** FINAL REGULATION ORDER **

Engine Manufacturer Diagnostic System Requirements for 2007 and Subsequent Model Year Heavy Duty Engines ( EMD) ____________________________________________________________________

Adopt section 1971, title 13, California Code of Regulations, to read as follows: ( Note: The entire text of section 1971 set forth below is new language proposed to be added to the California Code of Regulations.)

§ 1971. Engine Manufacturer Diagnostic System Requirements 2007 and Subsequent Model Year Heavy Duty Engines.

( a) PURPOSE. The purpose of this regulation is to establish requirements for engine manufacturer diagnostic systems ( EMD systems) that are designed and installed by engine manufacturers on 2007 and subsequent model year engines certified for sale in heavy duty vehicles in California. The EMD systems, through the use of a computer( s), shall monitor emission systems in use for the actual life of the engine and shall be capable of detecting malfunctions of the monitored emission systems, illuminating a malfunction indicator light ( MIL) to notify the vehicle operator of detected malfunctions, and storing diagnosis information regarding the detected malfunctions.

( b) APPLICABILITY. Except as specified elsewhere in this regulation ( title 13, CCR section 1971), all 2007 and subsequent model year gasoline fueled and diesel fueled on road heavyduty engines shall be equipped with an EMD system and shall meet all applicable requirements of this regulation. 1 ( c) DEFINITIONS. ( 1) " Actual life" refers to the entire period that an engine is operated on public roads in California up to the time an engine is retired from use. ( 2) " Deactivate" means to turn off, shutdown, desensitize, or otherwise make inoperable through software programming or other means during the actual life of the engine. ( 3) " Engine" for the purpose of this regulation means on road heavy duty engine. ( 4) " Engine manufacturer" is the holder of the Executive Order for the engine family. ( 5) " Functional check" for an output component or system means verification of proper response of the component and system to a computer command. ( 6) " Heavy duty vehicle" means any motor vehicle having a gross vehicle weight rating greater than 14,000 pounds.

1 Unless otherwise noted, all section references refer to section 1971 of title 13, CCR. 2 ( 7) " Key on, engine off position" refers to a vehicle with the ignition key in the engine run position ( not engine crank or accessory position) but with the engine not running. ( 8) " Malfunction" means any deterioration or failure of a component that causes the performance to be outside of the applicable limits in section ( e). ( 9) " On road heavy duty engine" means an engine and related aftertreatment components certified to the requirements of title 13, CCR sections 1956.1 or 1956.8. ( 10) " Rationality fault diagnostic" for an input component means verification of the accuracy of the input signal while in the range of normal operation and when compared to all other available information.

( d) GENERAL REQUIREMENTS. ( 1) The EMD System. ( A) If a malfunction is present as specified in section ( e), the EMD system shall detect the malfunction. ( B) The EMD system shall provide diagnostic information to service and repair technicians to identify detected malfunctions. ( C) The EMD system shall be designed to operate, without any required scheduled maintenance, for the actual life of the engine in which it is installed and may not be programmed or otherwise designed to deactivate based on age and/ or mileage of the vehicle during the actual life of the engine. This section is not intended to alter existing law and enforcement practice regarding an engine manufacturer's liability for an engine beyond its useful life, except where an engine has been programmed or otherwise designed so that an EMD system deactivates based on age and/ or mileage of the engine. ( 2) MIL Requirements. ( A) MIL Specifications. 1. The MIL shall be of sufficient illumination and location to be readily visible under all lighting conditions. The MIL, when illuminated, shall display a phrase or icon determined by the engine manufacturer to be likely to cause the vehicle operator to seek corrective action. In lieu of a dedicated MIL, engine manufacturers may utilize an existing warning light( s) to also satisfy the requirements of the MIL. 2. The MIL shall illuminate in the key on, engine off position before engine cranking to indicate that the MIL is functional. This functional check of the MIL is not required during vehicle operation in the key on, engine off position subsequent to the initial engine cranking of an ignition cycle ( e. g., due to an engine stall or other non commanded engine shutoff). ( B) Illuminating the MIL. Once a malfunction has been detected, the EMD system shall illuminate the MIL in accordance with the engine manufacturer's existing practices for notifying vehicle operators and service technicians. ( C) Extinguishing the MIL. Once the MIL has been illuminated, it may be extinguished upon the EMD system determining that the malfunction is no longer present provided no 3 other malfunction has been detected that would independently illuminate the MIL according to the requirements outlined above. ( 3) Monitoring Conditions. Engine manufacturers shall define monitoring conditions for detecting malfunctions identified in section ( e) and for determining if malfunctions no longer exist.

( e) MONITORING REQUIREMENTS. ( 1) FUEL SYSTEM MONITORING. ( A) Requirement: The EMD system shall monitor the fuel delivery system. ( B) Malfunction Criteria: If the engine is equipped with feedback control of the fuel pressure, the EMD system shall detect a malfunction of the fuel system when the feedback control system has used up all of the adjustment allowed by the engine manufacturer and cannot achieve the desired fuel pressure.

