[Federal Register Volume 76, Number 153 (Tuesday, August 9, 2011)]
[Proposed Rules]
[Pages 48754-48758]
[FR Doc No: 2011-20205]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2008-0032; FRL-9449-9]

Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Reasonably Available Control Technology, Oxides of Nitrogen,
Cleveland Ozone Non-Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve, under the Clean Air Act (CAA),
revisions to the Ohio State Implementation Plan (SIP) submitted on
January 3, 2008 and June 1, 2011. These revisions incorporate
provisions related to the implementation of nitrogen oxides
(NOX) Reasonably Available Control Technology (RACT) for
major sources in the former Cleveland-Akron-Lorain moderate ozone
nonattainment area. These rules are not required because, as
established in section 182(f) of the CAA, NOX emission
control requirements do not apply if the resulting emission reductions
are not needed to demonstrate attainment of the 8-hour ozone standard,
which is the case for the former Cleveland-Akron-Lorain moderate ozone
nonattainment area. However, these rules are being submitted and
approved for their SIP strengthening effect as the control requirements
in the submitted rules result in a RACT level of control.

DATES: Comments must be received on or before September 8, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2008-0032, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: John Mooney, Chief, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
     Hand Delivery: John Mooney, Chief, Air Programs Branch
(AR-18J), U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted
during the Regional Office normal hours of operation, and special
arrangements should be made for deliveries of boxed information. The
Regional Office official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2008-0032. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment.
    If you send an e-mail comment directly to EPA without going through
http://www.regulations.gov your e-mail address will be automatically
captured and included as part of the comment that is placed in the
public docket and made available on the Internet. If you submit an
electronic comment, EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses. For additional instructions on submitting comments, go to
section I of the SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
    Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the
Environmental Protection Agency, Region 5, Air and Radiation

Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This
Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding Federal holidays. We recommend that you telephone Steven
Rosenthal, Environmental Engineer, at<PHONE_NUMBER> before visiting
the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What should I consider as I prepare my comments for EPA?
II. What action is EPA taking today and what is the purpose of this
action?
III. What is EPA's analysis of Ohio's NOX RACT rule?
IV. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline
identified.

II. What action is EPA taking today and what is the purpose of this
action?

    EPA is proposing to approve Ohio's new rule for the control of
NOX into the Ohio SIP. This rule, Ohio Administrative Code
(OAC) 3745-110 ``Nitrogen Oxides--Reasonably Available Control
Technology,'' was submitted to EPA on January 3, 2008, and June 1,
2011. This rule consists of the following sections: OAC 3745-110-01
``Definitions,'' OAC 3745-110-02 ``Applicability,'' OAC 3745-21-110
``RACT requirements and/or limitations for emissions of NOX
from stationary sources,'' OAC 3745-11-04 ``Compliance deadlines,'' and
OAC 3745-110-05 ``Compliance methods.''
    The CAA amendments of 1990 introduced the requirement for existing
major (100 tons per year in moderate nonattainment areas) stationary
sources of NOX in nonattainment areas to install and operate
NOX RACT. Specifically, section 182(f) establishes
NOX emission control requirements for ozone nonattainment
areas. It provides that these emission control requirements, however,
do not apply to an area if the Administrator determines that
NOX emission reductions would not contribute to attainment
of the ozone standard. EPA's January 2005 document, ``Guidance on
Limiting Nitrogen Oxides Requirements Related to 8-Hour Ozone
Implementation,'' provides guidance for demonstrating that further
NOX reduction in an ozone nonattainment area will not
contribute to ozone attainment. The guidance provides that three
consecutive years of monitoring data showing attainment of the standard
without implementation of section 182(f) NOX provisions is
adequate to demonstrate that ``additional reductions of oxides of
nitrogen would not contribute to attainment * * *.'' CAA section
182(f)(1)(A). As described in the guidance document, approval of this
type of NOX exemption is contingent on continued monitored
attainment of the standard.
    On March 17, 2009, Ohio submitted a request for a waiver from the
section 182(f) NOX requirements for the Cleveland-Akron-
Lorain area based on monitoring data for the years 2006-2008 showing
attainment of the 8-hour ozone standard in the area. Based on these
data, EPA approved Ohio's request for an exemption from the section
182(f) NOX requirements in the Cleveland-Akron-Lorain area
on September 15, 2009. Because of this NOX waiver the Ohio
EPA is not required to adopt and implement NOX emission
control regulations pursuant to section 182(f) for the Cleveland-Akron-
Lorain area to qualify for redesignation. The waiver request
notwithstanding, Ohio EPA submitted NOX RACT rules to EPA on
January 3, 2008, and June 1, 2011, and has included NOX RACT
in the list of contingency measures in the maintenance plan for the
area.

III. What is EPA's analysis of Ohio's NOX RACT rule?

    These NOX RACT rules are approvable because they are
enforceable and, for the sources covered, meet all of EPA's
requirements except for the compliance dates. As discussed above, these
rules are not required because of the NOX waiver for the
Cleveland-Akron-Loraine (former nonattainment) area. A discussion of
these rules follows.

3745-110-01--Definitions

    This section contains definitions that are necessary and
appropriate for the remainder of Ohio's NOX RACT rule.

3745-110-02--Applicability

    This rule identifies the categories of NOX sources
subject to the control requirements in rule 3745-110-03. It applies to
existing very large boilers (greater than 250 mmBtu/hr), large boilers
(100 mmBtu/hr to 250 mmBTU/hr), mid-size boilers (50 mmBtu/hr to 100
mmBtu/hr), small boilers (20 to 50 mmBtu/hr), stationary combustion
turbines and stationary internal combustion engines or to any
stationary source of NOX that is located at a facility that
emits or has the potential to emit over 100 tons per year of
NOX emissions from all sources at the facility and the
source is located in Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina,
Portage, or Summit County. The control requirements in rule 3745-110-03
also apply to new (after 1974) or modified very large boilers, large
boilers, mid-size boilers, small boilers, stationary combustion
turbines, and stationary internal combustion engines.

3745-110-03--RACT Requirements for Stationary Sources

    This chapter contains control requirements for industrial boilers,
stationary combustion turbines, and stationary internal combustion
engines. The emission limits contained in this chapter for industrial
boilers (provided below), stationary combustion turbines, and
stationary internal combustion engines are consistent with EPA guidance
(generally requiring combustion controls) and other state RACT
evaluations.
    (A) Small boilers.
    The owner or operator of a small boiler must annually perform a
tune-up and maintain, in a permanently bound log book, or other format
approved in writing by the Director of Ohio EPA, the following
information:
    a) The date of the last tune-up;
    b) The name, title and affiliation of the person who performed the
tune-up and made any adjustments; and

    c) Any other information which the Ohio environmental protection
agency may require as a condition of approval of any permit for the
boiler.
    (B) Mid-size, large and very large boilers.
    Except as otherwise provided in paragraphs (I) and (J) of this
rule, on and after the compliance deadline specified by rule 3745-110-
04 of the Administrative Code, no owner or operator of a mid-size,
large, or very large boiler shall allow or permit the discharge into
the ambient air of any NOX emissions in excess of the
following:

                                                                  Emissions Limitations
                                                           [Pounds of NOX Emissions per mmBtu]
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                                                                                Spreader stoker-  Overfeed stoker-
                           Fuel type                            Tangential-fired     Wall-fired       Cyclone-fired         fired             fired
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Gas Only......................................................          \1\ 0.10          \1\ 0.10               N/A               N/A               N/A
Distillate Oil................................................          \1\ 0.12          \1\ 0.12          \1\ 0.12               N/A               N/A
Residual Oil..................................................          \2\ 0.23          \2\ 0.23          \2\ 0.23               N/A               N/A
Coal (Wet Bottom).............................................          \2\ 0.30          \2\ 0.30          \2\ 0.30               N/A               N/A
Coal (Dry Bottom).............................................          \2\ 0.30          \2\ 0.30          \2\ 0.30          \2\ 0.30          \2\ 0.30
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The NOX emission limitations for the boilers specified above may be achieved by employing the NOX emission control technologies specified below.
\1\ low NOX burners (LNB)
\2\ low NOX burners (LNB) in conjunction with flue gas recirculation (FGR) or over-fired air (OFA) as applicable.

