[Federal Register Volume 84, Number 57 (Monday, March 25, 2019)]
[Rules and Regulations]
[Pages 10992-10993]
[FR Doc No: 2019-05626]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100, 117, 147, and 165

[USCG-2019-0037]

2018 Quarterly Listings; Safety Zones, Security Zones, Special
Local Regulations, Drawbridge Operation Regulations and Regulated
Navigation Areas

AGENCY: Coast Guard, DHS.

ACTION: Notification of expired temporary rules issued.

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SUMMARY: This document provides notification of substantive rules
issued by the Coast Guard that were made temporarily effective but
expired before they could be published in the Federal Register. This
document lists temporary safety zones, security zones, special local
regulations, drawbridge operation regulations and regulated navigation
areas, all of limited duration and for which timely publication in the
Federal Register was not possible.

DATES: This document lists temporary Coast Guard rules that became
effective, primarily between September 2018 and December 2018, unless
otherwise indicated, and were terminated before they could be published
in the Federal Register.

ADDRESSES: Temporary rules listed in this document may be viewed
online, under their respective docket numbers, using the Federal
eRulemaking Portal at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For questions on this document contact
Deborah Thomas, Office of Regulations and Administrative Law, telephone
(202) 372-3864.

SUPPLEMENTARY INFORMATION: Coast Guard District Commanders and Captains
of the Port (COTP) must be immediately responsive to the safety and
security needs within their jurisdiction; therefore, District
Commanders and COTPs have been delegated the authority to issue certain
local regulations. Safety zones may be established for safety or
environmental purposes. A safety zone may be stationary and described
by fixed limits or it may be described as a zone around a vessel in
motion. Security zones limit access to prevent injury or damage to
vessels, ports, or waterfront facilities. Special local regulations are
issued to enhance the safety of participants and spectators at regattas
and other marine events. Drawbridge operation regulations authorize
changes to drawbridge schedules to accommodate bridge repairs, seasonal
vessel traffic, and local public events. Regulated Navigation Areas are
water areas within a defined boundary for which regulations for vessels
navigating within the area have been established by the regional Coast
Guard District Commander.
    Timely publication of these rules in the Federal Register may be
precluded when a rule responds to an emergency, or when an event occurs
without sufficient advance notice. The affected public is, however,
often informed of these rules through Local Notices to Mariners, press
releases, and other means. Moreover, actual notification is provided by
Coast Guard patrol vessels enforcing the restrictions imposed by the
rule. Because Federal Register publication was not possible before the
end of the effective period, mariners were personally notified of the
contents of these safety zones, security zones, special local
regulations, regulated navigation areas or drawbridge operation
regulations by Coast Guard officials on-scene prior to any enforcement
action. However, the Coast Guard, by law, must publish in the Federal
Register notice of substantive rules adopted. To meet this obligation
without imposing undue expense on the public, the Coast Guard
periodically publishes a list of these temporary safety zones, security
zones, special local regulations, regulated navigation areas and
drawbridge operation regulations. Permanent rules are not included in
this list because they are published in their entirety in the Federal
Register. Temporary rules are also published in their entirety if
sufficient time is available to do so before they are placed in effect
or terminated.
    The following unpublished rules were placed in effect temporarily
during the period between September 2018 and December 2018 unless
otherwise indicated. To view copies of these rules, visit
www.regulations.gov and search by the docket number indicated in the
following table.

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                Docket No.                            Type                      Location          Effective date
----------------------------------------------------------------------------------------------------------------
USCG-2018-0926...........................  Security Zones (Part 165).  Wheeling, WV.............       9/29/2018
USCG-2018-0804...........................  Safety Zones (Parts 147     Bayville, NY.............       9/29/2018
                                            and 165).
USCG-2018-0954...........................  Safety Zones (Parts 147     Key West, FL.............       10/2/2018
                                            and 165).
USCG-2018-0911...........................  Safety Zones (Parts 147     Sister Bay, WI...........       10/5/2018
                                            and 165).
USCG-2018-0904...........................  Safety Zones (Parts 147     Osage Beach, MO..........       10/5/2018
                                            and 165).
USCG-2018-0797...........................  Safety Zones (Parts 147     San Francisco, CA........       10/6/2018
                                            and 165).
USCG-2018-0809...........................  Special Local Regulations   Pittsburgh, PA...........       10/6/2018
                                            (Part 100).
USCG-2018-0927...........................  Safety Zones (Parts 147     Wilmington DE............       10/7/2018
                                            and 165).
USGC-2018-0896...........................  Safety Zones (Parts 147     Capitola, CA.............       10/7/2018
                                            and 165).
USCG-2018-0943...........................  Safety Zones (Parts 147     San Francisco, CA........      10/13/2018
                                            and 165).
USCG-2018-0887...........................  Safety Zones (Parts 147     Moundsville, WV..........      10/14/2018
                                            and 165).
USCG-2018-0969...........................  Security Zones (Part 165).  Beaufort, SC.............      10/19/2018
USCG-2018-0938...........................  Security Zones (Part 165).  New York Harbor..........      10/19/2018
USCG-2018-0867...........................  Safety Zones (Parts 147     Pittsburgh, PA...........      10/20/2018
                                            and 165).
USCG-2018-0978...........................  Safety Zones (Parts 147     Florence, AL.............      10/20/2018
                                            and 165).
USCG-2018-0883...........................  Safety Zones (Parts 147     Manasquan, NJ............      10/20/2018
                                            and 165).
USCG-2018-0837...........................  Safety Zones (Parts 147     San Diego, CA............      10/27/2018
                                            and 165).
USCG-2018-1000...........................  Security Zones (Part 165).  Pittsburgh, PA...........      10/30/2018

USCG-2018-1031...........................  Safety Zones (Parts 147     Madeira Beach, FL........       11/9/2018
                                            and 165).
USCG-2018-0994...........................  Safety Zones (Parts 147     San Francisco, CA........      11/10/2018
                                            and 165).
USCG-2018-0993...........................  Safety Zones (Parts 147     Monongahela, PA..........      11/16/2018
                                            and 165).
USCG-2018-0582...........................  Security Zones (Part 165).  North Shore, Guam........      11/18/2018
USCG-2018-0966...........................  Drawbridge................  Allemands, LA............      11/20/2018
USCG-2018-0979...........................  Safety Zones (Parts 147     Tinicum Township, PA.....      11/25/2018
                                            and 165).
USCG-2018-1069...........................  Security Zones (Part 165).  Hollywood Beach, FL......      11/30/2018
USCG-2018-0999...........................  Safety Zones (Parts 147     Washington, DC...........       12/1/2018
                                            and 165).
USCG-2018-1037...........................  Safety Zones (Parts 147     San Francisco, CA........       12/5/2018
                                            and 165).
USCG-2018-0982...........................  Safety Zones (Parts 147     Cincinnati, OH...........       12/6/2018
                                            and 165).
USCG-2018-0976...........................  Special Local Regulations   San Diego, CA............       12/9/2018
                                            (Part 100).
USCG-2018-1092...........................  Safety Zones (Parts 147     Bayou, LA................      12/11/2018
                                            and 165).
USCG-2018-0767...........................  Safety Zones (Parts 147     Sinclair Inlet, WA.......      12/13/2018
                                            and 165).
USCG-2018-1090...........................  Security Zones (Part 165).  Corpus Christi, TX.......      12/15/2018
USCG-2018-1004...........................  Safety Zones (Parts 147     Decatur Island, WA.......      12/18/2018
                                            and 165).
USCG-2018-1122...........................  Safety Zones (Parts 147     New Orleans, LA..........      12/28/2018
                                            and 165).
USCG-2018-1121...........................  Safety Zones (Parts 147     Wilmington DE............      12/29/2018
                                            and 165).
USCG-2018-1078...........................  Safety Zones (Parts 147     Marina Del Rey, CA.......      12/31/2018
                                            and 165).
----------------------------------------------------------------------------------------------------------------

