and approvals, to perform the tasks they have requested for
transporting hazardous materials. The process through which special
permits and approvals are evaluated requires the applicant to
demonstrate that the requested approval, the alternative transportation
method, or proposed packaging provides an equivalent level of safety as
that for activities and packagings authorized under the HMR. Implicit
in this process is that the special permit or approval must provide an
equivalent level of environmental protection as that provided in the
HMR or demonstrate an alternative consistent with the public interest
that will adequately protect against the risks to life and property
inherent in the transportation of hazardous materials. Thus,
incorporating SOPs to assess the performance capability of special
permit and approval applicants should maintain or exceed the existing
environmental protections built into the HMR.
(2) Incorporation of Some, But Not All, of the Proposed Requirements or
Modifications to These Requirements in Response to Comments Received
    The changes proposed in the NPRM were designed to promote clarity
and ease of the administration of special permits and approvals during
the application review process. Since these changes may make it easier
for special permit and approval applicants to successfully apply to
PHMSA for authorized variances from the HMR, incorporation of the
special permit and approval SOPs into the HMR may result in an
increased number of applicants transporting hazardous materials under
these types of variances. Because PHMSA will have determined the
shipping methods authorized under these new variances to be at least
equal to the safety level required under the HMR or, if a required
safety level does not exist, consistent with the public interest, PHMSA
expects that these additional shipments will not result in associated
environmental impacts. Incorporating only some of these changes will
help to obscure the informational requirements of the special permit
and approval application process, confuse the regulated public by
providing a partial understanding of the information needed to submit a
complete special permit or approval application, and possibly further
delay application review times. PHMSA does not recommend this
alternative.
(3) No Action
    If no action is taken, then special permit and approval applicants
will continue to be assessed in the same manner as they are today. This
will result in no change to the current potential effects to the
environment, but will also not provide the applicant with information
needed to improve its application processing time within PHMSA.
Further, it may negatively impact transportation in commerce by not
making innovative and safe transportation alternatives more easily
available to the hazmat industry. PHMSA does not recommend this
alternative.
Discussion of Environmental Impacts in Response to Comments
    PHMSA solicited comments about potential environmental impacts
associated with the NPRM from other agencies, stakeholders, and
citizens. None of the respondents commented on the potential
environmental impacts of this rule.
Conclusion
    The provisions of this rule build on current regulatory
requirements to enhance the transportation safety of hazardous
materials transported by all modes. PHMSA has calculated that this
rulemaking will not impact the current risk of release of hazardous
materials into the environment. Therefore, PHMSA finds that there are
no significant environmental impacts associated with this final rule.

J. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenters provide, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

K. Executive Order 13609 and International Trade Analysis

    Under Executive Order 13609, agencies must consider whether the
impacts associated with significant variations between domestic and
international regulatory approaches are unnecessary, or may impair the
ability of American business to export and compete internationally. In
meeting shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory cooperation
can identify approaches that are at least as protective as those that
are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent

unnecessary differences in regulatory requirements.
    Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards.
    PHMSA participates in the establishment of international standards
in order to protect the safety of the American public, and we have
assessed the effects of the final rule to ensure that it does not cause
unnecessary obstacles to foreign trade. Accordingly, this final rule is
consistent with E.O. 13609 and PHMSA's obligations.

V. Section by Section Review

Sec.  105.5

    In Sec.  105.5, we revise the definitions for ``approval'' and
``special permit'' to clarify that an approval and special permit may
be issued by the Associate Administrator, the Associate Administrator's
designee, or as otherwise prescribed in the HMR.

Sec.  107.1

    In Sec.  107.1, we revise the definitions for ``approval'' and
``special permit'' to clarify that an approval and special permit may
be issued by the Associate Administrator, the Associate Administrator's
designee, or as otherwise prescribed in the HMR. In addition, we amend
the HMR for clarity to add new definitions for ``applicant fitness,''
``fit or fitness,'' ``fitness coordinator,'' ``insufficient corrective
action,'' and ``sufficient corrective action.''

Sec.  107.113

    In Sec.  107.113, we revise paragraph (a) to state that the
Associate Administrator will review all special permit applications in
conformance with standard operating procedures proposed in new 49 CFR
part 107, Appendix A.