( 2) EXHAUST GAS RECIRCULATION ( EGR) SYSTEM MONITORING. ( A) Requirement: The EMD system shall monitor the EGR system on engines so equipped. ( B) Malfunction Criteria: 1. Low Flow: The EMD system shall detect a malfunction of the EGR system when the system has reached its control limits such that it cannot increase EGR flow to achieve the commanded flow rate. 2. High Flow: The EMD system shall detect a malfunction of the EGR system when the system has reached its control limits such that it cannot reduce EGR flow to achieve the commanded flow rate.

( 3) PARTICULATE MATTER ( PM) TRAP MONITORING. ( A) Requirement: The EMD system shall monitor the PM trap on engines soequipped ( B) Malfunction Criteria: 1. Excessive Backpressure: The EMD system shall detect a malfunction when the PM trap fails to regenerate, clogs, or otherwise malfunctions such that it causes the backpressure in the exhaust system to exceed the engine manufacturer's specified limits for operation. 2. Missing substrate: The EMD system shall detect a malfunction if either the PM trap substrate is completely destroyed, removed, or missing, or if the PM trap assembly is replaced with a straight pipe.

( 4) EMISSION RELATED ELECTRONIC COMPONENT MONITORING. ( A) Requirement: The EMD system shall monitor for malfunction of any electronic component/ system that either provides input to ( directly or indirectly) or receives commands from the on board computer( s), and: ( 1) is defined by the engine manufacturer as emission related, or ( 2) is used as part of the diagnostic strategy for any other emission related monitored system or component. ( B) Malfunction Criteria: 4 1. Input Components: Where determined by the engine manufacturer to be feasible given existing hardware and software, the EMD system shall detect malfunctions of input components caused by a lack of circuit continuity, out of range values, and rationality faults. 2. Output Components/ Systems: Where determined by the engine manufacturer to be feasible given existing hardware and software, the EMD system shall detect a malfunction of an output component/ system when proper functional response of the component and system to computer commands does not occur or when a lack of circuit continuity or circuit fault occurs ( e. g., short to ground or high voltage).

( f) CERTIFICATION. The Executive Officer shall grant certification for the EMD system upon the engine manufacturer submitting the following certification information: ( 1) A description of the functional operation of the EMD system. ( 2) A listing of all electronic engine input and output signals ( including those not monitored by the EMD system) that identifies which signals are monitored by the EMD system.

( g) DEFICIENCIES. The Executive Officer may certify EMD systems installed on engines even though the systems do not comply with one or more of the requirements of title 13, CCR section 1971. In granting the certification, the Executive Officer shall consider the following factors: the extent to which the requirements of section 1971 are satisfied overall based on a review of the engine applications in question, the relative performance of the resultant EMD system compared to systems fully compliant with the requirements of section 1971, and a demonstrated good faith effort on the part of the engine manufacturer to: ( 1) meet the requirements in full by evaluating and considering the best available monitoring technology; and ( 2) come into compliance as expeditiously as possible. Engine manufacturers shall not be subject to limitations on the number of granted deficiencies nor subject to fines for granted deficiencies.

NOTE: Authority cited: Sections 39600, 39601, 43000.5, 43013, 43018, 43100, 43101, and 43104, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39018, 39021.5, 39024, 39024.5, 39027, 39027.3, 39028, 39029, 39031, 39032, 39032.5, 39033, 39035, 39037.05, 39037.5, 39038, 39039, 39040, 39042, 39042.5, 39046, 39047, 39053, 39054, 39058, 39059, 39060, 39515, 39600, 39601, 43000, 43000.5, 43004, 43006, 43013, 43016, 43018, 43100, 43101, 43102, 43104, 43105, 43105.5, 43106, 43150, 43151, 43152, 43153, 43154, 43155, 43156, 43204, 43211, and 43212, Health and Safety Code.


[Federal Register Volume 83, Number 28 (Friday, February 9, 2018)]
[Notices]
[Pages 5768-5769]
[FR Doc No: 2018-02662]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2017-0141; FRL-9972-07]

Certain New Chemicals or Significant New Uses; Statements of
Findings for November 2017

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: Section 5(g) of the Toxic Substances Control Act (TSCA)
requires EPA to publish in the Federal Register a statement of its
findings after its review of TSCA section 5(a) notices when EPA makes a
finding that a new chemical substance or significant new use is not
likely to present an unreasonable risk of injury to health or the
environment. Such statements apply to premanufacture notices (PMNs),
microbial commercial activity notices (MCANs), and significant new use
notices (SNUNs) submitted to EPA under TSCA section 5. This document
presents statements of findings made by EPA on TSCA section 5(a)
notices during the period from November 1, 2017 to November 30, 2017.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Greg Schweer, Chemical Control
Divison (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER>; email address:
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. As such, the
Agency has not attempted to describe the specific entities that this
action may apply to.