    Dated: March 20, 2019.
Katia Kroutil,
Chief, Office of Regulations and Administrative Law, U.S. Coast Guard.
[FR Doc. 2019-05626 Filed 3-22-19; 8:45 am]
 BILLING CODE 9110-04-P


SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NSPS for Small Industrial-Commercial-Institutional Steam Generating
Units

1.  Identification of the Information Collection

1(a)  Title of the Information Collection

NSPS for Small Industrial-Commercial-Institutional Steam Generating
Units (40 CFR part 60, subpart Dc) (Renewal)

1(b)  Short Characterization/Abstract

The New Source Performance Standards (NSPS) for small
industrial-commercial- institutional steam generating units, published
at 40 CFR 60.40c, were proposed on June 9, 1989, and promulgated on
September 12, 1990.  These standards apply to industrial-commercial-
institutional steam generating units with maximum design heat input
capacity of 29 megawatts (MW) (100 million Btu/hr) or less, but greater
than or equal to 2.9 MW (10 million Btu/hr), commencing construction,
modification, or reconstruction after June 9, 1989.  The standards limit
the emissions of sulfur dioxide (SO2) and particulate matter (PM).  For
the purposes of this document, new units are those affected units that
have had construction, modification, or reconstruction within the last
three years.  This information is being collected to assure compliance
with 40 CFR part 60, subpart Dc.

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

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

Based on our consultations with industry representatives, there is an
average of 1.7 affected facilities at each plant site and that each
plant site has only one respondent (i.e., the owner/operator of the
plant site).

Over the next three years, an average of 235 facilities per year will be
subject to the standard, and it is estimated that eleven additional
sources per year will become subject to the standard in the next three
years.

There are approximately 235 small industrial-commercial-institutional
steam generating units in the United States, which are all publicly
owned and operated by the small industrial-commercial-institutional
steam generating industry.  None of the 235 facilities in the United
States are owned by either state, local, tribal or the Federal
Government.  They are all owned and operated solely by privately owned
for-profit businesses.  You can find the burden to the “Affected
Public” listed below in Table 1: Annual Industry Burden and Cost -
NSPS for Small Industrial-Commercial-Institutional Steam Generating
Units (40 CFR part 60, subpart Dc).  The Federal government burden does
not include work performed by Federal employees only work performed by
contractors, which could be found listed below in Table 2: Average
Annual EPA Burden - NSPS for Small Industrial-Commercial-Institutional
Steam Generating Units (40 CFR part 60, subpart Dc).

The Office of Management and Budget (OMB) approved the currently active
ICR without any “Terms of Clearance.”

2.  Need for and Use of the Collection

2(a)  Need/Authority for the Collection

The EPA is charged under section 111 of the Clean Air Act (CAA), as
amended, to establish standards of performance for new stationary
sources that reflect:

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

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

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

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

In the Administrator's judgment, SO2 and PM emissions from small
industrial-commercial- institutional steam generating units cause or
contribute to air pollution that may reasonably be anticipated to
endanger public health or welfare.  Therefore, the NSPS was promulgated
for this source category at 40 CFR part 60, subpart Dc.

2(b)  Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standard ensure
compliance with the applicable regulations which where promulgated in
accordance with the Clean Air Act.  The collected information is also
used for targeting inspections and as evidence in legal proceedings.

Performance tests are required in order to determine an affected
facility’s initial capability to comply with the emission standard.
Continuous emission monitors are used to ensure compliance with the
standard at all times.  During the performance tests, a record of the
operating parameters under which compliance was achieved may be recorded
and used to determine compliance in place of a continuous emission
monitor.

The notifications required in the standard are used to inform the Agency
or delegated authority when a source becomes subject to the requirements
of the regulations.  The reviewing authority may then inspect the source
to ensure that the pollution control devices are properly installed and
operated, that leaks are being detected and repaired, and that the
standard is being met.  The performance test may also be observed.

The required semiannual and quarterly reports are used to determine
periods of excess emissions, identify problems at the facility, verify
operation/maintenance procedures, and for compliance determinations.

3.  Nonduplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under 40 CFR part
60, subpart Dc.

3(a)  Nonduplication

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

3(b)  Public Notice Required Prior to ICR Submission to OMB

An announcement of a public comment period for the renewal of this ICR
was published in the Federal Register (72 FR 10735) on March 9, 2007.
No comments were received on the burden published in the Federal
Register.

3(c)  Consultations

Over the next three years, an average of 235 facilities per year will be
subject to the standard, with eleven additional sources per year
becoming subject to the standard.  In estimating the affected number of
sources and the growth rate of small industrial-commercial-institutional
steam generating facilities subject to this standard, EPA contacted Mr.
Stephen D. Smith at<PHONE_NUMBER>, Novus Engineering PC, and Mr. Robert
Bessette at<PHONE_NUMBER>, Council of Industrial Boiler Owners (CIBO)
who also consulted with owners and council members.  We referenced the
most recent data available.  We reviewed information available from the
Online Tracking Information System (OTIS) which is the primary source of
information regarding the number of existing sources.  OTIS data was
used in conjunction with industry consultation to verify the number of
sources and the industry growth rate.

3(d)  Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of
assurance that facilities are continuing to meet the standards.
Requirements for information gathering and recordkeeping are useful
techniques to ensure that good operation and maintenance practices are
applied and emission limitations are met.  If the information required
by these standards was collected less frequently, the proper operation
and maintenance of control equipment and the possibility of detecting
violations would be less likely.

3(e)  General Guidelines

These reporting or recordkeeping requirements do not violate any of the
regulations promulgated by OMB under 5 CFR part 1320, section 1320.5.

3(f)  Confidentiality

Any information submitted to the Agency for which a claim of
confidentiality is made will be safeguarded according to the Agency
policies set forth in title 40, chapter 1, part 2, subpart B -
Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR
36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43
FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3(g)  Sensitive Questions

None of the reporting or recordkeeping requirements contain sensitive
questions.

4.  The Respondents and the Information Requested

4(a)  Respondents/SIC Codes

The respondents to the recordkeeping and reporting requirements are
stationary gas turbines.  The United States Standard Industrial
Classification (SIC) codes which correspond to

The North American Industry Classification System (NAICS) code could be
found in the following table:

40 CFR part 60, subpart Dc	SIC Codes	NAICS Codes

Crude Petroleum and Natural Gas	13	211

Sawmills and Planing Mills, General	24	321

Pulp Mills	26	322

Alkalies and Chlorine Manufacturing	28	325

 Petroleum Refining	29	324

Tires and Inner Tubes	30	326, 316, 339

Steel Works, Blast Furnaces	33	324

Metal Cans	34	332

Motor Vehicles and Passenger Car Bodies	37	336

Electric Power Distribution	49	221

General Medical and Surgical Hospitals	80	622

Elementary and Secondary Schools	82	611

4(b)  Information Requested

None of these reporting or recordkeeping requirements violate any of the
regulations established by OMB at 5 CFR part 1320, section 1320.5.

(i)  Data Items

In this ICR, all the data recorded or reported is required by the New
Source Performance Standards for Small
Industrial-Commercial-Institutional Steam Generating Units (40 CFR part
60, subpart Dc).