Sec.  107.117

    In Sec.  107.117, we revise paragraph (e) to state that the
Associate Administrator will review all emergency special permit
applications in conformance with standard operating procedures proposed
in new 49 CFR part 107, Appendix A.

Sec.  107.705

    In Sec.  107.705, we revise paragraph (b) for clarity to state that
the information the applicant provides in an approval application must
be relevant to the approval request.

Sec.  107.709

    In Sec.  107.709, we revise paragraph (b) to state that the
Associate Administrator will review all approval applications in
conformance with standard operating procedures proposed in new 49 CFR
part 107, Appendix A.

49 CFR Part 107, Appendix A

    In 49 CFR part 107, we amend the HMR to add new Appendix A to
incorporate PHMSA's existing standard operating procedures for
processing special permits and approval applications. The words
``fitness evaluation'' and ``fitness review'' in 3(b)(i) are replaced
for clarity with the words ``safety profile evaluation'' and ``safety
profile review,'' respectively. The title and words ``safety profile
review'' in 3(b)(ii) are replaced for clarity with ``safety profile
evaluation.'' Further, in response to comments we clarify these
procedures by revising them from four to five phases and define them as
consisting of: Completeness, Federal Register Publication, Evaluation,
Disposition, and Reconsideration.

Sec.  171.8

    In Sec.  171.8, we revise the definitions for ``approval'' and
``special permit'' to clarify that an approval and special permit may
be issued by the Associate Administrator, the Associate Administrator's
designee, or as otherwise prescribed in the HMR. In addition, we add
language to the ``Automated review'' and ``Safety profile review''
sections of the SOPs to clarify that special permit and approval
applications that undergo review by an Operating Administration (OA)
will complete this review before they undergo an automated review, and
that an OA review, depending on its completeness, may negate the need
for the automated review, respectively.

List of Subjects

49 CFR Part 105

    Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements.

49 CFR Part 107

    Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements.

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.

    In consideration of the foregoing, we are amending 49 CFR chapter I
as follows:

PART 105--HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL
PROCEDURES

0
1. The authority citation for part 105 is revised to read as follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
2. In Sec.  105.5, in paragraph (b), the definitions for ``approval''
and ``special permit'' are revised to read as follows:

Sec.  105.5  Definitions.

* * * * *
    Approval means a written authorization, including a competent
authority approval, issued by the Associate Administrator, the
Associate Administrator's designee, or as otherwise prescribed in the
HMR, to perform a function for which prior authorization by the
Associate Administrator is required under subchapter C of this chapter
(49 CFR parts 171 through 180).
* * * * *
    Special permit means a document issued by the Associate
Administrator, the Associate Administrator's designee, or as otherwise
prescribed in the HMR, under the authority of 49 U.S.C. 5117 permitting
a person to perform a function that is not otherwise permitted under
subchapter A or C of this chapter, or other regulations issued under 49
U.S.C. 5101 et seq. (e.g., Federal Motor Carrier Safety routing
requirements).
* * * * *

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
3. The authority citation for part 107 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section
4 (28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L.
104-134 section 31001; Pub. L. 112-141 section 33006, 33010; 49 CFR
1.81 and 1.97.

0
4. In Sec.  107.1:

0
a. Add in alphabetical order a definition for ``applicant fitness'';
0
b. Revise the definition for ``approval'';
0
c. Add in alphabetical order definitions for ``fit or fitness,''
``fitness coordinator,'' and ``insufficient corrective action'';
0
d. Revise the definition for ``special permit''; and
0
e. Add in alphabetical order a definition for ``sufficient corrective
action''.
    The additions and revisions read as follows:

Sec.  107.1  Definitions.