Although others may be affected, this action applies directly to the
submitters of the PMNs addressed in this action.

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

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPPT-2017-0141, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics
Docket (OPPT Docket), Environmental Protection Agency Docket Center
(EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC. 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 (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

II. What action is the agency taking?

    This document lists the statements of findings made by EPA after
review of notices submitted under TSCA section 5(a) that certain new
chemical substances or significant new uses are not likely to present
an unreasonable risk of injury to health or the environment. This
document presents statements of findings made by EPA during the period
from November 1, 2017 to November 30, 2017.

III. What is the agency's authority for taking this action?

    TSCA section 5(a)(3) requires EPA to review a TSCA section 5(a)
notice and make one of the following specific findings:
     The chemical substance or significant new use presents an
unreasonable risk of injury to health or the environment;
     The information available to EPA is insufficient to permit
a reasoned evaluation of the health and environmental effects of the
chemical substance or significant new use;
     The information available to EPA is insufficient to permit
a reasoned evaluation of the health and environmental effects and the
chemical substance or significant new use may present an unreasonable
risk of injury to health or the environment;
     The chemical substance is or will be produced in
substantial quantities, and such substance either enters or may
reasonably be anticipated to enter the environment in substantial
quantities or there is or may be significant or substantial human
exposure to the substance; or
     The chemical substance or significant new use is not
likely to present an unreasonable risk of injury to health or the
environment.
    Unreasonable risk findings must be made without consideration of
costs or other non-risk factors, including an unreasonable risk to a
potentially exposed or susceptible subpopulation identified as relevant
under the conditions of use. The term ``conditions of use'' is defined
in TSCA section 3 to mean ``the circumstances, as determined by the
Administrator, under which a chemical substance is intended, known, or
reasonably foreseen to be manufactured, processed, distributed in
commerce, used, or disposed of.''
    EPA is required under TSCA section 5(g) to publish in the Federal
Register a statement of its findings after its review of a TSCA section
5(a) notice when EPA makes a finding that a new chemical substance or
significant new use is not likely to present an unreasonable risk of
injury to health or the environment. Such statements apply to PMNs,
MCANs, and SNUNs submitted to EPA under TSCA section 5.
    Anyone who plans to manufacture (which includes import) a new
chemical substance for a non-exempt commercial purpose and any
manufacturer or processor wishing to engage in a use of a chemical
substance designated by EPA as a significant new use must submit a
notice to EPA at least 90 days before commencing manufacture of the new
chemical substance or before engaging in the significant new use.
    The submitter of a notice to EPA for which EPA has made a finding
of ``not likely to present an unreasonable risk of injury to health or
the environment'' may commence manufacture of the chemical substance or
manufacture or processing for the significant new use notwithstanding
any remaining portion of the applicable review period.

IV. Statements of Administrator Findings Under TSCA Section 5(a)(3)(C)

    In this unit, EPA provides the following information (to the extent
that such information is not claimed as Confidential Business
Information (CBI)) on the PMNs, MCANs and SNUNs for which, during this
period, EPA has made findings under TSCA section 5(a)(3)(C) that the
new chemical substances or significant new uses are not likely to
present an unreasonable risk of injury to health or the environment:
     EPA case number assigned to the TSCA section 5(a) notice.
     Chemical identity (generic name, if the specific name is
claimed as CBI).
     website link to EPA's decision document describing the
basis of the ``not likely to present an unreasonable risk'' finding
made by EPA under TSCA section 5(a)(3)(C).
    EPA Case Number: P-17-0390; Chemical identity: Carbomonocyclic
dicarboxylic acid, polymer with alkenedioic acid, substituted
heteropolycycle, substituted heteromonocycle, alkanediol, alkanedioic
acid, alkoxylated substituted dicarbomonocycle, alkoxylated substituted
dicarbomonocycle and alkanetriol, carbomonocyclic carboxylate alkanoate
(generic name); website link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-77.

    Authority: 15 U.S.C. 2601 et seq.

    Dated: January 24, 2018.
 Greg Schweer,
Chief, New Chemicals Management Branch, Chemical Control Division,
Office of Pollution Prevention and Toxics.
[FR Doc. 2018-02662 Filed 2-8-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 104 (Friday, May 29, 2020)]
[Proposed Rules]
[Pages 32327-32330]
[FR Doc No: 2020-11261]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0655; FRL-10009-73-Region 9]