A source must make the following reports:

Notifications

Notification of construction or reconstruction	60.7(a)(1), 60.48c(a)

Notification of anticipated startup	60.7(a)(2), 60.48c(a)

Notification of actual startup date	60.7(a)(3)

Notification of modification	60.7 (a)(4)

Notification of demonstration of continuous monitoring system (CMS)	60.8
(a), 60.8 (d)

Semiannual reports of excess emissions and performance of continuous
monitoring systems, and/or summary report forms	60.7(c), 60.7(d),
60.48(c), 60.48c(c)

Initial performance test results and any subsequence performance test s
and, if applicable, the performance evaluation of the CEMS, and/or COMS
60.8(a)(d), 60.48c(b)

A source must keep the following records:

Recordkeeping

Keep records of startups, shutdowns, malfunctions of affected
facilities; malfunctions of control devices; and periods where the
continuous monitoring system is inoperative.	60.7(b)

Keep records of measurements, performance evaluations, calibration
checks, adjustments and maintenance related to continuous monitoring
systems	60.7(f)

Keep records of location, plans or specifications for exempted
non-contact cooling water systems.	60.697(j)

Electronic Reporting

Some of the respondents are using monitoring equipment that
automatically records parameter data.  Although personnel at the
affected facility must still evaluate the data, internal automation has
significantly reduced the burden associated with monitoring and
recordkeeping at a plant site.

Also, regulatory agencies in cooperation with the respondents continue
to create reporting systems to transmit data electronically.  However,
electronic reporting systems are still not widely used.  At this time,
it is estimated that approximately 10 percent of the respondents use
electronic reporting.

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate CEMS for SO2 or sample fuel
prior to combustion and estimate emissions using Method 6B.  Install,
calibrate, maintain, and operate COMS for opacity.

Perform initial performance test for SO2, Reference Method 19 test
(Method 6B for fuel sampling), and repeat performance tests if
necessary.

Perform initial performance test for PM, Reference Methods 1, 5, 5B, 9
and/or 17, and repeat performance tests if necessary.

Write the notification and reports listed above.

Enter information required to be recorded above.

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

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

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

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

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

Transmit, or otherwise disclose the information.

	Currently, sources are using monitoring equipment that provides
parameter data in an automated way e.g., continuous parameter monitoring
system.  Although personnel at the source still need to evaluate the
data, this type of monitoring equipment has significantly reduced the
burden associated with monitoring and recordkeeping.

5.  The Information Collected: Agency Activities, Collection
Methodology, and Information Management

5(a)  Agency Activities

EPA conducts the following activities in connection with the
acquisition, analysis, storage, and distribution of the required
information.

Agency Activities

Observe initial performance tests and repeat performance tests if
necessary.

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

Audit facility records.

Input, analyze, and maintain data in the Online Tracking Information
System (OTIS).

5(b)  Collection Methodology and Management

Following notification of startup, the reviewing authority might inspect
the source to determine whether the pollution control devices are
properly installed and operational.  Performance test reports are used
by the Agency to discern a source’s initial capability to comply with
the emission standard, and note the operating conditions under which
compliance was achieved.  Data and records maintained by the respondents
are tabulated and published for use in compliance and enforcement
programs.  The semiannual reports are used for problem identification,
as a check on source operation and maintenance, and for compliance
determinations.

Information contained in the reports is entered into OTIS which is
operated and maintained by the EPA Office of Compliance.  OTIS is an EPA
database for the collection, maintenance, and retrieval of compliance
data for approximately 125,000 industrial and government-owned
facilities.  EPA uses OTIS for tracking air pollution compliance and
enforcement by local and state regulatory agencies, EPA regional offices
and EPA headquarters.  EPA and its delegated Authorities can edit,
store, retrieve and analyze the data.

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

5(c)  Small Entity Flexibility

The majority of the respondents are large entities (i.e., large
businesses).  However, the impact on small entities (i.e., small
businesses,) was taken into consideration during the development of the
regulation.  Due to technical considerations involving the process
operations and the types of control equipment employed, the
recordkeeping and reporting requirements are the same for both small and
large entities.  The Agency considers these to be the minimum
requirements needed to ensure compliance and, therefore, cannot reduce
them further for small entities.  To the extent that larger businesses
can use economies of scale to reduce their burden, the overall burden
will be reduced.

5(d)  Collection Schedule

The specific frequency for each information collection activity within
this request is shown in Table 1: Annual Industry Burden, NSPS for Small
Industrial-Commercial-Institutional Steam Generating Units (40 CFR part
60, subpart Dc).

6.  Estimating the Burden and Cost of the Collection

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

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

6(a)  Estimating Respondent Burden

The average annual burden to industry over the next three years from
these recordkeeping and reporting requirements is estimated to be
159,972 (Total Labor Hours from Table 1).  These hours are based on
Agency studies and background documents from the development of the
regulation, Agency knowledge and experience with the NSPS program, the
previously approved ICR, and any comments received.

6(b)  Estimating Respondent Costs

(i)  Estimating Labor Costs

This ICR uses the following labor rates:

Managerial	$95.32   ($45.39 + 110%)

Technical	$64.60   ($30.76 + 110%)

Clerical	$40.09   ($19.09 + 110%)

These rates are from the United States Department of Labor, Bureau of
Labor Statistics, December 2003, Table 10. Private industry, by
occupational and industry group.  The rates are from column 1, Total
compensation.  The rates have been increased by 110% to account for the
benefit packages available to those employed by private industry.

(ii)  Estimating Capital/Startup and Operation and Maintenance Costs

The only costs to the regulated industry resulting from information
collection activities required by the subject standard are labor costs.
The type of industry costs associated with the information collection
activities in the subject standard are both labor costs which are
addressed elsewhere in this ICR and the costs associated with continuous
monitoring.  The capital/startup costs are one-time costs when a
facility becomes subject to the regulation.  The annual operation and
maintenance costs are the ongoing costs to maintain the monitor and
other costs such as photocopying and postage.

(iii)  Capital/Startup vs. Operation and Maintenance (O&M) Costs

Capital/Startup vs. Operation and Maintenance (O&M) Costs

(A)

Continuous Monitoring Device	(B)

Capital/

Startup Cost

 for One Respondent	(C)

Number of New Respondents	(D)

Total Capital/Startup Cost

(B X C)	(E)

Annual O&M Costs for One Respondent	(F)

Number of Respondents with O&M	(G)

Total O&M,

(E X F)

SO2 Monitoring

CEMS, control device inlet and outlet	$113,592	0 	$0	$25,900	26
$673,400

CEMS, control device outlet only	$73,028	19	$1,387,532	$17,100	374 1
$6,395,400

PM Monitoring

COMS for sources burning coal, residual oil, or wood	$47,033	2.2
$103,472.60	$9,100	97.4 2	$886,340

Total (rounded)

	$1,491,005

	$7,955,140

 1 This represents an annual average of 235 existing respondents,
multiplied by an average of 1.7 affected units per respondent, less an
annual average of 26 units requiring inlet and outlet monitoring.

2  This represents 93 existing affected units that require COMS, plus
4.4 new affected units per year that require COMS, averaged over the
next three years [93/235 x 11 = 4.4 (rounded)]

The total capital/startup costs for this ICR are $1,491,005.  This is
the total of column D in the above table.

The total operation and maintenance (O&M) costs for this ICR are
$7,955,140.  This is the total of column G.

The average annual cost for capital/startup and operation and
maintenance costs to industry over the next three years of the ICR is
estimated to be $9,446,145.

6(c)  Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of
the reported information.  EPA's overall compliance and enforcement
program includes activities such as the examination of records
maintained by the respondents, periodic inspection of sources of
emissions, and the publication and distribution of collected
information.