* * * * *
    Applicant fitness means a determination by PHMSA, the Associate
Administrator's designee, or as otherwise prescribed in the HMR, that a
special permit or approval applicant is fit to conduct operations
requested in the application or an authorized special permit or
approval.
* * * * *
    Approval means a written authorization, including a competent
authority approval, issued by the Associate Administrator, the
Associate Administrator's designee, or as otherwise prescribed in the
HMR, to perform a function for which prior authorization by the
Associate Administrator is required under subchapter C of this chapter
(49 CFR parts 171 through 180).
* * * * *
    Fit or fitness means demonstrated and documented knowledge and
capabilities resulting in the assurance of a level of safety and
performance necessary to ensure compliance with the applicable
provisions and requirements of subchapter C of this chapter or a
special permit or approval issued under subchapter C of this chapter.
    Fitness coordinator means the PHMSA Field Operations (FOPS)
Division officer or an authorized representative or special agent of
DOT upon request, such as an Operating Administration (OA)
representative, that conducts reviews regarding an organization's
hazardous materials operations, including such areas as accident
history, on-site inspection, compliance data, and other safety and
transportation records to determine whether a special permit or
approval applicant is determined to be fit as prescribed in Sec. Sec.
107.113(f)(5) and 107.709(d)(5).
* * * * *
    Insufficient corrective action means that either a PHMSA Field
Operations (FOPS) Division officer or an authorized representative or
special agent of DOT upon request, such as an Operating Administration
(OA) representative, has determined that evidence of an applicant's
corrective action in response to prior to enforcement cases is
inadequate or incomplete and the basic safety management controls
proposed for the type of hazardous material, packaging, procedures,
and/or mode of transportation remain inadequate to prevent recurrence
of a violation.
* * * * *
    Special permit means a document issued by the Associate
Administrator, the Associate Administrator's designee, or as otherwise
prescribed in the HMR, under the authority of 49 U.S.C. 5117 permitting
a person to perform a function that is not otherwise permitted under
subchapters A or C of this chapter, or other regulations issued under
49 U.S.C. 5101 et seq. (e.g., Federal Motor Carrier Safety routing
requirements).
* * * * *
    Sufficient corrective action means that either a PHMSA Field
Operations officer or an authorized representative or special agent of
DOT upon request, such as an Operating Administration (OA)
representative, has determined that evidence of an applicant's
corrective action in response to prior to enforcement cases is
sufficient and the basic safety management controls proposed for the
type of hazardous material, packaging, procedures, and/or mode of
transportation are inadequate.
* * * * *

0
5. In Sec.  107.113, paragraph (a) is revised to read as follows:

Sec.  107.113  Application processing and evaluation.

    (a) The Associate Administrator reviews an application for a
special permit, modification of a special permit, party to a special
permit, or renewal of a special permit in conformance with the standard
operating procedures specified in appendix A of this part (``Standard
Operating Procedures for Special Permits and Approvals'') to determine
if it is complete and conforms with the requirements of this subpart.
This determination will typically be made within 30 days of receipt of
the application for a special permit, modification of a special permit,
or party to a special permit, and typically within 15 days of receipt
of an application for renewal of a special permit. If an application is
determined to be incomplete, the Associate Administrator may reject the
application. If that occurs, PHMSA will inform the applicant of the
deficiency in writing.
* * * * *

0
6. In Sec.  107.117, paragraph (e) is revised to read as follows:

Sec.  107.117  Emergency processing.

* * * * *
    (e) Upon receipt of all information necessary to process the
application, the receiving Department official transmits to the
Associate Administrator, by the most rapidly available means of
communication, an evaluation as to whether an emergency exists under
Sec.  107.117(a) and, if appropriate, recommendations as to the
conditions to be included in the special permit. The Associate
Administrator will review an application for emergency processing of a
special permit in conformance with the standard operating procedures
specified in appendix A of this part (``Standard Operating Procedures
for Special Permits and Approvals'') to determine if it is complete and
conforms with the requirements of this subpart. If the Associate
Administrator determines that an emergency exists under Sec.
107.117(a) and that, with reference to the criteria of Sec.
107.113(f), granting of the application is in the public interest, the
Associate Administrator will grant the application subject to such
terms as necessary and immediately notify the applicant. If the
Associate Administrator determines that an emergency does not exist or
that granting of the application is not in the public interest, the
applicant will be notified immediately.
* * * * *

0
7. In Sec.  107.705, paragraph (b) introductory text is revised to read
as follows:

Sec.  107.705  Registrations, reports, and applications for approval.

* * * * *
    (b) Description of approval proposal. In addition to the provisions
in paragraph (a) for an approval, an application for an approval, or an
application for modification or renewal of an approval, the applicant
must include the following information that is relevant to the approval
application--
* * * * *

0
8. In Sec.  107.709, paragraph (b) is revised to read as follows:

Sec.  107.709  Processing of an application for approval, including an
application for renewal or modification.