Air Plan Approval; California; San Joaquin Valley Unified Air
Pollution Control District and Feather River Air Quality Management
District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the San Joaquin Valley Unified Air Pollution
Control District (SJVUAPCD or District) and the Feather River Air
Quality Management District (FRAQMD) portions of the California State
Implementation Plan (SIP) under the Clean Air Act (CAA or Act). For the
SJVUAPCD, these revisions concern a rule intended to track information
related to emissions of volatile organic compounds (VOCs) and
particulate matter (PM) from commercial charbroilers, and an
administrative rule for the registration of certain emission units
historically exempted from the SJVUAPCD's permit requirements. We are
proposing to approve into the California SIP amendments to a SJVUAPCD
local rule, which require owners and operators of commercial underfired
charbroilers to submit a one-time information report and which subject
certain underfired charbroilers to registration and weekly
recordkeeping requirements. We are also proposing to approve a SJVUAPCD
rule addressing registration requirements for these and certain other
emission units. For the FRAQMD, these revisions concern a negative
declaration for the Control Techniques Guidelines (CTG) for the Oil and
Natural Gas Industry. We are proposing to approve the negative
declaration into the California SIP. We are taking comments on this
proposal to approve the two SJVUAPCD rules and the FRAQMD negative
declaration. We plan to follow with a final action.

DATES: Any comments must arrive by June 29, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-0655 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Multimedia submissions
(audio, video, etc.) must be accompanied by a written comment. The
written comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI and multimedia submissions, and
general guidance on

making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What documents did the State submit?
    B. Are there other versions of these documents?
    C. What is the purpose of the submitted rules and negative
declaration?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rules and negative declaration?
    B. Do the rules and negative declaration meet the evaluation
criteria?
    C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What documents did the State submit?

    Table 1 lists the documents addressed by this proposal with the
dates that they were adopted by the local air agencies and submitted by
the California Air Resources Board (CARB).
---------------------------------------------------------------------------

    \1\ This submittal was transmitted to the EPA by a letter from
CARB dated April 30, 2020.
    \2\ This submittal was transmitted to the EPA by a letter from
CARB dated November 16, 2018.
    \3\ This submittal was transmitted to the EPA by a letter from
CARB dated December 2, 2018.

                                          Table 1--Submitted Documents
----------------------------------------------------------------------------------------------------------------
              Local agency                       Rule or document              Adopted/amended        Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD...............................  Rule 2250--Permit-Exempt         Adopted 10/19/2006.......    \1\ 4/30/
                                          Equipment Registration.                                           2020
SJVUAPCD...............................  Rule 4692--Commercial            Amended 06/21/2018.......   \2\ 11/21/
                                          Charbroiling.                                                     2018
FRAQMD.................................  Reasonably Available Control     Adopted 08/06/2018.......   \3\ 12/07/
                                          Technology (RACT) State                                           2018
                                          Implementation Plan (SIP)
                                          Revision for the South Sutter
                                          County Portion of the
                                          Sacramento Metropolitan
                                          Nonattainment Area for 8-Hour
                                          ozone--Negative Declaration
                                          for Control Techniques
                                          Guidelines for the Oil and
                                          Natural Gas Industry.
----------------------------------------------------------------------------------------------------------------

    We find that the submittal for SJVUAPCD Rule 2250 meets the
completeness criteria in 40 CFR part 51 Appendix V, which must be met
before formal EPA review. On May 21, 2019, the submittal for SJVUAPCD
Rule 4692 was deemed by operation of law to meet the completeness
criteria in 40 CFR part 51 Appendix V. On June 7, 2019, the submittal
for the FRAQMD negative declaration for the Control Techniques
Guidelines for the Oil and Natural Gas Industry, EPA 453/B-16-001, (Oil
and Natural Gas CTG) was deemed by operation of law to meet the
aforementioned completeness criteria.

B. Are there other versions of these documents?

    We approved an earlier version of SJVUAPCD Rule 4692 into the
California SIP on November 3, 2011 (76 FR 68103). There is no previous
version of SJVUAPCD Rule 2250 or the FRAQMD negative declaration for
the Oil and Natural Gas CTG in the California SIP.

C. What is the purpose of the submitted rules and negative declaration?

    Emissions of VOCs contribute to the production of ground-level
ozone, smog and PM, which harm human health and the environment.
Emissions of PM, including PM equal to or less than 2.5 microns in
diameter (PM2.5) and PM equal to or less than 10 microns in
diameter (PM10),\4\ contribute to effects that are harmful
to human health and the environment, including premature mortality,
aggravation of respiratory and cardiovascular disease, decreased lung
function, visibility impairment, and damage to vegetation and
ecosystems. Section 110(a) of the CAA requires states to submit
regulations that control VOC and PM emissions.
---------------------------------------------------------------------------

    \4\ PM10 includes particles that have aerodynamic
diameters less than or equal to 10 micrometers ([micro]m),
approximately equal to one-seventh the diameter of human hair.
PM2.5 is a subset of PM10 particles that have
aerodynamic diameters less than or equal to 2.5 [micro]m.
---------------------------------------------------------------------------