The average annual Agency cost during the three years of the ICR is
estimated to be $177,840

This cost is based on the average hourly labor rate as follows:

	Managerial	$54.66 (GS-13, Step 5, $34.16 + 60%)

	Technical	$40.56 (GS-12, Step 1, $25.35 + 60%)

	Clerical	$21.95 (GS-6,   Step 3, $13.72 + 60%)

These rates are from the Office of Personnel Management (OPM) (2004
General Schedule( which excludes locality rates of pay.  The rates have
been increased by 60% to account for the benefit packages available to
government employees.  Details upon which this estimate is based appear
in Table 2: Average Annual EPA Burden, NSPS for Small
Industrial-Commercial- institutional Steam Generating Units (40 CFR Part
60, Subpart Dc), below.

6(d)  Estimating the Respondent Universe and Total Burden and Costs

Based on our research for this ICR, on average over the next three
years, approximately 235 existing respondents will be subject to the
standard.  It is estimated that no additional respondents per year will
become subject.  The overall average number of respondents, as shown in
the table below is 235 per year.

The number of respondents is calculated using the following table that
addresses the three years covered by this ICR.

Number of Respondents

Year	(A)

Number of New Respondents	(B)

Number of Existing Respondents	(C)

Number of Existing Respondents That Keep Records But Do Not Submit
Reports	(D)

Number of Existing Respondents That Are Also New Respondents	(E)

Number of Respondents

(E=A+B+C-D)

1	11	213	0	0	224

2	11	224	0	0	235

3	11	235	0	0	246

Average	11	224	0	0	235

1 New respondent include sources with constructed, reconstructed and
modified affected facilities.  In this standard existing respondents
submit initial notifications.

To avoid double-counting respondents, column D is subtracted.  As shown
above, the average Number of Respondents over the three-year period of
this ICR is 235.

The total number of annual responses per year is calculated using the
following table:

Total Annual Responses

(A)

Information Collection Activity	(B)

Number of Respondents	(C)

Number of Responses	(D)

Number of Existing Respondents That Keep Records But Do Not Submit
Reports	(E)

Total Annual Responses

E=(BxC)+D

Notification of construction/reconstruction	4	1.7	n/a	7

Notification of modification	7	1.7	n/a	12

Notification of actual startup 	11	1.7	n/a	19

Notification of initial performance test	11	1.7	n/a	19

Notifications of CEMS demonstration	11	1.7	n/a	19

Semiannual compliance report	235	2	n/a	470

	Total	546

The number of total respondents is 235.

The number of Total Annual Responses is 546.  This is the number in
column E of the Respondent Universe and Number of Responses per year in
table above.

The total annual labor costs are $10,206,909.  Details regarding these
estimates may be found in Table 1: Annual Industry Burden, NSPS for
Small Industrial-Commercial-Institutional Steam Generating Units, below.

6(e)  Bottom Line Burden Hours Burden Hours and Cost Tables

The detailed bottom line burden hours and cost calculations for the
respondents and the Agency are shown in Tables 1 and 2, respectively,
and summarized below.

(i) Respondent Tally

The total annual labor costs are $10,206,909.  Details regarding these
estimates may be found in Table 1. Annual Respondent Burden and Cost:
NSPS for Small Industrial-Commercial- Institutional Steam Generating
Units (40 CFR Part 60, Subpart Dc), below.  Furthermore, the annual
public reporting and recordkeeping burden for this collection of
information is estimated to average 293 hours per response.

The total annual capital/startup and O&M cost to the regulated entity
are $9,446,145.

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is
estimated to be 4,496 labor hours at a cost of $177,840.  See Table 2.
Annual Agency Burden and Cost: NSPS for Small
Industrial-Commercial-Institutional Steam Generating Units (40 CFR Part
60, Subpart Dc), below.

6(f)  Reasons for Change in Burden

There is no significant change in this ICR compared to the previous ICR.
 This is due to two considerations.  First, the regulations have not
changed over the past three years and are not anticipated to change over
the next three years.  Secondly, the growth rate for the industry is
very low, negative or non-existent.

There is however, an adjustment in the labor hour estimate.  The
previous ICR shows a total of 156,610 annual hours.  This renewal ICR
shows a total of 159,972 annual hours, which results in a labor hour
increase of 3,362.  This increase was caused by a mathematical error in
the previous ICR.

There is also a change in the cost estimate.  The previous ICR used a
cost figure that was rounded-up to ($9,446,000).  This ICR uses the
exact cost figure of ($9,446,145) resulting in a small cost increase of
$145.

6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection
of information is estimated to average 293 hours per response.  Burden
means the total time, effort, or financial resources expended by persons
to generate, maintain, retain, or disclose or provide information to or
for a Federal agency.  This includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information.

An agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a valid OMB
Control Number.  The OMB Control Numbers for EPA’s regulations are
listed at 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-OECA-2007-0046.  An electronic version of the public docket is
available at http://www.regulations.gov which may be used to obtain a
copy of the draft collection of information, submit or view public
comments, access the index listing of the content of the docket, and to
access those documents in the public docket that are available
electronically.  When in the system, select “search” than key in the
docket ID number identified in this document.  The documents are also
available for public viewing at the Enforcement and Compliance Docket
and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Avenue, N.W., Washington, DC.  The EPA Docket
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays.  The telephone number for the
Reading Room is<PHONE_NUMBER>, and the telephone number for the
Enforcement and Compliance Docket and Information Center Docket is (202)
566-1752.  Also, you can send comments to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street,
N.W., Washington, DC 20503, Attention: Desk Officer for EPA.  Please
include the EPA Docket ID Number EPA-HQ-OECA-2007-0046 and OMB Control
Number 2060-0202 in any correspondence.

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in
collecting this information.

Table 1:  Annual Respondent Burden and Cost – NSPS for Small
Industrial-Commercial-Institutional Steam Generating Units (40 CFR part
60, subpart Dc)

 	(A)	(B)	(C)	(D)	(E)	(F)	(G)	 (H)

 Burden item 	Person- hours per occurrence	No. of occurrences per
respondent per year	Person- hours per respondent per year (C=AxB)
Respondents per year (a)	Technical person- hours per year (E=CxD)
Management person-hours per year (Ex0.05)

	Clerical person-hours per year

(Ex0.1)

	Cost ($) (b)

1. Applications	N/A

2. Survey and Studies	N/A

3. Reporting requirements

    A.  Read instructions c	2	1	2	11	22	1.1	2.2	$1,614.00

    B.  Required activities

     1.  Performance test (2.9 - 8.7

          MW) h
                   	8	2	16	7	112	5.6	11.2	$8,218.00

         2.  Performance test (8.7 - 29

             MW) h   	330	2	660	4	2,640	132	264	$193,710.00

     C.   Create information 	See 3B

	     D.   Gather existing information	See 3E

	     E.   Write report

    Notification of  construction/

    Reconstruction d, g	2	1.7	3.4	4	13.6	0.68	1.36	$998.00

    Notification of modification e, g	2	1.7	3.4	7	23.8	1.19	2.38
$1,746.00

    Notification of actual startup f, g	2	1.7	3.4	11	37.4	1.87	3.74
$2,744.00

    Notification of initial

    performance test g	2	1.7	3.4	11	37.4	1.87	3.74	$2,744.00

    Notification of demo of CEMS g	2	1.7	3.4	11	37.4	1.87	3.74	$2,744.00

    Semiannual reports	16	2	32	235	7,520	376	752	$551,780.00

    Results of performance test	See 3B

	4.  Recordkeeping requirements

  A.  Read instructions	See 3A

	      B.  Plan activities	N/A

      C.  Implement activities	N/A

  D. Develop record system 	N/A

      E. Check computer system, calibrate

           Continuous monitors
                               	1.5	365	547.5	235	128,662.5	6.433.13
12,866.25	$9,440,611.00

      F.  Train personnel	N/A

	  G.  Audits	N/A

	Subtotal

	139,106.1	6,955.31	13,910.61	$10,206,909.00

TOTAL ANNUAL BURDEN AND COST (rounded)

