC............  EG17-110-000
Mineral Point Energy LLC...............  EG17-111-000
Wrighter Energy LLC....................  EG17-112-000
Algonquin Power Sanger LLC.............  EG17-113-000
Hattieburg Farm, LLC...................  EG17-114-000
Vale S.A...............................  FC17-1-000
------------------------------------------------------------------------

    Take notice that during the month of July 2017, the status of the
above-captioned entities as Exempt Wholesale Generators or Foreign
Utility Companies became effective by operation of the Commission's
regulations. 18 CFR 366.7(a) (2016)

    Dated: August 3, 2017.
 Nathaniel J. Davis, Sr.,
 Deputy Secretary.
[FR Doc. 2017-16762 Filed 8-8-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 168 (Wednesday, August 31, 2022)]
[Notices]
[Pages 53538-53539]
[FR Doc No: 2022-18805]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2022-1187]

Agency Information Collection Activities: Request for Comments,
Clearance of Renewed Approval of Information Collection: General
Operating and Flight Rules FAR 91 and FAR 107

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
FAA invites public comments about its intention to request the Office
of Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on February 14, 2022. The collection involves the submission
of materials to obtain a letter of deviation authority (LODA) to permit
flight instruction for compensation or hire aboard aircraft holding
experimental certificates. The information to be collected will be used
to determine whether such flight instruction can be conducted safely.

DATES: Written comments should be submitted by September 30, 2022.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Jabari Raphael by email,
[email protected], or by phone,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for the FAA's performance; (b)
the accuracy of the estimated burden; (c) ways for the FAA to enhance
the quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information.
    OMB Control Number: 2120-0005.
    Title: General Operating and Flight Rules FAR 91 and FAR 107.
    Form Numbers: N/A.
    Type of Review: Renewal.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on February 14, 2022. 87 FR 8335 (Feb. 14, 2022). In
2004, the FAA published a final rule requiring operators of
experimental aircraft to apply for a LODA to conduct operations for
compensation or hire under 14 CFR 91.319. See 69 FR 44771 (July 27,
2004). When publishing the 2004 final rule, the FAA inadvertently
omitted its submission to the OMB detailing the information collection
burden under the Paperwork Reduction Act (PRA). See 69 FR at 44858
(explaining estimated PRA burden and OMB compliance requirements). As a
result of this omission, the existing OMB collection does not account
for the PRA burden of LODAs issued to operators under Sec.  91.319.
    In the 2004 final rule, the FAA also implied that, beginning
January 31, 2010, all experimental light sport aircraft (ELSA)
operators would similarly need to apply for a LODA to conduct
operations for compensation or hire. 69 FR at 44853 (explaining LODA
requirements for ELSA operators). This additional LODA implication--
published in the 2004 final rule with an effective date in 2010--was
also inadvertently not accounted for in the OMB's information
collection. As a

result of these inadvertent omissions to OMB, the FAA submits this
Notice to ensure compliance with the PRA. Importantly, the FAA has
already requested and received public comment on the anticipated PRA
burden for obtaining a LODA for experimental aircraft operators. See 69
FR at 44858 (adjudicating public comments regarding PRA burden). Thus,
the FAA notes that it considered comments from interested members of
the public when finalizing the LODA requirements under Sec.  91.319. In
other words, the FAA submits this Notice to ensure technical compliance
with the OMB's PRA requirements, as a matter of diligence in meeting
these requirements and ensuring accuracy in recordkeeping procedures.
    Respondents: There are approximately 177 active LODA holders for
operations under 14 CFR 91.319, and the FAA anticipates approximately
20 new submissions per year.
    Frequency: As needed.
    Estimated Average Burden per Response: 19 hours.
    Estimated Total Annual Burden: 380 hours per year.

    Issued in Washington, DC, on August 26, 2022.
Dwayne C. Morris,
Project Manager, Flight Standards Service, General Aviation and
Commercial Division.
[FR Doc. 2022-18805 Filed 8-30-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 26, 2006 (Volume 71, Number 186)]
[Notices]
[Page 56139]
[DOCID:fr26se06-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-453-001]

Enbridge Offshore Pipelines (UTOS) LLC; Notice of Compliance
Filing

September 19, 2006.
    Take notice that on September 14, 2006, Enbridge Offshore Pipelines
(UTOS) LLC (UTOS) tendered for filing as part of its FERC Gas Tariff,
Fifth Revised Volume No. 1, the following tariff sheets, to be deemed
effective August 31, 2006:

Substitute First Revised Sheet No. 329
Substitute First Revised Sheet No. 330

    UTOS states that the above-referenced tariff sheets are being filed
in order to comply with the conditions contained in the Commission's
Letter Order, issued August 30, 2006 in this proceeding, 116 FERC ]
61,194 (2006).
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed in accordance with the provisions of section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests 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 to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-15676 Filed 9-25-06; 8:45 am]

BILLING CODE 6717-01-P