    SJVUAPCD Rule 4692, Commercial Charbroiling, is designed to limit
VOC and PM10 emissions from commercial charbroiling
operations. Rule 4692 requires commercial cooking operations with
chain-driven charbroilers that cook 400 pounds or more of meat per week
to be equipped and operated with a catalytic oxidizer control device to
minimize VOC and PM10 emissions. The rule requires the
catalytic oxidizer to have a control efficiency of at least 83% for
PM10 and at least 86% for VOC emissions. The June 21, 2018
amendments to Rule 4692 expand the rule to require that owners or
operators of commercial cooking operations with underfired charbroilers
submit a one-time report to the SJVUAPCD by January 1, 2019, and that
owners of such operations with underfired charbroilers that cook
quantities of meat above a specified threshold register these units
pursuant to District Rule 2250 and keep weekly records of the total
pounds and type of meat cooked on each such underfired charbroiler. The
SJVUAPCD explains that as a first step to enable the District to
implement a PM control measure for underfired charbroilers ``. . . in a
cost-effective and expeditious manner . . . the District must initiate
registration of affected operations . . . and a one-time information
report from owners and operators of commercial cooking operations with
underfired charbroilers . . .'' \5\
---------------------------------------------------------------------------

    \5\ Letter dated June 21, 2018, from Seyed Sadredin, Executive
Director, SJVUAPCD, to SJVUAPCD Governing Board, ``RE: ITEM NUMBER
9: ADOPT PROPOSED AMENDMENTS TO DISTRICT RULE 4692 (COMMERCIAL
CHARBROILING).''
---------------------------------------------------------------------------

    SJVUAPCD Rule 2250, Permit-Exempt Equipment Registration, was
adopted by the District on October 19, 2006, as an alternative to its
traditional permitting process. This rule is intended to apply to
certain internal combustion engines, small boilers, and more recently,
certain underfired charboilers, which have been traditionally exempted
from the District's permit program. Rule 2250 provides the necessary
administrative mechanisms to determine compliance of certain permit-
exempt equipment with applicable rules and regulations. As stated
above, the District's commercial charbroiler rule relies on Rule 2250
for registration requirements. Rule 4692 states that ``[t]he owner of
an underfired charbroiler subject to this rule shall register such
underfired charbroiler pursuant to Rule 2250 (Permit-Exempt Equipment
Registration), in lieu of permitting under the requirements of Rule
2010 (Permits Required).''
    CAA section 182(b)(2) requires states to submit SIP revisions to
implement RACT for each category of VOC sources in the nonattainment
area covered by a CTG. On October 27, 2016, (81 FR 74798), the EPA
announced the

availability of the Oil and Natural Gas CTG. In lieu of adopting local
regulations to implement the CTG, air agencies may adopt a negative
declaration if the nonattainment area has no sources covered by the
2016 Oil and Natural Gas CTG.\6\ The FRAQMD's negative declaration
submittal is its certification that there are no sources covered by the
2016 Oil and Natural Gas CTG in the south Sutter County portion of the
Sacramento Metropolitan ozone nonattainment area.\7\
---------------------------------------------------------------------------

    \6\ Memorandum dated October 20, 2016, from Anna Marie Wood,
Director, Air Quality Policy Division, U.S. EPA, to Regional Air
Division Directors 1-10, Subject: ``Implementing Reasonably
Available Control Technology Requirements for Sources Covered by the
2016 Control Techniques Guidelines for the Oil and Natural Gas
Industry,'' Question #8.
    \7\ The Feather River AQMD is subject CAA section 182(b)(2) RACT
because its jurisdiction includes Sutter County, the southern
portion of which is in an ozone nonattainment area that is
classified as Severe nonattainment for the 2008 ozone NAAQS.
---------------------------------------------------------------------------

    The EPA's technical support documents (TSDs) for this action have
more information about SJVUAPCD Rules 2250 and 4692, the FRAQMD's
negative declaration, and the EPA's evaluation thereof.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules and negative declaration?

    Generally, CAA section 110(a)(2)(A) requires SIPs to ``include
enforceable emission limitations and other control measures, means, or
techniques . . . as may be necessary or appropriate to meet the
applicable requirements of [the CAA],'' and SIPs must be consistent
with the requirements of CAA sections 110(l) and 193.
    SIPs must also require RACT for each category of sources covered by
a CTG document as well as each major source in ozone nonattainment
areas classified as Moderate or above (see CAA sections 182(b)(2) and
(f)).\8\ States relying on negative declarations for CTG source
categories for which the states have not adopted CTG-based regulations
because they have no sources above the CTG-recommended applicability
threshold must submit them for SIP approval, regardless of whether such
negative declarations were made for an earlier SIP.\9\ To do so, the
submittal should provide reasonable assurance that no sources subject
to the CTG's requirements currently exist in the relevant ozone
nonattainment area.
---------------------------------------------------------------------------

    \8\ The specific ozone RACT requirement in CAA section 182(b)(2)
does not apply to Rule 4692 because there are no CTG documents for
this source category and no major sources of ozone precursors
subject to this rule in the SJV area. Nor does the CAA section
182(b)(2) RACT requirement apply to Rule 2250, which is largely an
administrative rule, the purpose of which is to provide the District
with a mechanism to determine compliance with other District
regulations by certain emission units historically exempted from the
District's permit requirements.
    \9\ 57 FR 13498, 13512 (April 16, 1992).
---------------------------------------------------------------------------

    Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation and rule stringency requirements
for the applicable criteria pollutants include the following:
    1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. EPA Office of Air Quality Planning and Standards, ``Issues
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,''
May 25, 1988, (the Bluebook, revised January 11, 1990).
    3. EPA Region IX, ``Guidance Document for Correcting Common VOC &
Other Rule Deficiencies,'' August 21, 2001 (the Little Bluebook).
    4. ``State Implementation Plans for Serious PM-10 Nonattainment
Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas
Generally; Addendum to the General Preamble for the Implementation of
Title I of the Clean Air Act Amendments of 1990,'' 59 FR 41998 (August
16, 1994).
    5. EPA 453/B-16-001, Control Techniques Guidelines for the Oil and
Natural Gas Industry.

B. Do the rules and negative declaration meet the evaluation criteria?

    SJVUAPCD Rule 2250 is largely an administrative rule. We find that
the rule requirements and applicability are sufficiently clear to
ensure that affected sources and regulators can evaluate and determine
compliance with Rule 2250 consistently. Currently, the registration
requirements in Rule 2250 appear to serve simply as a means to ensure
the enforceability of certain requirements imposed by other District
rules for emission units historically exempted from District permit
requirements, and there are no emission control requirements contained
in Rule 2250. We find that Rule 2250 does not relax the SJVUAPCD's SIP-
approved permit program, meets the applicable CAA requirements and
guidance regarding enforceability and SIP revisions, and is approvable
as a SIP-strengthening action. Our TSD for Rule 2250 has more
information concerning our evaluation of the rule.
    As discussed above, the 2018 amendments to SJVUAPCD Rule 4692 are
largely administrative. The rule amendments require owners or operators
of commercial cooking operations with underfired charbroilers to submit
a one-time information report, and require owners of underfired
charbroilers subject to the rule to register their units under Rule
2250 and to comply with certain weekly recordkeeping requirements. We
believe Rule 4692 meets the applicable CAA requirements and guidance
regarding enforceability and SIP revisions. Our TSD for Rule 4692 has
more information on our evaluation of the rule.
    With respect to the FRAQMD's negative declaration for the Oil and
Natural Gas CTG, the FRAQMD's submittal contains the FRAQMD's
certification that it has no sources in the south Sutter County portion
of the Sacramento Metropolitan ozone nonattainment area subject to the
Oil and Natural Gas CTG for the 2008 8-hour ozone NAAQS. The FRAQMD
based its certification on a review of its permit files, a search of
California's Division of Oil, Gas & Geothermal Resources (DOGGR) Well
Finder website, and correspondence with current permit holders for
natural gas production facilities. We accessed the DOGGR website,
CARB's pollution mapping tool, and a map of the California Natural Gas
Pipelines and did not find indications of operations that would be
subject to the Oil and Natural Gas CTG in the south Sutter County ozone
nonattainment area. Based on our review, we agree with the FRAQMD's
negative declaration for the Oil and Natural Gas CTG. Our TSD for the
FRAQMD negative declaration has more information on our evaluation.

C. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted SJVUAPCD Rules 2250 and 4692, and the
FRAQMD negative declaration for the Oil and Natural Gas CTG, because
they fulfill the relevant requirements in CAA sections 110(a), 110(l),
182(b)(2), and 193. We will accept comments from the public on this
proposal until [Insert date 30 days after date of publication in the
Federal Register]. If we take final action to approve the submitted
documents, our final action will incorporate these documents into the
federally enforceable SIP.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference

the SJVUAPCD rules described in Table 1 of this preamble. The EPA has
made, and will continue to make, these materials available through
https://www.regulations.gov and at the EPA Region IX Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).

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 Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).

List of Subjects in 40 CFR Part 52

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

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

    Dated: May 18, 2020.
John Busterud,
Regional Administrator, Region IX.
[FR Doc. 2020-11261 Filed 5-28-20; 8:45 am]
BILLING CODE 6560-50-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. I struggled for years trying to quit. I tried the gum, patches and many other cessation products to try and quit. None of them worked. I was then introduced to ecigs. They have changed my life for the better and I have now been tobacco free for over 3 years. I wish to provide you with more details of my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register Volume 78, Number 55 (Thursday, March 21, 2013)]
[Notices]
[Pages 17394-17395]
[FR Doc No: 2013-06513]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. RM07-16-000; RM01-5-000; RM12-3-000]

Filing via the Internet; Electronic Tariff Filings; Revisions to
Electric Quarterly Report Filing Process; Notice of Technical
Conference