159,972

  $10,206,909

Assumptions:

a.  We have assumed that the average number of respondents that will be
subject to the rule will be 235.  There will be eleven additional new
sources per year that will become subject to the rule over the
three-year period of this ICR.

b.  This ICR uses the following labor rates: $95.32 per hour for
Executive, Administrative, and Managerial labor; $64.60 per hour for
Technical labor, and $40.09 per hour for Clerical labor.  These rates
are from the United States Department of Labor, Bureau of Labor
Statistics, December 2003, “Table 2. Civilian Workers, by occupational
and industry group.” The rates are from column 1, “Total
compensation.”  The rates have been increased by 110 percent to
account for the benefit packages available to those employed by private
industry.

c.  We have assumed that each new respondent will take two hours to read
instructions.

d.  We have assumed that four new respondent will each take two hours to
write notification of construction/reconstruction report.

e.  We have assumed that seven new respondent will each take two hours
to write notification of modification report.

f.  We have assumed that all new respondent will each take two hours to
write the semiannual report two time per year.

g.  We have assumed that occurrences/respondent for new facilities is
based on an average of 1.7 affected facilities per respondent, with an
estimated 10 percent retest

h.  This estimate includes performance test (opacity) for coal, wood and
oil-fired steam generating units and test of continuous emissions
monitor.

Table 2:  Average Annual EPA Burden – NSPS for Small
Industrial-Commercial-Institutional Steam Generating Units (40 CFR part
60, subpart Dc)

 	(A)	(B)	(C)	(D)	(E)	(F)	(G)	 (H)

Activity 	EPA person- hours per occurrence	No. of occurrences per plant

per year	EPA person- hours per plant per year (C=AxB)	Plants per year
(a)	Technical person- hours per year (E=CxD)	Management person-hours per
year (Ex0.05)

	Clerical person-hours per year

(Ex0.1)

	Cost {$} (b)

     Review of notification of construction/

     Reconstruction c	2	1.7	3.4	4	13.6	0.68	1.36	$619

 Review of notification of modification c	2	1.7	3.4	7	23.8	1.19	2.38
$1,083

     Review of notification of actual startup c	2	1.7	3.4	11	37.4	1.87
3.74	$1,701

     Review of initial CEMS demonstration c	2	1.7	3.4	11	37.4	1.87	3.74
$1,701

     Review of demonstration of monitoring

      System c	2	1.7	3.4	11	37.4	1.87	3.74	$1,701

     Review of semiannual reports 	8	2	16	235	3,760	188	376	$171,035

TOTAL ANNUAL BURDEN AND COST (rounded)

4,496

  $177,840

Assumptions:

a.  We have assumed that the average number of respondents that will be
subject to the rule will be 235.  There will be eleven additional new
sources that will become subject to the rule over the three-year period
of this ICR.

b.  The cost is based on the following labor rate which incorporates a
1.6 benefits multiplication factor to account for government overhead
expenses.  Managerial rates of $54.66 (GS-13, Step 5, $34.16 x 1.6),
Technical rate of $40.56 (GS-12, Step 1, $25.35 x 1.6), and Clerical
rate of $21.95 (GS-6, Step 3, $13.72 x 1.6).  These rates are from the
Office of Personnel Management (OPM) “2004 General Schedule” which
excludes locality rates of pay.

c.  We have assumed that occurrences/respondent for new facilities are
based on an average of 1.7 affected facilities per respondent.

d. We have assumed that it will take 8 hours two times per year to
review each semiannual report.

 PAGE

 PAGE   11

 PAGE


[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Notices]
[Pages 16793-16795]
[FR Doc No: 2014-06687]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0207; FRL-9907-35]

Product Cancellation Order for Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces EPA's order for the cancellations,
voluntarily requested by the registrants and accepted by the Agency, of
the products listed in Table 1 of Unit II., pursuant to the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation
order follows a January 22, 2014 Federal Register notice of receipt of
requests from the registrants listed in Table 2 of Unit II. to
voluntarily cancel these product registrations. In the January 22, 2014
Federal Register notice, EPA indicated that it would issue an order
implementing the cancellations, if appropriate according to the terms
of the requests, unless the Agency received substantive comments within
the 30-day comment period that would merit its further review of these
requests, or unless the registrants withdrew their requests. The Agency
received one comment on the January 22, 2014 Federal Register notice
which is addressed in Unit III., the registrants did not withdraw their
requests, and cancellation is appropriate according to the terms of the
requests. Accordingly, EPA hereby issues this cancellation order
granting the requested cancellations. Any distribution, sale, or use of
the products subject to this cancellation order is permitted only in
accordance with the terms of this order, including any existing stocks
provisions.

DATES: The cancellations are effective April 1, 2015.

FOR FURTHER INFORMATION CONTACT: Kaitlin Keller, Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0207 is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

II. What action is the Agency taking?

    This notice announces the cancellation, as requested by
registrants, of products registered under FIFRA section 3. These
registrations are listed in sequence by registration number in Table 1.

                     Table 1--Product Cancellations
------------------------------------------------------------------------
    EPA  Registration  number        Product name        Chemical name
------------------------------------------------------------------------
2517-61.........................  Sergeant's Dual     Propoxur, MGK 264,
                                   Action Flea &       Phenothrin.
                                   Tick Collar (With
                                   D-Phenothrin).

2517-78.........................  Sergeant's Sendran  Propoxur.
                                   Flea & Tick
                                   Collar.
2517-144........................  Sergeant's 933      Propoxur, MGK 264,
                                   Plus Flea & Tick    Phenothrin,
                                   Collar (With D-     Pyriproxy- fen.
                                   Phenothrin and
                                   Pyriproxy- fen).
2724-254........................  Dog Collar for      Propoxur.
                                   Flea Control.
2724-275........................  Propoxur Flea       Propoxur.
                                   Collar for Cats
                                   RF-101.
2724-491........................  RF 9907 Flea        Propoxur, S-
                                   Collar for Cats     Methoprene.
                                   and Kittens.
2724-493........................  RF-2007 Collar....  Propoxur, S-
                                                       Methoprene.
------------------------------------------------------------------------

    Table 2 includes the names and addresses of record for all
registrants of the products in Table 1, in sequence by EPA company
number. This number corresponds to the first part of the EPA
registration numbers of the products listed in Table 1.

               Table 2.--Registrants of Canceled Products
------------------------------------------------------------------------
            EPA company  number               Company name and  address
------------------------------------------------------------------------
2517......................................  Sergeant's Pet Care
                                             Products, Inc., 10077 South
                                             134th Street, Omaha, NE
                                             68138
2724......................................  Wellmark International, 1501
                                             E. Woodfield Road, Suite
                                             200 West, Schaumburg, IL
                                             60173
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to
Comments