    This rule does not contain control requirements for electric
generating units (EGUs). EPA's Cross-State Air Pollution Rule provides
statewide, not unit specific, limits for EGUs. This rulemaking does not
address whether unit specific limits are needed to satisfy RACT.
    Ohio's rule allows an emission averaging program in lieu of the
applicable emission limits for industrial boilers, stationary
combustion turbines, and stationary internal combustion engines.
However, Ohio's rule states that an emission averaging program shall
not be Federally enforceable until EPA approves the program as part of
the Ohio SIP. Any such averaging program would therefore have to be
consistent with ``Improving Air Quality with Economic Incentive
Programs, EPA-452/R-01-001, January 2001.'' Ohio's submittal includes
no such averaging programs. EPA will review any such programs if and
when submitted by Ohio.
    This chapter also requires site-specific RACT evaluations (or RACT
studies) for any applicable source that is not an industrial boiler,
stationary combustion turbine, or stationary internal combustion
engines. Site-specific RACT evaluations are also allowed for industrial
boilers, stationary combustion turbines, and stationary internal
combustion engines if the owner or operator claims that the applicable
limit is economically unreasonable and/or technically infeasible. These
RACT studies consist of a detailed engineering study to determine the
technical and economic feasibility of reducing the NOX
emissions and to define RACT for the source. Any definition of RACT and
schedule of compliance shall be submitted to and approved by EPA as a
revision of the Ohio SIP.
    This chapter contains site-specific RACT requirements for four
sources. Compliance for all of these sources is required by the
effective date of the rule, which is May 12, 2011. These sources are:
    (1) The Northeast Ohio Regional Sewer District--Southerly
Wastewater Treatment Center in Cuyahoga Heights
    This facility has two mid-sized natural gas fired boilers, with low
NOX burners, for which the presumptive limit is 0.10 lb of
NOX/mmBTU. The use of ultra low NOX burners was
considered but rejected because they would only provide an additional
18 percent reduction and a cost-effectiveness of over $50,000 per ton
of NOX removed. The requested limits of 0.15 lb of
NOX/mmBTU, based upon the use of low-NOX burners,
can therefore be reasonably considered to represent RACT for these
boilers under these particular circumstances.
    (2) ArcelorMittal Cleveland Inc.
    ArcelorMittal has 12 emission units located at its facility which
are not one of the specific source types with specified limits. A 0.35
lb/mmBTU limit for the three reheat furnaces at its Hot Strip Mill is
based upon the installation of 240 low NOX burners which has
resulted in a 51 percent reduction in NOX emission. The
Continuous Galvanizing Line is equipped with a low NOX
burner providing an estimated 50 percent NOX emission
reduction resulting in an emission limit of 0.23 lb/mmBTU. The
remaining emissions units burn natural gas or blast furnace gas as fuel
and generate relatively low NOX emissions and are subject to
limits from 0.06-0.10 lb/mmBTU. For the reasons provided above, the
above limits can reasonably be considered to represent RACT under these
particular circumstances.
    (3) Republic Engineered Products
    Republic Engineered products has 2 reheat furnaces at its facility
which are not one of the specific source types with specified limits.
These furnaces use low NOX burners with resulting emission
limitations of 0.15 and 0.132 lb/mmBTU. These limits can reasonably be
considered to represent RACT, under these particular circumstances,
because the additional reductions that could be obtained with post-
combustion controls are not cost-effective.
    (4) United States Steel Lorain Tubular Operations
    United States Steel Lorain Tubular Operations has several furnaces
at its facility which are not one of the specific source types with
specified limits. Emissions Units P003, P0037 and P040 are subject to
limits of 0.068 lb/mmBTU, 0.15 lb/mmBTU and 0.15 lb/mmBTU. These limits
are based upon the continued use of low NOX burners because
post combustion controls are not cost-effective. RACT limits have not
yet been established for Emission Units P035 and P039.

It should be noted that there are other subject sources for which RACT
limits have not yet been established.

    The emission limits specified in this rule are based upon either of
the following:
    (1) The average of three one-hour stack test runs if stack testing
is used to demonstrate compliance; or
    (2) A twenty-four-hour input-weighted average if a continuous
emissions monitor is used to demonstrate compliance.

Both of these are accepted methods for determining the lbs of
NOX/mmBTU.

3745-110-04 Compliance Deadlines

    The effective date of this chapter is December 22, 2007. For
facilities that have not conducted a RACT study, compliance is required
by December 22, 2009, if combustion modifications are required to
achieve compliance with the limits in 3745-21-03 or December 22, 2010,
if add-on controls are required to demonstrate compliance.
    For facilities conducting a RACT study, compliance is required by
two years after approval by the Director of Ohio EPA if combustion
modifications are required to demonstrate compliance. Compliance is
required by three years after approval by the Director if add-on
controls are needed to demonstrate compliance. The four facilities
identified in the discussion of rule 3745-110-03, and for which RACT
studies have been approved, were required to have achieved compliance
by May 2, 2011.
    The general emission limits for industrial boilers, stationary
combustion turbines, and stationary internal combustion engines
represent RACT. In addition, the limits for the four facilities
resulting from RACT studies can reasonably be considered to represent
RACT under the specified circumstances. It should be noted that there
are other facilities for which RACT studies are being developed that
are not currently complying with NOX RACT. EPA expects that
Ohio will adopt and submit limits for those sources once the studies
are complete, and EPA will evaluate those limits at that time. To the
extent that the facilities are subject to specific limits under rule
3745-110-03, compliance with those limits is required now, unless and
until a revised limit is approved.
    EPA's November 29, 2005, ``Final Rule To Implement the 8-Hour Ozone
National Ambient Air Quality Standard--Phase 2'' (70 FR 71612) required
that compliance be achieved by March 2009. Rule 3745-110-04 provides
for compliance dates after March 2009, but the compliance date has now
passed for all sources that are subject to the NOX limits in
this rule. Therefore, there is no longer any ozone air quality impact
from allowing facilities to have compliance deadlines after 2009 (and
there is also no way that these facilities can ever meet the March 2009
deadline). Finally, since Ohio is not currently required to adopt RACT
rules, Ohio is not required to have RACT rules with a March 2009
compliance date.

3745-110-05 Compliance Methods

    This rule requires that a source which is subject to the
requirements of rule 3745-110-03 demonstrate compliance with the
applicable emission limits by performing emission tests in accordance
with EPA Method 7, 7A, 7C, 7D, or 7E, and any additional approved EPA
methods as applicable.
    Any continuous emissions monitoring system for NOX shall
meet the requirements of Performance Specification 2, 40 CFR Part 60,
Appendix B and quality assurance procedures contained in 40 CFR Part
60, Appendix F or 40 CFR Part 75.
    These are the appropriate EPA approved methods for establishing
compliance.

Conclusion

    These rules are not required because, as established in section
182(f) of the CAA, NOX emission control requirements do not
apply if the resulting emission reductions are not needed to
demonstrate attainment of the 8-hour ozone standard, which is the case
for the former Cleveland-Akron-Lorain moderate ozone nonattainment
area. However, these rules are being submitted and approved for their
SIP strengthening effect. In addition, EPA believes that the control
requirements in the submitted rules mandate an acceptable RACT level of
control.
    As indicated above, these rules do not apply to EGUs. In addition,
there are other otherwise applicable sources that are not subject to
these rules because their RACT studies have not as yet been approved.
Finally, compliance deadlines for some sources are later than the March
2009, deadline that was established in EPA's phase 2 guidance for areas
required to adopt RACT rules pursuant to the 1997 8-hour ozone
standard. However, EPA is satisfied that the limits for sources covered
in Ohio's rule are RACT-level limits, and EPA finds the compliance
dates acceptable given that the RACT requirements (and associated
compliance deadline requirements) do not apply and given that in any
case all sources are now required to be in compliance.
    These rules are therefore being proposed for approval because they
provide additional NOX control requirements and therefore
strengthen the effectiveness of the SIP.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and

recordkeeping requirements, Volatile organic compounds.

    Dated: July 29, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-20205 Filed 8-8-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Page 11209]
[FR Doc No: 2016-04752]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9943-28-Region 6]

Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Southwestern Electric Power Company H.W.
Pirkey Power Plant in Texas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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SUMMARY: Pursuant to Clean Air Act (CAA) Section 505(b)(2) and 40 CFR
70.8(d), the Environmental Protection Agency (EPA) Administrator signed
an Order, dated February 3, 2016, granting in part and denying in part
the petition asking EPA to object to an operating permit issued by the
Texas Commission on Environmental Quality for the Southwestern Electric
Power Company (SWEPCO) H.W. Pirkey Power Plant (Title V operating
permit number O31). The EPA's February 3, 2016 Order responds to the
petition, dated October 30, 2014, submitted by the Environmental
Integrity Project (EIP) and Sierra Club. Sections 307(b) and 505(b)(2)
of the CAA provide that a petitioner may ask for judicial review by the
United States Court of Appeals for the appropriate circuit of those
portions of the Order that deny issues raised in the petition. Any
petition for review shall be filed within 60 days from the date this
notice appears in the Federal Register, pursuant to section 307(b) of
the CAA.

ADDRESSES: You may review copies of the final Order, the petition, and
other supporting information at EPA Region 6, 1445 Ross Avenue, Dallas,
Texas 75202-2733. Contact the individual listed below to view
documents. You may view the hard copies Monday through Friday, from
9:00 a.m. to 3:00 p.m., excluding Federal holidays. If you wish to
examine these documents, you should make an appointment at least 24
hours before the visiting day. Additionally, the final February 3, 2016
Order is available electronically at: http://www.epa.gov/title-v-operating-permits/order-responding-2014-petition-requesting-administrator-object-title-v.

FOR FURTHER INFORMATION CONTACT: Aimee Wilson at<PHONE_NUMBER>, email
address<EMAIL_ADDRESS>or the above EPA, Region 6 address.

SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to
review, and object, as appropriate, to a title V operating permit
proposed by a state permitting authority. Section 505(b)(2) of the CAA
authorizes any person to petition the EPA Administrator, within 60 days
after the expiration of this review period, to object to a title V
operating permit if EPA has not done so. Petitions must be based only
on objections to the permit that were raised with reasonable
specificity during the public comment period provided by the state,
unless the petitioner demonstrates that it was impracticable to raise
such objections during the comment period or unless the grounds for the
objection arose after this period.
    The Petitioners maintain that the SWEPCO title V operating permit
is inconsistent with the Act based on the following contentions: (1)
The proposed permit for the Pirkey Power Plant impermissibly provides
for exemptions from title V applicable requirements during planned
maintenance, startup, and shutdown (MSS) activities; and (2) the
proposed permit must clarify that credible evidence may be used by
citizens to enforce the terms and conditions of the permit. The claims
are described in detail in Section IV of the Order.
    Pursuant to sections 505(b) and 505(e) of the Clean Air Act (42
U.S.C. 7661d(b) and (e)) and 40 CFR 70.7(g) and 70.8(d), the Texas
Commission on Environmental Quality (TCEQ) has 90 days from the receipt
of the Administrator's order to resolve the objections identified in
Claim 1 of the Order and submit a proposed determination or
termination, modification, or revocation and reissuance of the SWEPCO
title V permit in accordance with EPA's objection. The Order issued on
February 3, 2016 responds to the Petition and explains the basis for
EPA's decision.