* * * * *
    (b) The Associate Administrator will review an application for an
approval,

modification of an approval, or renewal of an approval in conformance
with the standard operating procedures specified in appendix A of this
part (``Standard Operating Procedures for Special Permits and
Approvals''). At any time during the processing of an application, the
Associate Administrator may request additional information from the
applicant. If the applicant does not respond to a written request for
additional information within 30 days of the date the request was
received, the Associate Administrator may deem the application
incomplete and deny it. The Associate Administrator may grant a 30-day
extension to respond to the written request for additional information
if the applicant makes such a request in writing.
* * * * *

0
9. Add Appendix A to 49 CFR part 107 to read as follows:

Appendix A to Part 107--Standard Operating Procedures for Special
Permits and Approvals

    This appendix sets forth the standard operating procedures
(SOPs) for processing an application for a special permit or an
approval in conformance with 49 CFR parts 107 and 171 through 180.
It is to be used by PHMSA for the internal management of its special
permit and approval programs.
    The words ``special permit'' and ``approval'' are defined in
Sec.  107.1. PHMSA receives applications for: (1) Designation as an
approval or certification agency, (2) a new special permit or
approval, renewal or modification of an existing special permit or
an existing approval, (3) granting of party status to an existing
special permit, and (4) in conformance with Sec.  107.117, emergency
processing for a special permit. Depending on the type of
application, the SOP review process includes several phases, such as
Completeness, Publication, Evaluation, and Disposition.

                              Special Permit and Approval Evaluation Review Process
----------------------------------------------------------------------------------------------------------------
                                                                     Non-
                                               Special permit   classification   Classification    Registration
                                                                   approval         approval         approval
----------------------------------------------------------------------------------------------------------------
1. Completeness.............................               X                X                X                X
2. Publication..............................               X   ...............  ...............  ...............
3. Evaluation...............................
a. Technical................................               X                X                X   ...............
b. Safety Profile...........................               X                X   ...............               X
4. Disposition..............................
a. Approval.................................               X                X                X                X
b. Denial...................................               X                X                X                X
c. Reconsideration/Appeal...................               X                X                X                X
----------------------------------------------------------------------------------------------------------------

    An approval for assessing an applicant's ability to perform a
function that does not involve classifying a hazardous material is
described as a non-classification approval and certifies that: An
approval holder is qualified to requalify, repair, rebuild, and/or
manufacture cylinders stipulated in the HMR; an agency is qualified
to perform inspections and other functions outlined in an approval
and the HMR; an approval holder is providing an equivalent level of
safety or safety that is consistent with the public interest in the
transportation of hazardous materials outlined in the approval; and
a radioactive package design or material classification fully
complies with applicable domestic or international regulations. An
approval for assessing the hazard class of a material is described
as a classification approval and certifies that explosives,
fireworks, chemical oxygen generators, self-reactive materials, and
organic peroxides have been classed for manufacturing and/or
transportation based on requirements stipulated in the HMR.
Registration approvals include the issuance of a unique
identification number used solely as an identifier or in conjunction
with approval holder's name and address, or the issuance of a
registration number that is evidence the approval holder is
qualified to perform an HMR-authorized function, such as visually
requalifying cylinders. This appendix does not include registrations
issued under 49 CFR part 107, subpart G.
    1. Completeness. PHMSA reviews all special permit and approval
applications to determine if they contain all the information
required under Sec.  107.105 (for a special permit), Sec.  107.117
(for emergency processing) or Sec.  107.402 (for designation as a
certification agency) or Sec.  107.705 (for an approval). If PHMSA
determines an application does not contain all the information
needed to evaluate the safety of the actions requested in the
application, the Associate Administrator may reject the application.
If the application is rejected, PHMSA will notify the applicant of
the deficiencies in writing. An applicant may resubmit a rejected
application as a new application, provided the newly submitted
application contains the information PHMSA needs to make a
determination.
    Emergency special permit applications must comply with all the
requirements prescribed in Sec.  107.105 for a special permit
application, and contain sufficient information to determine that
the applicant's request for emergency processing is justified under
the conditions prescribed in Sec.  107.117.
    2. Publication. When PHMSA determines an application for a new
special permit or a request to modify an existing special permit is
complete and sufficient, PHMSA publishes a summary of the
application in the Federal Register in conformance with Sec.
107.113(b). This provides the public an opportunity to comment on a
request for a new or a modification of an existing special permit.
    3. Evaluation. The evaluation phase consists of two assessments,
which may be done concurrently, a technical evaluation and a safety
profile evaluation. When applicable, PHMSA consults and coordinates
its evaluation of applications with the following Operating
Administrations (OAs) that share enforcement authority under Federal
hazardous material transportation law: Federal Aviation
Administration, Federal Motor Carrier Safety Administration, Federal
Railroad Administration, and United States Coast Guard. PHMSA also
consults other agencies with hazardous material subject-matter
expertise, such as the Nuclear Regulatory Commission and the
Department of Energy.
    (a) Technical evaluation. A technical evaluation considers
whether the proposed special permit or approval will achieve a level
of safety at least equal to that required under the HMR or, if a
required safety level does not exist, considers whether the proposed
special permit is consistent with the public interest in that it
will adequately protect against the risks to life and property
inherent in the transportation of hazardous material. For a
classification approval, the technical evaluation is a determination
that the application meets the requirements of the regulations for
issuance of the approval. If formal coordination with another OA is
included as part of the evaluation phase, that OA is responsible for
managing this process within the applicable OA. The OA reviews the
application materials and PHMSA's technical evaluation, and may
provide their own evaluation, comments and recommendations. The OA
may also recommend operational controls or limitations to be
incorporated into the special permit or approval to improve its
safety.
    (b) Safety profile evaluation. Each applicant for a special
permit or non-classification approval is subject to a safety profile
evaluation to assess if the applicant is fit to conduct the activity
authorized by the special permit or approval application. PHMSA will
coordinate the safety profile evaluations with the appropriate OA if
a proposed activity is specific to a particular mode of
transportation, if the proposed activity will set new precedent or
have a significant economic impact, or if an OA