    During the public comment period provided, EPA received one comment
from the Natural Resources Defense Council (NRDC), in response to the
January 22, 2014 Federal Register notice announcing the Agency's
receipt of the requests for voluntary cancellations of products listed
in Table 1 of Unit II. In its comments, NRDC raises concerns that the
proposed cancellation will not adequately protect children from the
risks of exposure to propoxur pet collars because it would allow the
registrants to increase production prior to cancellation, potentially
allow the registrants to substitute their registrations with different
formulations of propoxur pet collars, and permit unsafe products to
remain on the market indefinitely. NRDC also claims that the
methodologies utilized in EPA's most recent September 2013 risk
assessment, Propoxur Occupational and Residential Exposure (ORE)
Assessment in Response to the Natural Resources Deference Council
Petition for Pet Collars, underestimate the risk of propoxur pet collar
exposure to children. EPA risk assessment methodology uses the
procedures reviewed and endorsed by Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) Scientific Advisory Panels (SAPs). EPA believes
the use of FIFRA SAP-reviewed 2012 Standard Operating Procedures for
Residential Pesticide Exposure Assessments, as well as the refinements
based on propoxur-specific data, appropriately characterize the risks
of concern for propoxur pet collars in the September 2013 propoxur ORE
assessment.
    Wellmark International's (Wellmark's) voluntary cancellation
request, dated September 9, 2013, also contained a request that the
current Wellmark registrations for propoxur pet collars listed in Table
1 of Unit II. be amended such that Wellmark shall not produce more
volume of each product under the terms of the current registrations
during the remaining manufacturing period (i.e., from September 9, 2013
when the request for amendment was submitted until April 1, 2015, the
effective date of cancellation--a period just over 1.5 years) than 1.5
times the average annual production level of each product for the
calendar years 2010 through 2012. EPA granted this amendment request on
December 6, 2013. This amendment does not allow for an increased level
of production. Sergeant's Pet Care Products, Inc. (Sergeant's) provided
an expression of intent on November 1, 2013, that states that until
April 1, 2015 (the effective date of cancellation), Sergeant's intends
to produce no more of the products listed in Table 1 of Unit II. than
it sold during the 2-year timeframe of 2011 and 2012. Based on the
voluntary cancellation requests, the Agency believes the registrants
will remain at or below their average annual production of propoxur pet
collars until the effective cancellation date of April 1, 2015. Thus,
EPA disagrees with NRDC's claim that the proposed cancellation will
allow registrants to increase production prior to cancellation.
    In addition, NRDC claims that the proposed cancellation will allow
products to remain on the market indefinitely. Specially, NRDC states
that based on a typical shelf life of 5 years, consumers may be able to
purchase propoxur pet collars in April 2020 or later. However, based on
available information provided by the registrants, propoxur pet collars
generally clear the channels of trade within 12 to 18 months.
Therefore, EPA does not expect propoxur pet collars to remain on the
market indefinitely, but rather, the Agency expects existing stocks of
propoxur pet collars to move through the channels of trade faster than
could be accomplished through a cancellation hearing.
    Wellmark's voluntary cancellation request was conditioned upon the
opportunity to submit a ``concept package'' for reformulation of the
propoxur pet collars listed in Table 1 of Unit II. to address potential
risks of concern. Wellmark did not provide sufficient information to
address the potential risks of concern, and EPA thus notified Wellmark
that the Agency intended to proceed with a final cancellation order.
Therefore, all pet collars currently formulated with propoxur will be
canceled effective April 1, 2015.
    In addition, the Agency's existing stocks policy of June 26, 1991
(56 FR 29362), provides that where EPA has identified a particular risk
issue, the Agency will generally weigh the risk against the benefits of
allowing any continued sale, distribution, or use on a case-by-case
basis. In doing so, one of the factors that the Agency may take into
consideration is the degree to which the registrant's actions
accelerated the removal of the pesticide from the market, and whether
the cancellation would have occurred at all without the existing stocks
provision (see 56 FR 29365).
    EPA considered these factors and determined that the conditional
voluntary requests for cancellation, including the existing stocks
provisions upon which those voluntary requests were conditioned, will
result in the removal of propoxur pet collar products from the market
sooner (and with the expenditure of far fewer resources) than if EPA
were to initiate and pursue cancellation proceedings. For these
reasons, the Agency does not believe that the comments submitted during
the comment period merit the denial of the requests for voluntary
cancellation.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellations of the registrations identified in Table 1 of Unit II.
Accordingly, the Agency hereby orders that the product registrations
identified in Table 1 of Unit II. are canceled. The effective date of
the cancellations that are the subject of this cancellation order is
April 1, 2015. Any distribution, sale, or use of existing stocks of the
products identified in Table 1 of Unit II. in a manner inconsistent
with any of the provisions for disposition of existing stocks set forth
in Unit VI. will be a violation of FIFRA.

V. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA, 7 U.S.C. 136d(f), provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be canceled or amended to terminate one or
more uses. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register. Thereafter, following the public comment period, the EPA
Administrator may approve such a request. The notice of receipt for
this action was published for comment in the Federal Register of
January 22, 2014 (79 FR 3586) (FRL-9904-26). The comment period closed
on February 21, 2014.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. The existing stocks provisions for the products
subject to this order are as follows.
    The registrants, Sergeant's Pet Care Products, Inc. (Sergeant's)
and Wellmark International (Wellmark), may not ``release for
shipment,'' as that term is defined by 40 CFR 152.3, any additional
products listed in Table 1 of Unit II., after April 1, 2015, and may
not sell or distribute existing stocks of such product after April 1,
2016. All sale or distribution of such existing stocks by Sergeant's
and Wellmark is prohibited after April 1, 2016, unless that sale or
distribution is solely for the purpose of facilitating disposal or
export of the product consistent with FIFRA section 17.
    After April 1, 2016, persons other than registrants will be allowed
to sell, distribute, or use existing stocks until such stocks are
exhausted, provided that such sale, distribution, or use is consistent
with the terms of the previously approved labeling on, or that
accompanied, the canceled products.

List of Subjects

    Environmental protection, Pesticides and pests, Propoxur.

    Dated: March 14, 2014.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2014-06687 Filed 3-25-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Rules and Regulations]
[Pages 39534-39535]
[FR Doc No: 2017-17564]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 860

[Docket No. FDA-2013-N-1529]

Medical Device Classification Procedures; Change of Address;
Technical Amendment

AGENCY: Food and Drug Administration; HHS.

ACTION: Final rule; technical amendment.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is amending
the Medical Device Classification Procedures regulation to reflect a
change in address for the Center for Devices and Radiological Health
(CDRH). This action is editorial in nature and is intended to improve
the accuracy of the Agency's regulations.

DATES: This rule is effective August 21, 2017.

FOR FURTHER INFORMATION CONTACT: Karen Fikes, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 5244, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: FDA is amending our regulations in 21 CFR
part 860 that set forth procedures for mailing reclassification
petitions (Sec.  860.123 (21 CFR 860.123)) to revise the mailing
address for CDRH. The current mailing address in the regulation for
CDRH is as follows: Center for Devices and Radiological Health,
Regulations Staff, 10903 New Hampshire Ave., Bldg. 66, Rm. 4438, Silver
Spring, MD 20993-0002. The room number, 4438, has been changed; the new
room number is G609. The mailing address is revised as follows: Center
for Devices and Radiological Health, Regulations Staff, Document Mail
Center-WO66-G609, 10903 New Hampshire Ave., Silver Spring, MD 20993-
0002.
    Sections 513(e) and (f), 514(b), 515(b), and 520(l) of the Federal
Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360c(e) and (f);
360d(b); 360e(b), and 360j(l)), provide for the reclassification of a
device and prescribe procedures to petition for reclassification. FDA
provides procedures for the content and form of reclassification
petitions submitted pursuant to Sec.  860.123(b)(1) for devices
regulated by CDRH. The address for submitting a reclassification
petition for devices regulated by CDRH in Sec.  860.123(b)(1) is
amended to reflect the new room number. The addresses remain the same
for the Center for Biologics Evaluation and Research and the Center for
Drug Evaluation and Research.

List of Subjects in 21 CFR Part 860

    Administrative practice and procedure, Medical devices.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
860 is amended as follows:

PART 860--MEDICAL DEVICE CLASSIFICATION PROCEDURES

0
1. The authority citation for part 860 continues to read as follows:

    Authority:  21 U.S.C. 360c, 360d, 360e, 360i, 360j, 371, 374.

0
2. Revise Sec.  860.123(b)(1) to read as follows:

Sec.  860.123   Reclassification petition: Content and form.