    Dated: February 24, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016-04752 Filed 3-2-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 244 (Wednesday, December 19, 2012)]
[Proposed Rules]
[Pages 75082-75085]
[FR Doc No: 2012-30450]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2012-0001; FRL-9372-6]

Notice of Receipt of Several Pesticide Petitions Filed for
Residues of Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petitions and request for comment.

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SUMMARY: This document announces the Agency's receipt of several
initial filings of pesticide petitions requesting the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.

DATES: Comments must be received on or before January 18, 2013.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the pesticide petition number (PP) of interest as shown
in the body of this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.

Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: A contact person, with telephone
number and email address, is listed at the end of each pesticide
petition summary. You may also reach each contact person by mail at
Registration Division (7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
    [emsp14]Crop production (NAICS code 111).
    [emsp14]Animal production (NAICS code 112).
    [emsp14]Food manufacturing (NAICS code 311).
    [emsp14]Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed at the end of
the pesticide petition summary of interest.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.

    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. What action is the agency taking?

    EPA is announcing its receipt of several pesticide petitions filed
under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA),
(21 U.S.C. 346a), requesting the establishment or modification of
regulations in 40 CFR part 180 for residues of pesticide chemicals in
or on various food commodities. The Agency is taking public comment on
the requests before responding to the petitioners. EPA is not proposing
any particular action at this time. EPA has determined that the
pesticide petitions described in this document contain the data or
information prescribed in FFDCA section 408(d)(2); however, EPA has not
fully evaluated the sufficiency of the submitted data at this time or
whether the data support granting of the pesticide petitions. After
considering the public comments, EPA intends to evaluate whether and
what action may be warranted. Additional data may be needed before EPA
can make a final determination on these pesticide petitions.
    Pursuant to 40 CFR 180.7(f), a summary of each of the petitions
that are the subject of this document, prepared by the petitioner, is
included in a docket EPA has created for each rulemaking. The docket
for each of the petitions is available online at http://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), (21 U.S.C. 346a(d)(3)),
EPA is publishing notice of the petition so that the public has an
opportunity to comment on this request for the establishment or
modification of regulations for residues of pesticides in or on food
commodities. Further information on the petition may be obtained
through the petition summary referenced in this unit.
New Tolerances
    1. PP 2E7980. (EPA-HQ-OPP-2012-0454). Syngenta Crop Protection,
LLC, P.O. Box 18300, Greensboro, NC 27419-8300, requests to establish
tolerances in 40 CFR part 180 for residues of the fungicide
fenpropidin, 1-[3-[4-(1,1-dimethylethyl) phenyl]-2-methyl-propyl]
piperidine in or on banana, unbagged fruit at 9 parts per million (ppm)
and banana, pulp from unbagged fruit at 0.4 ppm using the Organization
for Economic Cooperation and Development/Maximum residue level (OECD/
MRL) calculator. An adequate, validated method is available for
enforcement purposes (method REM 164.09). Final determination is
carried out with triple quadrupole mass spectrometric detection liquid
chromatography-mass spectrometry ((LC-MS/MS), Applied Biosystems API
3,000 detector). Contact: Tamue L. Gibson,<PHONE_NUMBER>, email
address<EMAIL_ADDRESS>    2. PP 2E8011. (EPA-HQ-OPP-2012-0858). Syngenta Crop Protection,
LLC, P.O. Box 18300, Greensboro, NC, 27419, requests to establish a
tolerance in 40 CFR part 180 for residues of the insecticide
thiamethoxam (3-[(2-chloro-5-thiazolyl)methyl] tetrahydro-5-methyl-N-
nitro-4H-1,3,5-oxadiazin-4-imine) (CAS Reg. No. 153719-23-4) and its
metabolite [N-(2-chloro-thiazol-5-yl)methyl]-N'-methyl-N'-nitro-
guanidine, in or on tea at 20 ppm. Syngenta Crop Protection, LLC, has
submitted practical analytical methodology for detecting and measuring
levels of thiamethoxam in or on raw agricultural commodities. This
method is based on crop specific cleanup procedures and determination
by LC with either ultraviolet (UV) or mass spectrometry (MS)
detections. Contact: Jennifer Urbanski,<PHONE_NUMBER>, email address:
<EMAIL_ADDRESS>    3. PP 1F7826. (EPA-HQ-OPP-2012-0815). State of Florida, Department
of Citrus, 605 East Main Street, P.O. Box 9010, Bartow, FL 33831-9010,
requests to establish tolerances in 40 CFR part 180 for residues of the
fungicide 5-chloro-3-methyl-4-nitro-1H-pyrazole (CMNP) and its
metabolite (5-chloro-4-nitro-1H-pyrazol-3-yl)-methanol (CHNP), in or on
oranges at 0.80 ppm and its processed commodities: Orange, juice at
0.025 ppm; orange, oil at 0.070 ppm; and orange, dried pulp (also
referred to as dried pomace) at 1.80 ppm. In all plant matrices, the
residue of concern, parent CMNP and CHNP/CHNP glucoside, can be
determined using high performance liquid chromatography/tandem mass
spectrometry (HPLC/MS-MS) following sample extraction, hydrolysis (to
convert CHNP-glucoside to its aglycone, CHNP) and solid-phase clean up.
Contact: Tony Kish,<PHONE_NUMBER>, email address<EMAIL_ADDRESS>    4. PP 2F8044. (EPA-HQ-OPP-2012-0876). Bayer CropScience, 2 T.W.
Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709,
requests to establish tolerances in 40 CFR part 180 for residues of the
fungicide prothioconazole, 2-[2-(1-chlorocyclopropyl)-3-(2-
chlorophenyl-2-hydroxypropyl]-1,2-dihydro-3H-1,2,4-triazole-3-thione
and its desthio metabolite, in or on bushberry crop subgroup 13-07B at
2.0 ppm; low growing berry crop subgroup 13-07H (except strawberry) at
0.15 ppm; and cucurbit vegetables crop group 9 at 0.3 ppm. The
analytical method for determining residues of concern in plants
extracts residues of prothioconazole and JAU6476-desthio and converts
the prothioconazole to JAU6476-desthio and JAU6476-sulfonic acid.
Following the addition of internal standards, the sample extracts are
analyzed by LC/MS/MS. The analytical method for analysis of large
animal tissues includes extraction of the residues of concern, followed
by addition of an internal standard to the extract. The extract is then
hydrolyzed to release conjugates, partitioned and analyzed by LC/MS/MS
as prothioconazole, JAU6476-desthio and JAU6476-4-hydroxy. The method
for analysis of milk eliminated the initial extraction step in the
tissue method. Contact: Rosemary Kearns,<PHONE_NUMBER>, email address:
<EMAIL_ADDRESS>    5. PP 2F8053. (EPA-HQ-OPP-2012-0638). BASF Corporation, 26 Davis
Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528, requests
to establish tolerances in 40 CFR part 180 for residues of the
fungicide fluxapyroxad, (BAS 700 F); 1H-Pyrazole-4-carboxamide,3-
(difluoromethyl)-1-methyl-N-(3',4',5'-trifluoro[1,1'-biphenyl]-2-yl)-,
its metabolites, and degradates, in or on almond at 0.05 ppm; almond,
hulls at 4.0 ppm; berry, low growing, subgroup 13-07G at 4.0 ppm;
bushberry, subgroup 13-07B at 6.0 ppm; caneberry, subgroup 13-07A at
6.0 ppm; fruit, small, vine climbing, except fuzzy kiwifruit, subgroup
13-07F at 2.0 ppm; grapes at 2.0 ppm; grapes, raisin at 5.7 ppm; pecans
at 0.05 ppm; rice, bran at 8.5 ppm; rice, grain at 5.0 ppm; rice, hulls