requests participation. PHMSA does not conduct initial safety
profile reviews as part of processing classification approvals,
which include fireworks, explosives, organic peroxides, and self-
reactive materials. Additionally, cylinder approvals and
certification agency approvals do not follow the same minimum safety
profile review model.
    (i) Automated Review. An applicant for a special permit or
approval which requires a safety profile evaluation, but does not
include coordination with an OA, is subject to an automated safety
profile review. If the applicant passes the initial automated
review, the applicant is determined to be fit. If the applicant
fails the initial automated review, the applicant is subject to a
safety profile evaluation. An applicant that fails a safety profile
evaluation may be determined to be unfit. To begin this review,
PHMSA or the applicant enters the applicant's information into the
web-based Hazardous Materials Information System (HMIS) or Hazmat
Intelligence Portal (HIP), or other future application processing
technology that provide an integrated information source to identify
hazardous material safety trends through the analysis of incident
and accident information, and provide access to comprehensive
information on hazardous materials incidents, special permits and
approvals, enforcement actions, and other elements that support
PHMSA's regulatory program. PHMSA then screens the applicant to
determine if, within the four years prior to submitting its
application, the applicant was involved in any incident attributable
to the applicant or package where two or more triggers for a safety
profile review or five or more triggers for on-site inspection
enforcement case referral events occurred.
    (1) The trigger events are listed in the following table:

------------------------------------------------------------------------
                                          Trigger for on-site inspection
   Trigger for safety profile review                    *
------------------------------------------------------------------------
(1) Any incident that involved a death   (1) Evidence that an applicant
 or injury;.                              is at risk of being unable to
                                          comply with the terms of an
                                          application, including those
                                          listed below.
(2) Two or more incidents involving a    (2) An on-site inspection at
 Sec.   172.504(e) (placarding) Table 1   the recommendation of the
 hazardous material;                      fitness coordinator if the
                                          following criteria applies--
                                          Any incident listed under
                                          automated review in paragraph
                                          3(b)(i) of this appendix is
                                          attributable to the applicant
                                          or package, other than driver
                                          error.
(3) Three or more incidents involving a  (3) If, during an inspection,
 bulk packaging, or an applicant that     evidence is found in the four
 is acting as an interstate carrier of    years prior to submitting its
 hazardous materials under the terms of   application that an applicant
 the special permit or an approval; or    has not implemented sufficient
                                          corrective actions for prior
                                          violations, or is at risk of
                                          being unable to comply with
                                          the terms of an application
                                          for a special permit or
                                          approval, an existing special
                                          permit or approval, or the
                                          HMR, then PHMSA will determine
                                          that the applicant is unfit to
                                          conduct the activities
                                          requested in an application or
                                          authorized special permit or
                                          approval.
(4) Any incident that involved:          (4) Incorrect or missing: (a)
 Incorrect package selection; leaking     Markings, (b) labels, (c)
 packages; not following closure          placards, or (d) shipping
 instructions; failure to test            papers.
 packages, if applicable; and failure
 to secure packages, including
 incorrect blocking and/or bracing.
------------------------------------------------------------------------
* The Fitness Coordinator assesses and applies these triggers.