    Take notice that on April 16, 2013, the staff of the Federal Energy
Regulatory Commission (Commission) will hold a technical conference on
changes to the company registration process applicable to filers of
electronic tariffs (eTariff) and other filings, such as Electric
Quarterly Reports (EQRs), requiring the use of a company registration
account, as directed by the Commission in its February 7, 2013
order.\1\ The conference will take place from 10:00 a.m. to 1:00 p.m.
(EST), in a Commission Meeting Room at 888 First Street NE.,
Washington, DC 20426. The public may attend.
---------------------------------------------------------------------------

    \1\ Revisions to Company Registration and Establishing Technical
Conference, 142 FERC ] 61,097 (2013). The Commission also has
required the use of company registration for filers of Electric
Quarterly Reports. Revisions to Electric Quarterly Report Filing
Process, Order No. 770, 77 FR 71288 (Nov. 30, 2012), FERC Stats. &
Regs. [Regulation Preambles] ] 31,338 (cross-referenced at 141 FERC
] 61,120) (Nov. 15, 2012).
---------------------------------------------------------------------------

    The Company registration system applies only to certain specified
filings that require the use of a company identification number and
does not apply to, or change the procedures relating to, other filings
made through the Commission's eFiling system. At the conference,
Commission staff will demonstrate the new company registration system
and address questions. As described in the February 7, 2013 order, the
new system adopts a revised method of authenticating filings requiring
the use of a company registration number. Under this system, the filer
will maintain a list of eRegistered agents which it has authorized to
submit filings on its behalf. Each agent will use its eRegistration
account to log onto FERC Online, where the agent will choose the type
of filing (e.g., eTariff), and then will be presented with a list of
all the filing companies for which they are registered to make that
type of filing.\2\
---------------------------------------------------------------------------

    \2\ In addition, filing companies also will be able to designate
personnel as Company Registration account administrators who in
addition to making filings themselves, will have additional rights
to administer the company registration account settings and
designate agents to make filings.
---------------------------------------------------------------------------

    Teleconferencing and WebEx will be available. Off-site participants
interested in attending via teleconference or viewing the demonstration
through WebEx must register at https://www.ferc.gov/whats-new/registration/etariff-form-04-16-13.asp, and do so by close of business
on April 9, 2013. WebEx and teleconferencing may not be available to
those who do not register.
    Commission staff will post meeting materials prior to the technical
conference, and encourages participants to email questions in advance
to<EMAIL_ADDRESS>When emailing questions, please include
``Technical Conference'' in the subject line. Information on the
conference will be posted on the Calendar of Events on the Commission's
Web site, http://www.ferc.gov, prior to the conference.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to<EMAIL_ADDRESS>

or call toll free 1-866-208-3372 (voice) or<PHONE_NUMBER> (TTY), or send
a FAX to<PHONE_NUMBER> with the required accommodations.
    For more information about the technical conference, please
contact: Nicholas Gladd, Federal Energy Regulatory Commission, 888
First Street NE., Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
    Dated: March 8, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-06513 Filed 3-20-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 193 (Wednesday, October 5, 2011)]
[Notices]
[Page 61730]
[FR Doc No: 2011-25729]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4029-DR; Docket ID FEMA-2011-0001]

Texas; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Texas (FEMA-4029-DR), dated September 9,
2011, and related determinations.

DATES: Effective Date: September 9, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated September 9, 2011, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Texas resulting from wildfires beginning on August 30, 2011, and
continuing, is of sufficient severity and magnitude to warrant a
major disaster declaration under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''). Therefore, I declare that such a major disaster
exists in the State of Texas.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance in the
designated areas. Consistent with the requirement that Federal
assistance is supplemental, any Federal funds provided under the
Stafford Act for Other Needs Assistance will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Kevin L. Hannes, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Texas have been designated as
adversely affected by this major disaster:

    Bastrop County for Individual Assistance.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-25729 Filed 10-4-11; 8:45 am]
BILLING CODE 9111-23-P


discussed above, market participants are not forced to connect to all
exchanges. There is no reason to believe that our proposed price
increase will harm another exchange's ability to compete. There are
other markets of which market participants may connect to trade
equities at higher rates than the Exchange's. There is also a range of
alternative strategies, including routing to the exchange through
another participant or market center or accessing the Exchange
indirectly. Market participants are free to choose which exchange or
reseller to use to satisfy their business needs. Accordingly, the
Exchange does not believe its proposed fee changes impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act.
* * * * *
    In conclusion, as discussed thoroughly above, the Exchange
regrettably believes that the application of the Revised Review Process
and Staff Guidance has adversely affected inter-market competition
among legacy and non-legacy exchanges by impeding the ability of non-
legacy exchanges to adopt or increase fees for their market data and
access services (including connectivity and port products and services)
that are on parity or commensurate with fee levels previously
established by legacy exchanges. Since the adoption of the Revised
Review Process and Staff Guidance, and even more so recently, it has
become extraordinarily difficult to adopt or increase fees to generate
revenue necessary to invest in systems, provide innovative trading
products and solutions, and improve competitive standing to the benefit
of non-legacy exchanges' market participants. Although the Staff
Guidance served an important policy goal of improving disclosures and
requiring exchanges to justify that their market data and access fee
proposals are fair and reasonable, it has also negatively impacted non-
legacy exchanges in particular in their efforts to adopt or increase
fees that would enable them to more fairly compete with legacy
exchanges, despite providing enhanced disclosures and rationale under
both competitive and cost basis approaches provided for by the Revised
Review Process and Staff Guidance to support their proposed fee
changes.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\108\ and Rule 19b-4(f)(2) \109\ thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings to determine whether
the proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \108\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \109\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule

change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-PEARL-2022-61 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-PEARL-2022-61. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-PEARL-2022-61 and should be submitted on
or before February 7, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\110\
---------------------------------------------------------------------------

    \110\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-00661 Filed 1-13-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 174 (Tuesday, September 8, 2020)]
[Notices]
[Page 55448]
[FR Doc No: 2020-19773]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2020-0429; FRL-10013-50]

United States Department of Justice and Parties to Certain
Litigation; Transfer of Data

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces that pesticide related information
submitted to the Environmental Protection Agency (EPA) pursuant to the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the
Federal Food, Drug, and Cosmetic Act (FFDCA), including information
that may have been claimed as Confidential Business Information (CBI)
by the submitter will be transferred to the U.S. Department of Justice
(DOJ) and parties to certain litigation. This transfer of data is in
accordance with the CBI regulations governing the disclosure of
potential CBI in litigation.

DATES: Access to this information by DOJ and the parties to certain
litigation is ongoing and expected to continue during the litigation as
discussed in this notice.

FOR FURTHER INFORMATION CONTACT: Pesticide Re-Evaluation Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    This notice is being provided pursuant to 40 CFR 2.209(d) to inform
affected businesses that EPA, via DOJ, will provide certain information
to the parties and the Court in the consolidated matters of Rural
Coalition, et al. v. U.S. Environmental Protection Agency, Case No. 20-
70801 (9th Cir.) and Natural Resources Defense Council, et al. v. U.S.
Environmental Protection Agency et al., Case No. 20-70787 (9th Cir.)
(collectively, referred to as the ``Glyphosate Litigation''). The
information is contained in documents that have been submitted to EPA
pursuant to FIFRA and FFDCA by pesticide registrants or other data-
submitters, including information that has been claimed to be, or
determined to potentially contain CBI. In the Glyphosate Litigation,
the petitioners seek judicial review of EPA's Interim Registration
Review Decision (Interim Decision) for the pesticide active ingredient
glyphosate that was issued pursuant to the FIFRA, 7 U.S.C. 136 et seq.
    The documents are being produced as part of the Administrative
Record of the Interim Decision at issue and include documents that
registrants or other data-submitters may have submitted to EPA
regarding the pesticide glyphosate, and that may be subject to various
release restrictions under federal law. The information includes
documents submitted with pesticide registration applications and may
include CBI as well as scientific studies subject to the disclosure
restrictions of FIFRA section 10(g), 7 U.S.C. 136h(g).
    All documents that may be subject to release restrictions under
federal law are designated as ``Confidential or Restricted
Information'' under a Protective Order that parties to the Glyphosate
litigation jointly filed with the court on July 1, 2020 (Dkt.37-2). The
Protective Order precludes public disclosure of any such documents by
the parties in this action who have received the information from EPA,
unless a party successfully obtains a de-designation as Confidential or
Restricted Information of any portion of the Administrative Record via
the procedure described in paragraph 6 of the Protective Order, and
limits the use of such documents to litigation purposes only.
    EPA expects to begin providing documents no later than 10 business
days from the issuance of the Protective Order. If filed with the
Court, such documents would be filed under seal and would not be
available for public review, unless the information contained in the
document has been determined to not be subject to FIFRA section 10(g)
and all CBI has been redacted. At the conclusion of the Glyphosate
Litigation, paragraph 8 of the Protective Order requires that record
material EPA designates as ``Confidential or Restricted Information''
be destroyed or returned to EPA.

    Authority: 7 U.S.C. 136 et seq.; and 21 U.S.C. 301 et seq.

    Dated: August 31, 2020.
Mary Reaves,
Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2020-19773 Filed 9-4-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 15, 2008 (Volume 73, Number 179)]
[Rules and Regulations]
[Page 53128]
[DOCID:fr15se08-7]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 105

[Docket Nos. TSA-2006-24191; USCG-2006-24196]

Transportation Worker Identification Credential (TWIC)
Implementation in the Maritime Sector, Hazardous Materials Endorsement
for a Commercial Driver's License

Correction

     Document E8-15489 was inadvertently published in the Notices
section of Wednesday, July 9, 2008, beginning on page 39323. It should
have appeared in the Rules and Regulations section.

[FR Doc. Z8-15489 Filed 9-12-08; 8:45 am]

BILLING CODE 1505-01-D