at 15.0 ppm; rice, straw at 20.0 ppm; strawberry at 4.0 ppm; sugarcane,
cane at 3.0 ppm; vegetable, Brassica leafy, group 5 at 3.0 ppm;
vegetable, bulb, group 3-07 at 0.8 ppm; vegetable, cucurbit, group 9 at
0.4 ppm; vegetable, leafy, except Brassica, group 4 at 15.0 ppm;
vegetable, root, except sugar beet, subgroup 1B at 0.7 ppm.
Independently validated analytical methods have been submitted for
analyzing residues of parent BAS 700 F (fluxapyroxad) plus metabolites
M700F008, M700F048 and M700F002 with appropriate sensitivity in all the
crop and processed commodities for root and tuber vegetables, subgroups
1A,1C, D, sugar beet tops, legume vegetables including soybean, group
6, foliage of legume vegetables, group 7, fruiting vegetables, group 8,
pome fruits, group 11, stone fruits, group 12, cereal grains, group 15,
forage, fodder and straw of cereal grains, group 16, cotton, canola,
rapeseed, sunflower, and peanut, and in animal meat, fat, liver and
kidney matrices, poultry meat, fat, liver and skin, milk, cream and
eggs for which tolerances have been established. Contact: Olga Odiott,
(703) 308-9369, email address<EMAIL_ADDRESS>    6. PP 2F8067. (EPA-HQ-OPP-2012-0841). Monsanto Company, 1300 I St.,
NW., Suite 450 East, Washington, DC 20052, requests to establish
tolerances in 40 CFR part 180 for residues of the herbicide dicamba,
(3,6-dichloro-o-anisic and its metabolites 3,6-dichloro-5-hydroxy-o-
anisic acid (5-OH dicamba) and 3,6-dichloro-2-hydroxybenzoic acid
(DCSA), in or on cotton, undelinted seed at 3 ppm and cotton, gin
byproducts at 70 ppm. Adequate enforcement methods are available for
the analysis of residues of dicamba and its relevant metabolites in or
on plant and livestock commodities. Pesticide Analytical Manual (PAM)
Vol. II, lists appropriate analytical methods, based on GC with
electron capture detection (GC/ECD), that are sufficient to provide for
the enforcement of proposed dicamba tolerances in cottonseed and cotton
gin by-products. Contact: Michael Walsh,<PHONE_NUMBER>, email address:
<EMAIL_ADDRESS>    7. PP 2F8076. (EPA-HQ-OPP-2012-0796). Chemtura Corporation, 199
Benson Rd, Middlebury, CT 06749, requests to establish a tolerance in
40 CFR part 180 for residues of the fungicide ipconazole (2-[(4-
chlorophenyl)methyl]-5-(1-methylethyl)-1-(1H-1,2,4-triazole-1-
ylmethyl)cyclopentanol) from the treatment of seed prior to planting in
or on legume vegetables, succulent or dried, crop group 6 at 0.01 ppm.
Analytical methods have been developed, validated (including
radiovalidation), and independently validated for the determination of
ipconazole, triazolylalanine, triazolylacetic acid and
triazolylpyruvate in wheat forage, hay, straw, and grain and in corn
forage, cobs and straw using LC-MS/MS. Contact: Dominic Schuler, (703)
347-0260, email address<EMAIL_ADDRESS>    8. PP 2F8113. (EPA-HQ-OPP-2012-0885). Syngenta Crop Protection,
LLC, 410 Swing Road, P.O. Box 18300, Greensboro, NC 27419-8300,
requests to establish tolerances in 40 CFR part 180 for residues of the
fungicide sedaxane, N -[2-[1,1'-bicyclopropyl]-2-ylphenyl]-3-
(difluoromethyl)-1-methyl-1 H -pyrazole-4-carboxamide, as the sum of
its cis- and trans- isomers, as a seed treatment in or on potato at
0.02 ppm and potato, wet peel at 0.06 ppm. Various crops were analyzed
for sedaxane (parent only) using a procedure for analysis of sedaxane
(SYN524464) that can distinguish between its trans- and cis- isomers
(SYN508210 and SYN508211). Plant matrices using method GRM023.01A, or
modified method GRM023.01B are taken through an extraction procedure
with final determination by high performance liquid chromatography
(HPLC) with triple quadrupole MS detection (LC-MS/MS). Contact: Heather
Garvie,<PHONE_NUMBER>, email address<EMAIL_ADDRESS>Amended Tolerances
    1. PP 2F7992. (EPA-HQ-OPP-2012-0575). Syngenta Crop Protection,
LLC, Regulatory Affairs, P.O. Box 18300, Greensboro, NC 27419-8300,
requests to amend the tolerances in Sec.  180.475 for residues of the
fungicide difenoconazole, 1 [2-[2-chloro-4-(4-chlorophenoxy)]phenyl-4-
methyl-1,3-dioxolan-2-ylmethyl]-1H-1,2,4,-triazole), in or on
vegetables, tuberous and corm, subgroup 1C from 0.01 ppm to 4.0 ppm;
and by removing the established tolerance in or on the raw agricultural
commodity potatoes, processed waste at 0.04 ppm. Syngenta Crop
Protection, Inc., has submitted a practical analytical method (AG-575B)
for detecting and measuring levels of difenoconazole in or on food with
a limit of quantitation (LOQ) that allows monitoring of food with
residues at or above the levels set in the proposed tolerances.
Residues are qualified by LC/MS/MS; and has submitted a practical
analytical method (AG-544A) for detecting and measuring levels of
difenoconazole in or on cattle tissues and milk and poultry tissues and
eggs, with a LOQ that allows monitoring of food with residues at or
above the levels set in the proposed tolerances. Contact: Rosemary
Kearns,<PHONE_NUMBER>, email address<EMAIL_ADDRESS>    2. PP 2F8076. (EPA-HQ-OPP-2012-0796). Chemtura Corporation, 199
Benson Rd, Middlebury, CT 06749, requests to amend the tolerance in
Sec.  180.646 for residues of the fungicide ipconazole, (2-[(4-
chlorophenyl)methyl]-5-(1-methylethyl)-1-(1H-1,2,4-triazole-1-
ylmethyl)cyclopentanol) by deleting the tolerance for pea and bean,
dried shelled, except soybean, subgroup 6C at 0.01 ppm, upon approval
of legume vegetables (succulent or dried), crop group 6 at 0.01 ppm
under ``New Tolerance'' for PP 2F8076. Contact: Dominic Schuler, (703)
347-0260, email address<EMAIL_ADDRESS>    3. PP 2F8085. (EPA-HQ-OPP-2012-0843). Dow AgroSciences, LLC, 9330
Zionsville Road, Indianapolis, IN 46268, requests to amend the
tolerances in Sec.  180.560 for the combined residues of cloquintocet-
mexyl (acetic acid, [(5-chloro-8-quniolinyl)oxy]-, 1-methylhexyl ester)
(CAS No. 99607-70-2) and its acid metabolite (5-chloro-8-
quinlinoxyacetic acid), when used as an inert ingredient (safener) in
pesticide formulations containing the new active ingredient halauxifen-
methyl (XDE-729 methyl), in or on barley, grain at 0.1 ppm; barley, hay
at 0.1 ppm; barley, straw at 0.1 ppm; wheat, forage at 0.2 ppm; wheat,
grain at 0.1ppm; wheat, hay at 0.5 ppm; and wheat, straw at 0.1 ppm.
Specifically, this pesticide petition proposes to amend the tolerance
expression by adding a reference to the new herbicide active ingredient
halauxifen-methyl (XDE-729 methyl). Tolerances are already established
for use of cloquintocet-mexyl in conjunction with other herbicides.
This petition will not change the established tolerance levels.
Adequate enforcement methodology is available to enforce the tolerance
expression in the Federal Register of June 29, 2011 (76 FR 38035) (FRL-
8877-2). There are two enforcement methods available. The HPLC with
Ultraviolet Detection (HPLC/UV) method REM 138.01 is for the
determination of cloquintocet-mexyl (parent) and the HPLC/UV Method REM
138.10 allows determination of its acid metabolite (also known as CGA-
153433). Contact: Mindy Ondish,<PHONE_NUMBER>, email address:
<EMAIL_ADDRESS>New Tolerance Exemptions
    1. PP 2E8027. (EPA-HQ-OPP-2012-0777). Honeywell International,
Inc., 101 Columbia Road, Morristown, NJ 07962-1053, requests to
establish an

exemption from the requirement of a tolerance for residues of trans-1-
chloro-3,3,3-trifluoropropene (CAS No. 102687-65-0) under Sec. Sec.
180.910, 180.930, and 180.940 when used as a pesticide inert ingredient
(propellant) in pesticide formulations. No analytical method is
included as this is a petition for exemption from the requirements of a
tolerance. Contact: Lisa Austin,<PHONE_NUMBER>, email address:
<EMAIL_ADDRESS>    2. PP 2E8082. (EPA-HQ-OPP-2012-0789). Sekisui Specialty Chemicals,
1501 West, LBJ Freeway, Dallas, TX 75234, requests to establish an
exemption from the requirement of a tolerance for residues of 2-
pyrrolidone, 1-ethenyl-, polymer with ethenol (CAS No. 26008-54-8)
under Sec.  180.960 when used as a pesticide inert ingredient in
pesticide formulations for a packaging film for unit dose packaging of
pesticides and pool sanitizers. The petitioner believes no analytical
method is needed because it is not required for the establishment of a
tolerance exemption for inert ingredients. Contact: David Lieu, (703)
305-0079, email address<EMAIL_ADDRESS>
List of Subjects

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: December 11, 2012.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2012-30450 Filed 12-18-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 14, 2008 (Volume 73, Number 135)]
[Notices]
[Page 40399-40400]
[DOCID:fr14jy08-129]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Extension of Existing Collection; Comment Request

Upon Written Request, Copies Available From: U.S. Securities and
Exchange Commission, Office of Investor Education and Advocacy,
Washington, DC 20549-0213.

Extension:
    Rule 17a-19; OMB Control No. 3235-0133; SEC File No. 270-148;
Form X-17A-19.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(``Commission'') is soliciting comments on the existing collection of
information provided for in the following rule: Rule 17a-19 (17 CFR
240.17a-19) and Form X-17A-19 (17 CFR 249.635) under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.) (``Exchange Act''). The
Commission plans to submit this existing collection of information to
the Office of Management and Budget for extension and approval.
    Rule 17a-19 requires every national securities exchange and
registered national securities association to file a Form X-17A-19 with
the Commission within 5 business days of the initiation, suspension, or
termination of any member and, when terminating the membership interest
of any member, to notify that member of its obligation to file
financial reports as required by Exchange Act Rule 17a-5(b) (17 CFR
240.17a-5).
    The Commission uses the information contained in Form X-17A-19 to
assign the appropriate self-regulatory organization to be the
designated examining authority for the member firm. This information is
also used by the Securities Investor Protection Corporation (``SIPC'')
in determining which self-regulatory body is the collection agent for
the SIPC fund.