    (2) If an applicant is acting as an interstate carrier of
hazardous materials under the terms of the special permit, they will
be screened in an automated manner based upon criteria established
by FMCSA, such as that contained in its Safety and Fitness
Electronic Records (SAFER) system, which consists of interstate
carrier data, several states' intrastate data, interstate vehicle
registration data, and may include operational data such as
inspections and crashes.
    (ii) Safety profile evaluation. A fitness coordinator, as
defined in Sec.  107.1, conducts a safety profile evaluation of all
applicants meeting any of the criteria listed earlier in this
appendix under ``automated review,'' and all applicants whose safety
profile evaluations are subject to coordination with an OA, as
described in introductory paragraph 3(b) of this appendix. In a
safety profile evaluation, PHMSA or the OA performs an in-depth
evaluation of the applicant based upon items the automated review
triggered concerning the applicant's four-year performance and
compliance history prior to the submission of the application.
Information considered during this review may include the
applicant's history of prior violations, insufficient corrective
actions, or evidence that the applicant is at risk of being unable
to comply with the terms of an application for an existing special
permit, approval, or the HMR. PHMSA performs the review or
coordinates with the OAs, if necessary, if two or more modes of
transportation are requested in the application, and coordinates
this review with the OA(s) of the applicable mode(s). The applicable
OA performs the review if one mode of transportation is requested in
the application. If necessary, the fitness coordinator will attempt
to contact the applicant for clarifying information. If the
information provided is sufficient, an on-site inspection may not be
necessary. After conducting an evaluation, if the fitness
coordinator determines that the applicant may be unfit to conduct
the activities requested in the application, the coordinator will
forward the request and supporting documentation to PHMSA's Field
Operations Division, or a representative of the Department, such as
an authorized Operating Administration representative, to perform an
on-site inspection. After the safety profile evaluation is
completed, if the applicant is not selected for an on-site
inspection, the applicant is determined to be fit. On-site
inspections are not required for fitness determinations from modal
administrations according to their own procedures.
    (iii) On-Site Inspection. (A) The factors in paragraph 3(b)(i)
and 3(b)(ii) are used as evidence that an applicant is at risk of
being unable to comply with the terms of an application, including
those listed below. PHMSA's Field Operations Division or
representative of the Department, such as an Operating
Administration representative, will conduct an on-site inspection at
the recommendation of the fitness coordinator if one of the
following criteria applies:
    (1) Any incident listed under automated review in paragraph
3(b)(i) of this appendix is attributable to the applicant or
package, other than driver error;
    (2) Insufficient Corrective Actions, as defined in Sec.  107.1,
in any enforcement case for a period of four years prior to
submitting the application, except when re-inspected with no
violations noted; or
    (3) Items noted by an IIA on a cylinder requalifier inspection
report, except when re-inspected with no violations noted.
    (B) If, during an inspection, the PHMSA investigator or a
representative of the Department finds evidence in the four years
prior to submitting its application that an applicant has not
implemented sufficient corrective actions for prior violations, or
is at risk of being unable to comply with the terms of an
application for a special permit or approval, an existing special
permit or approval, or the HMR, then PHMSA will determine that the
applicant is unfit to conduct the activities requested in an
application or authorized special permit or approval.
    4. Disposition. (a) Special Permit. If an application for a
special permit is issued, PHMSA provides the applicant, in writing,
with a special permit and an authorization letter if party status is
authorized.
    (b) Approval. If an application for approval is issued, PHMSA
provides the applicant, in writing, with an approval, which may come
in various forms, including:
    (1) An ``EX'' approval number for classifying an explosive
(including fireworks;