* * * * *
    (b) * * *
    (1) For devices regulated by the Center for Devices and
Radiological Health, addressed to the Food and Drug Administration,
Center for Devices and Radiological Health, Regulations Staff, Document
Mail Center-WO66-G609, 10903 New Hampshire Ave., Silver Spring, MD
20993-0002; for devices regulated by the Center for Biologics
Evaluation and Research, addressed to the Food and Drug Administration,
Center for Biologics Evaluation and Research, Document Control Center,
10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-
0002; for devices regulated by the Center for Drug Evaluation and
Research, addressed to the Food and Drug Administration, Center for
Drug Evaluation and Research, Central Document Control Room, 5901-B
Ammendale Rd., Beltsville, MD 20705-1266, as applicable.
* * * * *

    Dated: August 15, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-17564 Filed 8-18-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: November 28, 2005 (Volume 70, Number 227)]
[Notices]
[Page 71341-71342]
[DOCID:fr28no05-99]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-27148]

Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940

November 18, 2005.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
November 2005. A copy of each application may be obtained for a fee at
the SEC's Public Reference Branch (tel.<PHONE_NUMBER>). An order
granting each application will be issued unless the SEC orders a
hearing. Interested persons may request a hearing on any application by
writing to the SEC's Secretary at the address below and serving the
relevant applicant with a copy of the request, personally or by mail.
Hearing requests should be received by the SEC by 5:30 p.m. on December
13, 2005, and should be accompanied by proof of service on the
applicant, in the form of an affidavit or, for lawyers, a certificate
of service. Hearing requests should state the nature of the writer's
interest, the reason for the request, and the issues contested. Persons
who wish to be notified of a hearing may request notification by
writing to the Secretary, U.S. Securities and Exchange Commission, 100
F Street, NE., Washington, DC 20549-9303.

FOR FURTHER INFORMATION CONTACT: Diane L. Titus at<PHONE_NUMBER>, SEC,
Division of Investment Management, Office of Investment Company
Regulation, 100 F Street, NE., Washington, DC 20549-0504.

Hilliard Lyons Research Trust [File No. 811-9281]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On August 31, 2005, applicant transferred its
assets to The RBB Fund, Inc., based on net asset value. Expenses of
approximately, $448,249 incurred in connection with the reorganization
were paid by J.J.B.

Hilliard, W.L. Lyons, Inc., of which Hilliard Lyons Research Advisors,
applicant's investment adviser, is a division.
    Filing Dates: The application was filed on September 27, 2005, and
amended on November 7, 2005.
    Applicant's Address: Hilliard Lyons Center, 501 South Fourth St.,
Louisville, KY 40202.

Centurion Counsel Market Neutral [File No. 811-3257]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On September 15, 2005, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Applicant incurred approximately $7,000 in expenses in connection with
the liquidation.
    Filing Dates: The application was filed on September 19, 2005, and
amended on November 4, 2005.
    Applicant's Address: 365 South Rancho Santa Fe Rd., Suite 300, San
Marcos, CA 92078.

Hillier Funds Trust [File No. 811-21568]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On March 18, 2005, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Applicant incurred no expenses in connection with the liquidation.
    Filing Dates: The application was filed on September 30, 2005, and
amended on November 7, 2005.
    Applicant's Address: 36 West 8th St., Suite 210, Holland, MI 49423.

Special Money Market Fund, Inc. [File No. 811-5951]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On March 11, 2005, applicant transferred its
assets to MoneyMart Assets, Inc., based on net asset value. Expenses of
$148,000 incurred in connection with the reorganization were paid by
applicant and the acquiring fund.
    Filing Dates: The application was filed on September 2, 2005, and
amended on November 7, 2005.
    Applicant's Address: Gateway Center Three, 100 Mulberry St.,
Newark, NJ 07102-4077.

Davis Park Series Trust [File No. 811-10141]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On January 14, 2005, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $13,044 incurred in connection with the liquidation were
paid by Ameristock Corporation, applicant's investment adviser.
    Filing Dates: The application was filed on July 29, 2005, and
amended on October 27, 2005.
    Applicant's Address: 1320 Harbor Bay Parkway, Suite 145, Alameda,
CA 94502.

Adhia Funds, Inc. [File No. 811-8775]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On October 3, 2005, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $10,798 incurred in connection with the liquidation were
paid by applicant and its investment adviser, Adhia Investment
Advisors, Inc.
    Filing Dates: The application was filed on October 11, 2005, and
amended on October 28, 2005.
    Applicant's Address: 1408 N Westshore Blvd., Suite 611, Tampa, FL
33607.

Combined Penny Stock Fund, Inc. [File No. 811-3888]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On July 28,
2005, applicant made a liquidating distribution to its shareholders,
based on net asset value. Expenses of $57,906 incurred in connection
with the liquidation were paid by applicant. Applicant has retained
$31,462 in cash to cover certain remaining liquidation expenses.
    Filing Dates: The application was filed on August 1, 2005, and
amended on September 29, 2005.
    Applicant's Address: 5373 N. Union Blvd., 100, Colorado
Springs, CO 80918.

Investors Mark Series Fund, Inc. [File No. 811-8321]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On July 13, 2005, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Investors Mark Advisor, LLC, applicant's investment adviser, paid all
expenses incurred in connection with the liquidation.
    Filing Date: The application was filed on September 20, 2005.
    Applicant's Address: 100 South Fifth Street, Suite 2300,
Minneapolis, MN 55402.

Gateway Variable Insurance Trust [File No. 811-10375]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On August 12, 2005, applicant made a
liquidating distribution to all shareholders, based on net asset value.
Gateway Investment Advisers, L.P., applicant's investment adviser, paid
all expenses incurred in connection with the liquidation.
    Filing Dates: The application was filed on June 28, 2005 and
amended on October 21, 2005.
    Applicant's Address: Rookwood Tower, Suite 600, 3805 Edwards Road,
Cincinnati, OH 45209.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Jonathan G. Katz,
Secretary.
 [FR Doc. E5-6555 Filed 11-25-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Rules and Regulations]
[Pages 40515-40518]
[FR Doc No: 2012-16789]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0600]
RIN 1625-AA00

Safety Zone; Detroit Symphony Orchestra at Ford House Fireworks,
Lake St. Clair, Grosse Pointe Shores, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on

Lake St. Clair, Grosse Pointe Shores, MI. This temporary safety zone is
necessary to protect spectators and vessels from the hazards associated
with a fireworks display.

DATES: This rule will be effective from 10:15 p.m. on July 13 until
10:30 p.m. on July 14, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0600]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box, and click ``Search.'' You may
visit the Docket Management Facility, Department of Transportation,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LT Adrian Palomeque, Prevention
Department, Sector Detroit, Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. The final details for this event were
not known to the Coast Guard until there was insufficient time
remaining before the event to publish an NPRM. Thus, delaying the
effective date of this rule to wait for a comment period to run would
be both impracticable and contrary to the public interest because it
would inhibit the Coast Guard's ability to protect spectators and
vessels from the hazards associated with a maritime fireworks display,
which are discussed further below.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for 30 day notice period run would be
impracticable and contrary to the public interest.

B. Basis and Purpose

    Between 10:15 p.m. and 10:30 p.m. on July 13 and 14, 2012, a
fireworks display will be held on Lake St. Clair near Grosse Pointe
Shores, MI. The Captain of the Port Detroit has determined that
fireworks launched proximate to a gathering of watercraft pose a
significant risk to public safety and property. Such hazards include
premature and accidental detonations, dangerous projectiles, and
falling or burning debris.