    The information requested by Form X-17A-19 is obtained from the
respondent's membership files. The Commission staff estimates that, in
its experience, Form X-17A-19 can be completed and signed within 15
minutes. The number of responses per year per respondent varies,
depending on the number of membership changes reported. The number of
filings is approximately 600 per year. The aggregate time spent by all
respondents per year in complying with the rule is therefore
approximately 150 hours (600 responses times 1/4 hour equals 150
hours).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    Comments should be directed to Lewis W. Walker, Acting Director/
Chief Information Officer, Securities and Exchange Commission, c/o
Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312 or send
an e-mail to<EMAIL_ADDRESS>
    Dated: July 7, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-15905 Filed 7-11-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Notices]
[Page 71619]
[FR Doc No: 2011-29892]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Availability of the Final Environmental Assessment (EA) and
Finding of No Significant Impact (FONSI) for Issuing an Experimental
Permit to SpaceX for Operation of the Grasshopper Vehicle at the
McGregor Test Site, Texas

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation.

ACTIONS: Notice.

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

SUMMARY: In accordance with the National Environmental Policy Act
(NEPA) of 1969, 42 United States Code Sec.  4321-4347 (as amended),
Council on Environmental Quality (CEQ) NEPA implementing regulations
(40 Code of Federal Regulations [CFR] Parts 1500-1508), and FAA Order
1050.1E, Change 1, the FAA is announcing the availability of the Final
EA and FONSI for Issuing an Experimental Permit to SpaceX for Operation
of the Grasshopper Vehicle at the McGregor Test Site, Texas.
    The Final EA was prepared in response to an application for an
experimental permit from Space Exploration Technologies Corporation
(SpaceX). Under the Proposed Action, the FAA would issue an
experimental permit to SpaceX to conduct suborbital launches and
landings of the Grasshopper Reusable Launch Vehicle (RLV) from the
McGregor test site in McGregor, Texas. The Grasshopper RLV is a
vertical takeoff and vertical landing vehicle. The McGregor test site
is located within the city limits of the City of McGregor, Texas in
Coryell and McLennan Counties, approximately 20 miles southwest of
Waco, Texas. The Final EA addresses the potential environmental impacts
of implementing the Proposed Action and the No Action Alternative of
not issuing an experimental permit to SpaceX.
    The FAA has posted the Final EA and FONSI on the FAA/AST Web site
at http://www.faa.gov/about/office_org/headquarters_offices/ast/. In
addition, copies of the Final EA and FONSI were sent to persons and
institutions on the distribution list (see Chapter 8 of the Final EA).
A paper copy of the Final EA and FONSI may be reviewed during regular
business hours at the following location: McGinley Memorial Library,
317 Main Street, McGregor, Texas 76657.
    Additional Information: Under the Proposed Action, the FAA would
issue an experimental permit to SpaceX, which would authorize SpaceX to
conduct suborbital launches and landings of the Grasshopper RLV from
the McGregor test site in McGregor, Texas. SpaceX has determined that
to support the Grasshopper RLV activities under the experimental
permit, it would be necessary to construct a launch pad and additional
support infrastructure (water lines). Therefore, the Proposed Action
analyzed in the Final EA includes the activities that would be
authorized by the experimental permit (i.e., the operation of the
launch vehicle) as well as the construction of the launch pad and
installation of water lines. The experimental permit would be valid for
one year and would authorize an unlimited number of launches. The FAA
could renew the experimental permit if requested, in writing, by SpaceX
at least 60 days before the permit expires. SpaceX anticipates that the
Grasshopper RLV program would require up to 3 years to complete.
Therefore, the Proposed Action considers one new permit and two
potential permit renewals.
    Although an experimental permit would authorize an unlimited number
of launches, the FAA, in conjunction with SpaceX, developed a
conservative set of assumptions regarding the possible number of
launches that could be conducted under any one experimental permit for
the Grasshopper RLV at the McGregor test site. The FAA has assumed that
SpaceX would conduct up to 70 annual suborbital launches of the
Grasshopper RLV under an experimental permit at the McGregor test site.
This estimation is a conservative number and considers potential
multiple launches per day and potential launch failures.
    The only alternative to the Proposed Action analyzed in the Final
EA is the No Action Alternative. Under the No Action Alternative, the
FAA would not issue an experimental permit to SpaceX for operation of
the Grasshopper RLV at the McGregor test site. Existing SpaceX
activities would continue at the McGregor test site. Please refer to
Section 2.2 of the Final EA for a brief discussion of existing SpaceX
activities.
    The resource areas considered in the Final EA include air quality;
noise and compatible land use; land use (including U.S. Department of
Transportation Section 4(f) Properties); biological resources (fish,
wildlife, and plants); historical, architectural, archaeological, and
cultural resources; hazardous materials, pollution prevention, and
solid waste; light emissions and visual resources; natural resources
and energy supply; water resources (surface waters and wetlands,
groundwater, floodplains, and water quality); socioeconomics,
environmental justice, and children's environmental health and safety;
and secondary (induced) impacts. Potential cumulative impacts of the
Proposed Action were also addressed in the Final EA.
    An analysis of the Proposed Action has concluded that there would
be no significant short-term, long-term, or cumulative effects to the
environment or surrounding populations. Therefore, an Environmental
Impact Statement for the Proposed Action is not required. After careful
and thorough consideration of the facts contained herein, the FAA finds
that the proposed Federal action is consistent with existing national
environmental policies and objectives as set forth in Section 101 of
NEPA and other applicable environmental requirements and will not
significantly affect the quality of the human environment or otherwise
include any condition requiring consultation pursuant to Section
102(2)(c) of NEPA.

FOR FURTHER INFORMATION CONTACT: Mr. Daniel Czelusniak, Environmental
Program Lead, Office of Commercial Space Transportation, Federal
Aviation Administration, 800 Independence Avenue SW., Room 325,
Washington, DC 20591; telephone<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
    Issued in Washington, DC, on November 11, 2011.
Glenn H. Rizner,
Deputy Manager, Space Transportation Development Division.
[FR Doc. 2011-29892 Filed 11-17-11; 8:45 am]
BILLING CODE 4310-13-P


STANDARD REVIEW EXPOSURE REPORT

This assessment is based on Standard Review Draft, dated 12/17/2012.

Chemical ID:   P-13-0107							Reviewer: Kwon/SS

Results Table: Dose, Concentration, and Days Exceeded Results Summary

Exposure Scenario1	Water	Landfill	Stack Air	Fugitive Air

Release activity(ies)2; exposure calculation(s)3	Drinking Water	Fish Ingestion	7Q104

μg/l	# Days	mg/kg/day	mg/kg/day	mg/kg/day	mg/kg/day	mg/kg/day

PROC/USE: Max ADR, PDM, LADD	1.29E-02	3.32E-04	9.30E-02	1.42E-03	264.18 300	1.56E-03	1.29E-02	8.46E-04	5.52E-02	1.46E-03

Exposure Based Criteria

Parameter	Exp Based	Persistent	Exceedance Value

Drinking (Surface) Water Dose (mg/kg/day)	No	NA

	Fish Ingestion Dose (mg/kg/day)	No	NA

	Inhalation Dose (mg/kg/day)	No	NA

	Groundwater Dose (mg/kg/day)	No	NA

	Surface Water Release After Treatment (kg/yr)	Yes	NA	2460

Total Release After Treatment (kg/yr)	Yes	NA	30,197.52

Consumer Use?	Yes	NA

 STANDARD REVIEW EXPOSURE REPORT

Chemical ID: P-13-0107	       Assessor: Kwon/SS

ENVIRONMENTAL RELEASES

 Scenario#:1	       Number of Release Sites: 4.

 Release Activity:	PROC/USE: Maz ADR, PDM, LADD

 Release Description:	WATER	LANDFILL

Non-sludge/Sludge 	STACK	FUGITIVE

Total Releases:	2.46E+04	3.01E+04	1.25E+04	2646.00

	(kg/yr)	(kg/yr)	(kg/yr)	(kg/yr)

Non-sludge/Sludge

Release Days/yr:	300.00	 ADVANCE \D 4.95 1.00/0.00	300.00	300.00

Per Site Release:	20.50	7515.00/0.00	10.40	2.21

	(kg/site/day)	(kg/site/day)	(kg/site/day)	(kg/site/day)

Remarks:

STANDARD REVIEW EXPOSURE REPORT

               Chemical ID: P-13-0107

SIC-CODE BASED  HUMAN AND AQUATIC EXPOSURES TO SURFACE WATER RELEASES

SCENARIO #: 1	Number of Sites: 4	RELEASE ACTIVITY:PROC/USE: Maz ADR, PDM, LADD

SIC-CODE DESCRIPTION: POTW (Indust., includes POTWs which receive ind. disch.)