see Sec. Sec.  173.56, 173.124, 173.128, and 173.168(a));
    (2) A ``RIN'' (requalification identification number) to
uniquely identify a cylinder requalification, repair, or rebuilding
facility (see Sec.  180.203);
    (3) A ``VIN'' (visual identification number) to uniquely
identify a facility that performs an internal or external visual
inspection, or both, of a cylinder in conformance with 49 CFR part
180, subpart C, or applicable CGA Pamphlet or HMR provision;
    (4) An ``M'' number for identifying packaging manufacturers (see
Sec.  178.3); or
    (5) A ``CA'' (competent authority) for general approvals (see
Sec. Sec.  107.705, 173.185, and 173.230).
    (c) Denial. An application for a special permit or approval may
be denied in whole or in part. For example, if an application
contains sufficient information to successfully complete its
technical review but the Associate Administrator determines the
applicant is unfit, the application will be denied. If an
application for a special permit or an approval is denied, PHMSA
provides the applicant with a brief statement, in writing, of the
reasons for denial and the opportunity to request reconsideration
(see Sec. Sec.  107.113(g), 107.402, and 107.709(f)).
    (d) Reconsideration and Appeal. (1) Special Permit. If an
application for a special permit is denied, the applicant may
request reconsideration as provided in Sec.  107.123 and, if the
reconsideration is denied, may appeal as provided in Sec.  107.125.
Applicants submitting special permit reconsiderations and appeals
must do so in the same manner as new applications, provided the new
submission is sufficiently complete to make a determination.
    (2) Approval. If an application for an approval is denied, the
applicant may request reconsideration as provided in Sec.  107.715
and, if the reconsideration is denied, may appeal as provided in
Sec.  107.717. Applicants submitting approval reconsiderations and
appeals must do so in the same manner as new applications, provided
the new submission is sufficiently complete to make a determination.

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
10. The authority citation for part 171 is revised to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; Pub. L. 101-410, section
4 (28 U.S.C. 2461 note); Pub. L. 104-121, sections 212-213; Pub. L.
104-134, section 31001; 49 CFR 1.81 and 1.97.

0
11. In Sec.  171.8, the definitions for ``approval,'' and ``special
permit'' are revised to read as follows:

Sec.  171.8  Definitions and abbreviations.

* * * * *
    Approval means a written authorization, including a competent
authority approval, issued by the Associate Administrator, the
Associate Administrator's designee, or as otherwise prescribed in the
HMR, to perform a function for which prior authorization by the
Associate Administrator is required under subchapter C of this chapter
(49 CFR parts 171 through 180).
* * * * *
    Special permit means a document issued by the Associate
Administrator, the Associate Administrator's designee, or as otherwise
prescribed in the HMR, under the authority of 49 U.S.C. 5117 permitting
a person to perform a function that is not otherwise permitted under
subchapter A or C of this chapter, or other regulations issued under 49
U.S.C. 5101 et seq. (e.g., Federal Motor Carrier Safety routing
requirements).
* * * * *

    Issued in Washington, DC, on September 2, 2015, under the
authority delegated in 49 CFR part 1.97.
Marie Therese Dominguez,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2015-22617 Filed 9-9-15; 8:45 am]
 BILLING CODE 4910-60-P


[Federal Register Volume 87, Number 78 (Friday, April 22, 2022)]
[Notices]
[Pages 24149-24150]
[FR Doc No: 2022-08550]

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

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: RP22-820-000.
    Applicants: Southern Company Services, Inc., Florida Power & Light
Company.
    Description: Joint Petition for Limited Waiver of Capacity Release
Regulations, et al. of Southern Company Services, Inc. et al.
    Filed Date: 4/13/22.
    Accession Number: 20220413-5238.
    Comment Date: 5 p.m. ET 4/25/22.

    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 5:00
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: RP21-1187-000.
    Applicants: Eastern Gas Transmission and Storage, Inc.
    Description: Report Filing: EGTS--Rate Case 45-Day Update Filing to
be effective N/A.
    Filed Date: 4/14/22.
    Accession Number: 20220414-5120.
    Comment Date: 5 p.m. ET 4/26/22.

    Docket Numbers: RP22-800-001.