C. Discussion of Rule

    With the aforementioned hazards in mind, the Captain of the Port
Detroit has determined that this temporary safety zone is necessary to
ensure the safety of spectators and vessels during the Detroit Symphony
Orchestra at the Ford House Fireworks. This zone will be effective and
enforced from 10:15 p.m. until 10:30 p.m. on July 13 and 14, 2012. This
zone will encompass all waters of Lake St. Clair, Grosse Pointe Shores,
MI within a 600 foot radius of position 42[deg] 27'15'' N, 082[deg]
51'56'' W (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Detroit or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We conclude that this rule is
not a significant regulatory action because we anticipate that it will
have minimal impact on the economy, will not interfere with other
agencies, will not adversely alter the budget of any grant or loan
recipients, and will not raise any novel legal or policy issues. The
safety zone created by this rule will be relatively small and enforced
for a relatively short time. Also, the safety zone is designed to
minimize its impact on navigable waters. Furthermore, the safety zone
has been designed to allow vessels to transit around it. Thus,
restrictions on vessel movement within that particular area are
expected to be minimal. Under certain conditions, moreover, vessels may
still transit through the safety zone when permitted by the Captain of
the Port.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
    This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of Lake St. Clair on the evening of July
13 and 14, 2012.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone would be activated, and thus subject to enforcement, for
only fifteen minutes late in the evening. Traffic may be allowed to
pass through the zone with the permission of the Captain of the Port.
The Captain of the Port can be reached via VHF channel 16. Before the
activation of the zone, we would issue local Broadcast Notice to
Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for

compliance, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference With Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public
Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0600 to read as follows:

Sec.  165.T09-0600  Safety Zone; Detroit Symphony Orchestra at Ford
House Fireworks, Lake St. Clair, Grosse Pointe Shores, MI

    (a) Location. The safety zone will encompass all waters of Lake St.
Clair, Grosse Pointe Shores, MI within a 600 foot radius of position
42[deg]27'15'' N and 082[deg]51'56'' W (NAD 83).
    (b) Enforcement Period. This regulation will be enforced on July 13
and 14, 2012 from 10:15 p.m. until 10:30 p.m.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port Detroit or
his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Detroit or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Detroit is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Detroit to act on his
behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Detroit or his on-scene
representative to obtain

permission to do so. The Captain of the Port Detroit or his on-scene
representative may be contacted via VHF Channel 16. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the Captain of the Port Detroit,
or his on-scene representative.

    Dated: June 25, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2012-16789 Filed 7-9-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 79 (Monday, April 25, 2022)]
[Notices]
[Pages 24294-24295]
[FR Doc No: 2022-08687]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2021-0566; FRL-9720-01-OAR]

Notice of April 2022 Alternative Compliance Demonstration
Approach for Certain Small Refineries Under the Renewable Fuel Standard
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is providing notice
of its action to provide an alternative compliance demonstration
approach (the ``Compliance Action'') to certain small refineries whose
2018 petitions for small refinery exemptions (SREs) under the Renewable
Fuel Standard (RFS) program were denied in the April 2022 Denial of
Petitions for RFS Small Refinery Exemptions (``SRE Denial'') after
being remanded. EPA is providing this notice for public awareness of
and the basis for the Compliance Action issued on April 7, 2022.

DATES: April 25, 2022.

FOR FURTHER INFORMATION CONTACT: Karen Nelson, Office of Transportation
and Air Quality, Compliance Division, Environmental Protection Agency,
2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: 734-214-
4657; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The Clean Air Act (CAA) provides that a small refinery \1\ may at
any time petition EPA for an extension of the exemption from the
obligations of the RFS program for the reason of disproportionate
economic hardship (DEH).\2\ In evaluating such petitions, the EPA
Administrator, in consultation with the Secretary of Energy, will
consider the findings of a Department of Energy (DOE) study and other
economic factors.\3\ In a separate action issued on April 7, 2022, EPA
denied 36 small refinery exemption (SRE) petitions for the 2018
compliance year by finding the petitioning refineries do not face DEH
caused by compliance with their RFS obligations.\4\
---------------------------------------------------------------------------

    \1\ The CAA defines a small refinery as ``a refinery for which
the average aggregate daily crude oil throughput for a calendar year
. . . does not exceed 75,000 barrels.'' CAA section 211(o)(1)(K).
    \2\ CAA section 211(o)(9)(B)(i).
    \3\ CAA section 211(o)(9)(B)(ii).
    \4\ ``April 2022 Denial of Petitions for RFS Small Refinery
Exemptions,'' EPA-420-R-22-005, April 2022 (hereinafter the ``SRE
Denial'').
---------------------------------------------------------------------------

II. Compliance Action

    In the Compliance Action,\5\ EPA is providing 31 specific small
refineries with an alternative approach to demonstrating compliance
with their RFS renewable volume obligations created by the SRE Denial.
Each of the specified small refineries had previously been granted an
SRE for the 2018 compliance year; however, each of their petitions
again came before the Agency as the result of court remand. The
Compliance Action is necessary because EPA has determined there are
extenuating circumstances that warrant an alternative compliance
demonstration approach that the specified small refineries may use to
meet their 2018 obligations without retiring any additional RINs.
---------------------------------------------------------------------------

    \5\ ``April 2022 Alternative RFS Compliance Demonstration
Approach for Certain Small Refineries,'' EPA-420-R-22-006, April
2022.
---------------------------------------------------------------------------

III. Judicial Review

    Section 307(b)(1) of the CAA governs judicial review of final
actions by the EPA. This section provides, in part, that petitions for
review must be filed in the United States Court of Appeals for the
District of Columbia Circuit: (i) When the agency action consists of
``nationally applicable . . . final actions taken by the
Administrator,'' or (ii) when such action is locally or regionally
applicable, but ``such action is based on a determination of nationwide
scope or effect and if in taking such action the Administrator finds
and publishes that such action is based on such a determination.'' For
locally or regionally applicable final actions, the CAA reserves to the
EPA complete discretion whether to invoke the exception in (ii)
described in the preceding sentence.
    This final action is ``nationally applicable'' within the meaning
of CAA section 307(b)(1). In the alternative, to the extent a court
finds this final action to be locally or regionally applicable, the
Administrator is exercising the complete discretion afforded to him
under the CAA to make and publish a finding that this action is based
on a determination of ``nationwide scope or effect'' within the meaning
of CAA section 307(b)(1).\6\ This final action provides an alternative
approach to demonstrating compliance with the 2018 obligations for 31
small refineries across the country and applies to small

refineries located within 16 states in 7 of the 10 EPA regions and in 7
different Federal judicial circuits.\7\ This final action is based on
the extenuating circumstances applicable to these 31 small refineries
and the impacts their compliance with their newly created 2018
obligations under the existing compliance scheme would have on the RFS
program. For these reasons, this final action is nationally applicable
or, alternatively, the Administrator is exercising the complete
discretion afforded to him by the CAA and hereby finds that this final
action is based on a determination of nationwide scope or effect for
purposes of CAA section 307(b)(1) and is hereby publishing that finding
in the Federal Register.
---------------------------------------------------------------------------

    \6\ In deciding whether to invoke the exception by making and
publishing a finding that this final action is based on a
determination of nationwide scope or effect, the Administrator has
also taken into account a number of policy considerations, including
his judgment balancing the benefit of obtaining the D.C. Circuit's
authoritative centralized review versus allowing development of the
issue in other contexts and the best use of Agency resources.
    \7\ In the report on the 1977 Amendments that revised section
307(b)(1) of the CAA, Congress noted that the Administrator's
determination that the ``nationwide scope or effect'' exception
applies would be appropriate for any action that has a scope or
effect beyond a single judicial circuit. See H.R. Rep. No. 95-294 at
323, 324, reprinted in 1977 U.S.C.C.A.N. 1402-03.
---------------------------------------------------------------------------

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the District of Columbia Circuit by June 24, 2022.

Joseph Goffman,
Principal Deputy Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2022-08687 Filed 4-22-22; 8:45 am]
BILLING CODE 6560-50-P