SIC-CODE (S): Subset of 4952	EXPOSED POPULATION: Adult

WWT

REMOVAL

(%)

RELEASE

DAYS	PRETREATMENT RELEASE (kg/site/day)	POSTTREATMENT RELEASE (kg/site/day)	DWT

(%)

BCF

(L/kg)

90.00	300.        	20.5        	2.05	0.00	1000.00

AQUATIC EXPOSURE ESTIMATES - SURFACE WATER

PLANT TYPE	% ILE

FACILITY	STREAM FLOW (MLD)	STREAM CONC. (μg/l)

Harmonic Mean

30Q5

7Q10

1Q10	Harmonic Mean

30Q5

7Q10

1Q10

ALL	50	288.00	123.84	78.18	66.05	7.12	16.55	26.22	31.04

ALL	10	39.60	13.29	7.76	7.57	51.77	154.25	264.18	270.81

DRINKING WATER AND FISH INGESTION EXPOSURE ESTIMATES

Exposure Units	Drinking Water Results	Drinking Water Units

Fish Ingestion Results	Fish Ingestion Units

	50%	10%

50%	10%

	Cancer

LADDpot 	4.56E-05	3.32E-04	mg/kg/day	1.96E-04	1.42E-03	mg/kg/day

LADCpot 	2.34E-03	1.70E-02	mg/L	2.34	17.02	mg/kg

Acute

ADRpot 	1.38E-03	1.29E-02	mg/kg/day	1.28E-02	9.30E-02	mg/kg/day

SIC Code Comments:

STANDARD REVIEW EXPOSURE REPORT

               Chemical ID:  P-13-0107

SIC CODE EXPOSURES TO SURFACE WATER RELEASES

SCENARIO #: 1	RELEASE ACTIVITY: PROC/USE: Maz ADR, PDM, LADD

SIC CODE DESCRIPTION: POTW (Indust., includes POTWs which receive ind. disch.)

ASSOCIATED SIC CODES: Subset of 4952

SIC CODE RESULTS

COC (μg/L)	Percent of Year COC Exceeded	Number of Days COC Exceeded Release days/year	Loading (kg/site/day)	Waste Water

Treatment (%)	High/Avg

Analysis

1.00	82	300	300.00	20.50	90.00	High

STANDARD REVIEW EXPOSURE REPORT

Chemical ID: P-13-0107

DRINKING WATER EXPOSURE ESTIMATES FROM LANDFILL RELEASES

SCENARIO #: 1	ACTIVITY: PROC/USE: Maz ADR, PDM, LADD

RELEASE DESCRIPTION:

EXPOSED POPULATION: Adult

NUMBER OF

SITES	NON-SLUDGE LANDFILL RELEASE AND DAYS OF RELEASE

(kg/site/day)/(days)	 LANDFILLED SLUDGE1

AND DAYS OF RELEASE

(kg/site/day)/(days)

MIGRATION DESCRIPTOR2	ADSORPTION TO WASTEWATER SLUDGE

 (%)	DRINKING WATER TREATMENT

 (%)

4.          	7515.00/1.00	0.00/0.00	Slow	0.00	0.00

                1     Landfilled sludge equals the fraction adsorbed to wastewater treatment sludge times the surface

               water pre-treatment release.

  SEQ CHAPTER \h \r 1                 2 	Migration Descriptor		Log Koc	 Groundwater Concentration (GWC)

							(mg/L per kg release)

	Negligible			no migration 	None

Negligible to slow 		> 4.5 		3.21E-6

Slow 				<4.5 to 3.5 	2.67E-5

Moderate 			<3.5 to 2.5 	5.95E-5

Rapid 				<2.5 		7.55E-5

        Exposure Units

Results	ASSUMPTIONS

ED

(years)	AT

(years)	BW

(kg)	IR

 (L/day)

Cancer

LADDpot (mg/kg/day)	1.56E-03	30.00	75.00	71.80	1.40

LADCpot (mg/L)	8.03E-02	30.00	75.00	NA	NA

REMARKS:

STANDARD REVIEW EXPOSURE REPORT

Chemical ID: P-13-0107

INHALATION EXPOSURE ESTIMATES (POST-TREATMENT)

SCENARIO #: 1	RELEASE ACTIVITY:PROC/USE: Maz ADR, PDM, LADD

RELEASE DESCRIPTION:

METHOD OF CALCULATION: Screen3

EXPOSED POPULATION: Adult

Number of Sites:	4.

	Per Site Fugitive Release:	2.21	kg/site/day

Fugitive Release Days per Year:	300.00	days

% Removal via Fugitive Release:	0.00	%

Total Fugitive Release:	2646.00	kg/yr

Max Annual Average Air Concentration (Fugitive):	19.80	µg/m3

Max 24 Hour Average Air Concentration(Fugitive):	300.00	µg/m3

Per Site Stack Release:	10.40	kg/site/day

Stack Release Days per Year:	300.00	days

% Removal via Stack Release:	0.00	%

Total Stack Release:	1.25E+04	kg/yr

Max Annual Average Air Concentration (Stack):	11.50	µg/m3

Max 24 Hour Average Air Concentration (Stack):	70.00	µg/m3

Exposure Units

Results

(Stack)

Results

(Fugitive)	ASSUMPTIONS

	ED

(years)	AT

(years)	BW

(kg)	Inh. Rate (m3/hr)

Cancer

LADDpot (mg/kg/day)	8.46E-04	1.46E-03	30.00	75.00	71.80	0.55

LADCpot (mg/m3)	4.60E-03	7.92E-03	30.00	75.00	NA	NA

Acute

ADRpot (mg/kg/day)	1.29E-02	5.52E-02	NA	1 day	71.80	0.55

Inhalation Comments:               Stack Parameter Data                                                        Fugitive Parameter Data

Stack Height	10.00	m	Release Height:	3.00	m

Inside Stack Diameter:	0.10	m	Length of Release Opening:	10.00	m

Stack Gas Exit Velocity:	0.10	m/sec	Width of Release Opening:	10.00	m

Stack Gas Temperature:	293.00	K

	Meteorological and Terrain Information:

Surrounding Land Use:	Rural

	Terrain Height:	0.00	m

Distance to Residence of Interest:	100.00	m

Meteorological Class:	Full

	Stability Class:	NA

	Wind Speed:	NA

	Downwash Information:

Facility Length:	NA	m

Facility Width:	NA	m

Facility Height:	NA	m

 PRIVATE  CEM Inputs	ID Number: P-12-0282,22

Product: unknown	Chemical Name: P-12-0282

Scenario: Used Motor Oil	Population: Adult

Molecular Weight (g/mole):	302

Consumer Product Weight Fraction - Central Tendency (unitless):	0.3 Consumer Product Weight Fraction - High-End (unitless):	0.3

Inhalation Inputs

There are no Inhalation inputs for this scenario.

Activity Patterns

There are no Activity Patterns for this scenario.

Dermal Inputs

Frequency of Use -  (chronic) (events/yr): 	4	SA/BW -  (cm2/kg):	7.8

Frequency of Use -  (acute) (events/day):	1

 	 	Exposure Duration (years) chronic:	57

 	 	Exposure Duration (days) acute:	1

Amount Retained/Absorbed to Skin (g/cm2-event):	0.0105

Averaging Time (chronic) (days):	2.74e+04	Averaging Time (acute) (days) :	1

	 PRIVATE

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ᨀೖ혛，᳿ೖ혝 ，懿϶ʐ瑹䷋Òကguidance for assessing short-term, infrequent events (for most chemicals, an exposure of less than 24 hours that occurs no more frequently than monthly) is to treat such events as independent, acute exposures rather than as chronic exposure.  (Methods for Exposure-Response Analysis for Acute Inhalation Exposure to Chemicals (External Review Draft). EPA/600/R-98/051. April 1998)

1/9/13		page            of


[Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)]
[Notices]
[Page 25436]
[FR Doc No: 2013-10159]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2013-0001; FRL-9382-7]

SFIREG Environmental Quality Issues Committee; Notice of Public
Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Association of American Pesticide Control Officials
(AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG),
Environmental Quality Issues (EQI) Committee will hold a 2-day meeting,
beginning on May 20, 2013 and ending May 21, 2013. This notice
announces the location and times for the meeting and sets forth the
tentative agenda topics.

DATES: The meeting will be held on Monday, May 20, 2013 from 8:30 a.m.
to 5 p.m. and 8:30 a.m. to 12 noon on Tuesday May 21, 2013.
    To request accommodations of a disability, please contact the
person listed under FOR FURTHER INFORMATON CONTACT, preferably at least
10 days prior to the meeting, to give EPA as much time as possible to
process your request.

ADDRESSES: The meeting will be held at EPA, One Potomac Yard (South
Bldg.), 2777 Crystal Dr., Arlington VA, in the 4th Floor South
Conference Room.

FOR FURTHER INFORMATION CONTACT: Ron Kendall, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>or Grier Stayton, SFIREG Executive
Secretary, P.O. Box 466, Milford DE 19963; telephone number (302) 422-
8152; fax<PHONE_NUMBER>; email address: Grier Stayton at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are
interested in pesticide regulation issues affecting States and any
discussion between EPA and SFIREG on FIFRA field implementation issues
related to human health, environmental exposure to pesticides, and
insight into EPA's decision-making process. You are invited and
encouraged to attend the meetings and participate as appropriate.
Potentially affected entities may include, but are not limited to:
    Those persons who are or may be required to conduct testing of
chemical substances under the Federal Food, Drug and Cosmetics Act
(FFDCA), or the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) and those who sell, distribute or use pesticides, as well as
any Non Government Organization.
    If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT.

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

    The docket for this action, Identified by docket ID number EPA-HQ-
OPP-2013-0001, is available at http://www.regulations.gov, or at the
Office of Pesticide Programs Regulatory Public Docket Center (EPA/DC),
EPA West 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. Tentative Agenda Topics

1. Discussion of the Neonicotinoid class of pesticides
2. The impact of herbicide residues in compost
3. Status of the Endangered Species Program
4. Status of OPP's Pollinator Protection workgroup
5. Status of the Agencies Aquatic Benchmarks
6. Pesticide Analytical Method Prioritization & Development

III. How can I request to participate in this meeting?

    This meeting is open for the public to attend. You may attend the
meeting without further notification.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: April 17, 2013.
 R.C. Mc Nally,
Director, Field External Affairs Division, Office of Pesticide
Programs.
[FR Doc. 2013-10159 Filed 4-30-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Notices]
[Pages 54668-54669]
[FR Doc No: 2013-21633]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2013-0720]

Cook Inlet Regional Citizens' Advisory Council (CIRCAC) Charter
Renewal

AGENCY: Coast Guard, DHS.

ACTION: Notice of Recertification.

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

SUMMARY: The purpose of this notice is to inform the public that the
Coast Guard has recertified the Cook Inlet Regional Citizens' Advisory
Council (CIRCAC) as an alternative voluntary advisory group for Cook
Inlet, Alaska. This certification allows the CIRCAC to monitor the
activities of terminal facilities and crude oil tankers under the Cook
Inlet Program established by statute.

DATES: This recertification is effective for the period from September
1, 2013 through August 31, 2014.

FOR FURTHER INFORMATION CONTACT: Lieutenant Thomas Pauser, Seventeenth
Coast Guard District (dpi), by phone at<PHONE_NUMBER>, email
<EMAIL_ADDRESS>or by mail at P.O. Box 25517, Juneau, Alaska
99802.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    As part of the Oil Pollution Act of 1990, Congress passed the Oil
Terminal and Oil Tanker Environmental Oversight and Monitoring Act of
1990 (the Act), 33 U.S.C. 2732, to foster a long-term partnership among
industry, government, and local communities in overseeing compliance
with environmental concerns in the operation of crude oil terminals and
oil tankers.
    On October 18, 1991, the President delegated his authority under 33
U.S.C. 2732(o) to the Secretary of

Transportation in Executive Order 12777, section 8(g) (see 56 FR 54757;
October 22, 1991) for purposes of certifying advisory councils, or
groups, subject to the Act. On March 3, 1992, the Secretary redelegated
that authority to the Commandant of the Coast Guard (USCG) (see 57 FR
8582; March 11, 1992). The Commandant redelegated that authority to the
Chief, Office of Marine Safety, Security and Environmental Protection
(G-M) on March 19, 1992 (letter 5402).
    On July 7, 1993, the USCG published a policy statement, 58 FR
36504, to clarify the factors that shall be considered in making the
determination as to whether advisory councils, or groups, should be
certified in accordance with the Act.
    The Assistant Commandant for Marine Safety and Environmental
Protection (G-M), redelegated recertification authority for advisory
councils, or groups, to the Commander, Seventeenth Coast Guard District
on February 26, 1999 (letter 16450).
    On September 16, 2002, the USCG published a policy statement, 67 FR
58440 that changed the recertification procedures such that applicants
are required to provide the USCG with comprehensive information every
three years (triennially). For each of the two years between the
triennial application procedures, applicants submit a letter requesting
recertification that includes a description of any substantive changes
to the information provided at the previous triennial recertification.
Further, public comment is not solicited prior to recertification
during streamlined years, only during the triennial comprehensive
review.
    On October 10, 2012, the Coast Guard recertified the Cook Inlet
Regional Citizen's Advisory Council through August 31, 2013. Under the
Oil Terminal and Oil Tanker Environmental Oversight Act of 1990 (33
U.S.C. 2732), the Coast Guard may certify, on an annual basis, an
alternative voluntary advisory group for Cook Inlet, Alaska. This
advisory group monitors the activities of terminal facilities and crude
oil tankers under the Cook Inlet Program established by Congress, 33
U.S.C. 2732(b).

Recertification

    By letter dated 12 AUG 2013, the Commander, Seventeenth Coast Guard
certified that the CIRCAC qualifies as an alternative voluntary
advisory group under 33 U.S.C. 2732(o). This recertification terminates
on August 31, 2014.

    Dated: August 12, 2013.
T.P. Ostebo,
Rear Admiral, U.S. Coast Guard Commander, Seventeenth Coast Guard
District.
[FR Doc. 2013-21633 Filed 9-4-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: November 7, 2008 (Volume 73, Number 217)]
[Notices]
[Page 66285-66287]
[DOCID:fr07no08-104]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Privacy Act of 1974: System of Records

AGENCY: Department of Transportation (DOT), Office of the Secretary.

ACTION: Notice to add a system of records.

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

SUMMARY: DOT proposes to add a system of records under the Privacy Act
of 1974. The system is DOT's implementation of the Department of
Interior's (DOI's) Federal Personnel and Payroll System (FPPS). The
system of records consists of human resources (HR) and payroll data
moved from DOT's legacy HR and payroll systems to FPPS as well as new
data added to FPPS. This system would not duplicate any other DOT
system of records.

DATES: Effective Date: This notice will be effective, without further
notice, on December 17, 2008, unless modified by a subsequent notice to
incorporate comments received by the public. Comments must be received
by December 17, 2008 to be assured consideration.

ADDRESSES: Send comments to Habib Azarsina, Departmental Privacy
Officer, S-80, United States Department of Transportation, Office of
the Secretary of Transportation, 1200 New Jersey Avenue, SE.,
Washington, DC 20590 or<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Habib Azarsina, Departmental Privacy
Officer, S-80, United States Department of Transportation, Office of
the Secretary of Transportation, 1200 New Jersey Avenue, SE.,
Washington, DC 20590; telephone<PHONE_NUMBER>, or
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: The DOT system of records notice subject to
the Privacy Act of 1974 (5 U.S.C. 552a), as amended, as proposed to be
added, is available from the above mentioned address and appears below:
SYSTEM NUMBER:
    DOT/ALL 19.

SYSTEM NAME:
    Federal Personnel and Payroll System (FPPS).

SECURITY CLASSIFICATION:
    Unclassified, sensitive.

SYSTEM LOCATION:
    This system of record is in the National Business Center, U.S.
Department of the Interior, 7301 West Mansfield Avenue, MS D-2400,
Denver, CO 80235-2230.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Prospective, present, and former employees in the Office of the
Secretary of Transportation, OST; Federal Aviation Administration, FAA;
Federal Highway Administration, FHWA; Federal Railroad Administration,
FRA; Federal Transit Administration, FTA; Maritime Administration,
MARAD; National Highway Traffic Safety Administration, NHTSA; Office of
the Inspector General, OIG; St. Lawrence Seaway Development
Corporation, SLSDC; Federal Motor Carrier Safety Administration, FMCSA;
Pipeline and Hazardous Materials Safety Administration, PHMSA; Research
and Innovative Technology Safety Administration, RITA; and the Surface
Transportation Board, STB.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Employee name, Social Security number, and organizational code; pay
rate and grade, retirement, and location data; length of service; pay,
leave, time and attendance, allowances, and cost distribution records;
deductions for Medicare or FICA, savings bonds, FEGLI, union dues,
taxes, allotments, quarters, charities, health benefits, and Thrift
Savings Fund contributions; awards, shift schedules, pay differentials,
IRS tax lien data, commercial garnishments, child support and/or
alimony wage assignments; and related payroll and personnel data. Also
included is information on debts owed to the Government as a result of
overpayment, refunds owed, or a debt referred for collection on a
transferred employee. The payroll, attendance, retirement, and leave
records described in this notice form a part of the information
contained in DOI's integrated Federal Personnel Payroll System (FPPS).
Personnel, but not payroll, records contained in the system are covered
under the Government-wide system of records notice published by the
Office of Personnel Management (OPM/GOVT-1).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 5101, et seq.; 31 U.S.C. 3512.

PURPOSE(S):
    The purpose for collecting the data in the FPPS System of Records
is to control and facilitate payment of salaries to DOT civilian
employees.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
    The primary uses of the records are for fiscal operations for
payroll, attendance, leave, insurance, tax, retirement, budget, and
cost accounting programs; and to prepare related reports to other
Federal agencies including the Department of the Treasury and the
Office of Personnel Management. Disclosures outside DOT and DOI may be
made:
    (1) To the Department of the Treasury for preparation of payroll
(and other) checks and electronic funds transfers to Federal, State,
and local government agencies, non-governmental organizations, and
individuals.
    (2) To the Internal Revenue Service and to State, local, tribal,
and territorial governments for tax purposes.
    (3) To the Office of Personnel Management in connection with
programs administered by that office.
    (4) To any other Federal agency to which an employee has
transferred.
    (5) To the Department of Justice, or to a court, adjudicative or
other administrative body, or to a party in litigation before a court
or adjudicative or administrative body, when:
    (a) One of the following is a party to the proceeding or has an
interest in the proceeding:
    (1) The Department or any component of the Department;
    (2) Any Departmental employee acting in his or her official
capacity;
    (3) Any Departmental employee acting in his or her individual
capacity where the Department or the Department of Justice has agreed
to represent the employee; or
    (4) The United States, when the Department determines that the
Department is likely to be affected by the proceeding; and
    (b) The Department deems the disclosure to be:
    (1) Relevant and necessary to the proceeding; and
    (2) Compatible with the purpose for which it compiled the
information.
    (6) To the appropriate Federal, State, tribal, local or foreign
governmental agency that is responsible for investigating, prosecuting,
enforcing or implementing a statute, rule, regulation order or license,
when the Department becomes aware of an indication of a violation or
potential violation of the statute, rule, regulation, order or license.
    (7) To appropriate Federal and State agencies to provide required
reports including data on unemployment insurance.
    (8) To the Social Security administration to report FICA
deductions.
    (9) To labor unions to report union dues deductions.
    (10) To insurance carriers to report withholdings for health
insurance.
    (11) To charitable institutions to report contributions.
    (12) To a Federal agency for the purpose of collecting a debt owed
the Federal government through administrative or salary offset.
    (13) To provide addresses obtained from the Internal Revenue
Service to debt collection agencies for purposes of locating a debtor
to collect or compromise a Federal claim against the debtor.
    (18) To the Federal Retirement Thrift Investment Board with respect
to Thrift Savings Fund contributions.
    (19) To disclose debtor information to the Internal Revenue Service
or to another Federal agency or its contractor solely to aggregate
information for the Internal Revenue Service, to collect debts owed to
the Federal Government through the offset of tax refunds.
    (20) To disclose the names, social security numbers, home
addresses, dates of birth, dates of hire, quarterly earnings, employer
identifying information, and State of hire of employees to the Office
of Child Support Enforcement, Administration for Children and Families,
Department of Health and Human Services for the purposes of locating
individuals to establish paternity, establishing and modifying orders
of child support, identifying sources of income, and for other child
support enforcement actions as required by the Personal Responsibility
and Work Opportunity Reconciliation Act (Welfare Reform Law, Pub. L.
104-193).

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Disclosure pursuant to 5 U.S.C. 552a (b)(12). Disclosures may be
made from this system to consumer reporting agencies as defined in the
Fair Credit

Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Act of 1966
(31 U.S.C. 3701(a)(3)).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
    Records are maintained in manual, microfilm, microfiche,
electronic, imaged and computer printout form. Current records are
stored on magnetic media at DOI's central computer processing center;
historic records are stored on magnetic media at DOI's central computer
center. Original input documents are stored in standard office filing
equipment and/or as imaged documents on magnetic media at all locations
which prepare and provide input documents and information for data
processing.

RETRIEVABILITY:
    Records are retrieved by name, Social Security number, and
organizational code.

SAFEGUARDS:
    Access to all records in the system is limited to authorized
personnel whose official duties require such access. Paper or micro
format records are maintained in locked metal file cabinets in secured
rooms. Electronic records are maintained with safeguards meeting the
security requirements of 49 CFR 10.3.

RETENTION AND DISPOSAL:
    The records contained in this system of records have varying
retention periods as described in General Records Schedule 2,
(available on-line at http://www.nara.gov), issued by the Archivist of
the United States, and are disposed of in accordance with the National
Archives and Records Administration Regulations, 36 CFR part 1228 et
seq.

SYSTEM MANAGER(S) AND ADDRESS:
    The following system manager is responsible for the payroll records
contained in the Federal Personnel Payroll System (FPPS). Personnel
records contained in the system fall under the jurisdiction of the
Office of Personnel Management as prescribed in 5 CFR part 253 and 5
CFR part 297: Chief, FPPS Management Division, National Business
Center, U.S. Department of the Interior, 7301 West Mansfield Avenue,
Denver, CO 80235-2230.

NOTIFICATION PROCEDURE:
    Inquiries regarding the existence of records should be addressed to
the System Manager. The request must be in writing, signed by the
requester, and meet the content requirements of 49 CFR 10.31.

RECORD ACCESS PROCEDURES:
    A request for access may be addressed to the System Manager. The
request must be in writing, signed by the requester, and meet the
content requirements of 49 CFR 2.63.

CONTESTING RECORD PROCEDURES:
    A petition for amendment should be addressed to the System Manager.
    The request must be in writing, signed by the requester, and meet
the content requirements of 49 CFR 10.41.

RECORD SOURCE CATEGORIES:
    Individuals on whom the records are maintained, official personnel
records of individuals on whom the records are maintained, supervisors,
timekeepers, previous employers, and the Internal Revenue Service.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    Dated: November 3, 2008.
Habib Azarsina,
Departmental Privacy Officer.
 [FR Doc. E8-26595 Filed 11-6-08; 8:45 am]

BILLING CODE 4910-9X-P


[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Notices]
[Pages 5788-5789]
[FR Doc No: 2012-2543]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP12-338-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Penalty Revenue Crediting Report of Trailblazer
Pipeline Company LLC.
    Filed Date: 1/27/12.
    Accession Number: 20120127-5148.
    Comments Due: 5 p.m. ET 2/8/12.

    Docket Numbers: RP12-339-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: ONEOK 34951 to BG Energy 39507 Capacity Release
Negotiated Rate Agreement Filing to be effective 2/1/2012.
    Filed Date: 1/30/12.
    Accession Number: 20120130-5180.
    Comments Due: 5 p.m. ET 2/13/12.

    Docket Numbers: RP12-340-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: HK 37731 to Spark 39520 Capacity Release Negotiated
Rate

Agreement Filing to be effective 2/1/2012.
    Filed Date: 1/30/12.
    Accession Number: 20120130-5182.
    Comments Due: 5 p.m. ET 2/13/12.

    Docket Numbers: RP12-341-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Antero 2 to Tenaska 331 Capacity Release Negotiated
Rate Filing to be effective 2/1/2012.
    Filed Date: 1/30/12.
    Accession Number: 20120130-5183.
    Comments Due: 5 p.m. ET 2/13/12.

    Docket Numbers: RP12-342-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Antero 3 to Tenaska 332 Capacity Release Negotiated
Rate Agreement Filing to be effective 2/1/2012.
    Filed Date: 1/30/12.
    Accession Number: 20120130-5184.
    Comments Due: 5 p.m. ET 2/13/12.

    Docket Numbers: RP12-343-000.
    Applicants: Colorado Interstate Gas Company LLC.
    Description: Merger Filing--Name Chg and ATC Rate Adjustment to be
effective 3/1/2012.
    Filed Date: 1/30/12.
    Accession Number: 20120130-5200.
    Comments Due: 5 p.m. ET 2/13/12.

    Docket Numbers: RP12-344-000.
    Applicants: Big Sandy Pipeline, LLC.
    Description: Big Sandy Fuel Filing Effective 3-1-2012 to be
effective 3/1/2012.
    Filed Date: 1/30/12.
    Accession Number: 20120130-5252.
    Comments Due: 5 p.m. ET 2/13/12.

    Docket Numbers: RP12-345-000.
    Applicants: Wyoming Interstate Company, LLC.
    Description: WIC Quarterly Fuel Filing 01-2012 to be effective 3/1/
2012.
    Filed Date: 1/30/12.
    Accession Number: 20120130-5268.
    Comments Due: 5 p.m. ET 2/13/12.

    Docket Numbers: RP12-346-000.
    Applicants: PostRock KPC Pipeline, LLC.
    Description: KPC Tariff Revisions (GT&C Section 3) to be effective
3/1/2012.
    Filed Date: 1/30/12.
    Accession Number: 20120130-5272.
    Comments Due: 5 p.m. ET 2/13/12.

    Docket Numbers: RP12-347-000.
    Applicants: Ruby Pipeline, LLC.
    Description: FL&U Filing effective March 1, 2012 to be effective 3/
1/2012.
    Filed Date: 1/30/12.
    Accession Number: 20120130-5274.
    Comments Due: 5 p.m. ET 2/13/12.

    Docket Numbers: CP12-44-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Submits an application for the abandonment of service
provided to Delmarva Power & Light Company under Transco's Rate
Schedule LG-A.
    Filed Date: 1/5/12.
    Accession Number: 20120127-4010.
    Comments Due: 5 p.m. ET 2/13/12.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP11-1859-001.
    Applicants: Equitrans, L.P.
    Description: Submits tariff filing per 154.203: Pipeline Safety
Cost Tracker Compliance Filing to be effective 4/1/2011.
    Filed Date: 4/19/11.
    Accession Number: 20110419-5191.
    Comment Date: 5 p.m. ET 2/13/12.

    Docket Numbers: RP11-1566-009.
    Applicants: Tennessee Gas Pipeline Company, LLC.
    Description: Rate Case 2011--Settlement Implementation to be
effective 2/1/2012.
    Filed Date: 1/27/12.
    Accession Number: 20120127-5219.
    Comments Due: 5 p.m. ET 2/8/12.

    Docket Numbers: RP11-2254-002.
    Applicants: Midwestern Gas Transmission Company.
    Description: Omnibus Compliance to be effective 1/5/2012.
    Filed Date: 1/27/12.
    Accession Number: 20120127-5112.
    Comments Due: 5 p.m. ET 2/8/12.

    Docket Numbers: RP11-1745-002.
    Applicants: UGI Storage Company.
    Description: UGI Storage Company Compliance Tariff Filing, to be
effective 2/1/2012.
    Filed Date: 1/30/12.
    Accession Number: 20120130-5251.
    Comments Due: 5 p.m. ET 2/13/12.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5 p.m. Eastern time on the specified comment
date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service can be found at:
http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other
information, call<PHONE_NUMBER> (toll free). For TTY, call (202) 502-
8659.

    Dated: January 31, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-2543 Filed 2-3-12; 8:45 am]
BILLING CODE 6717-01-P