    Applicants: Columbia Gas Transmission, LLC.
    Description: Tariff Amendment: Errata to Colonial and Vitol Agmt
Filing--Metadata Update to be effective 4/1/2022.
    Filed Date: 4/14/22.
    Accession Number: 20220414-5204.
    Comment Date: 5 p.m. ET 4/26/22.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings 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<PHONE_NUMBER>.

    Dated: April 15, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-08550 Filed 4-21-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Notices]
[Pages 69266-69267]
[FR Doc No: 2011-28864]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-240-000]

PPL Energy Supply, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
PPL Energy Supply, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214

of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 21, 2011.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 31, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-28864 Filed 11-7-11; 8:45 am]
BILLING CODE 6717-01-P


              OFFICE OF CHEMICAL SAFETY
AND POLLUTION PREVENTION
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            WASHINGTON, D.C.  20460
              OFFICE OF CHEMICAL SAFETY
AND POLLUTION PREVENTION
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            WASHINGTON, D.C.  20460

								PC Code: 	288202
                        				DP Barcode:	D421158

MEMORANDUM

DATE:		January 12, 2015

SUBJECT:		Estimated Drinking Water Concentrations for Cyprodinil and its Metabolite CGA-249287 for the New Uses of the Chemical on Certain Stone Fruits (Crop Group 12-12), Certain Tropical Fruits, Artichoke, Cucumber (Greenhouse Use), and Pomegranate (Postharvest Dip)

FROM:		José L. Meléndez, Chemist
				Environmental Risk Branch 5
				Environmental Fate and Effects Division (7507P)

THROUGH:	Mah T. Shamim, Ph.D., Branch Chief
				Environmental Risk Branch 5
				Environmental Fate and Effects Division (7507P)

TO:				Erin Malone, Risk Manager Reviewer
				Hope Johnson, Product Manager #21
				Cynthia Giles-Parker, Branch Chief
				Fungicide Branch
				Registration Division (7505P)

AND:			Thurston Morton, Chemist
				Elissa Reaves, Branch Chief
				Risk Assessment Branch 4
				Health Effects Division (7509P)

This memo presents the Estimated Drinking Water Concentrations (EDWCs) for cyprodinil, an active ingredient of Vangard[(R)] WG, Switch[TM] 62.5G, and Inspire Super(TM) Fungicides, and its metabolite CGA-249287 (as per the Metabolism Assessment Review Committee's decision document (MARC)), for the new uses of the chemical on certain stone fruits (Crop Group 12-12), certain tropical fruits, artichoke, cucumber (greenhouse use), and pomegranate (postharvest dip).  Based on a review of the use information, it was found that all the newly proposed crops have a similar or lower application rate than the maximum application rate of 0.47 lb a.i./A applied three times per year, or 1.4 lb a.i./A/year, previously modeled using the New York grapes scenario.  EDWCs for the new uses should be similar than those already calculated for grapes.  Since previously modeled crops cover the new proposed crops, the results of the previous drinking waters assessment (DWA) can be used for the new uses; a new DWA is not required.  In addition, this DWA provides EDWCs from the new model PRZM-GW, which had not been modeled in the past.  Appendix A provides the groundwater results obtained from PRZM-GW.  A previous DWA, dated November 8, 2010 (DP Barcode D382086), involved only the products Vangard(R) WG and Switch(R) 62.5G Fungicides and the request to apply a maximum of two times aerially the products to most of the crops, and chemigation applications for several of the crops.  The DWA provides structures and nomenclature of cyprodinil and its metabolite CGA-249287, as well as a summary of environmental fate for the chemical.  In a 2011 DWA, a number of new uses were evaluated (DP Barcode D391853, dated November 4, 2011), but it referred back to the 2010 DWA for EDWCs.

The tier 2 aquatic models PRZM/EXAMS, and the models SCI-GROW and PRZM-GW were used to obtain EDWCs in surface water and groundwater, respectively.  The acute EDWC in surface water is 34.8 μg/L for the total residues of cyprodinil plus CGA-249287.  The chronic EDWC in surface waters is 24.7 μg/L for the total residues of cyprodinil and CGA-249287.  The cancer/chronic EDWC in surface waters is 16.4 μg/L for the total residues of cyprodinil and CGA-249287.  All surface waters EDWCs were obtained using the New York grapes PRZM scenario.  The PRZM-GW generated EDWC for the use on grapes, using the FL citrus surrogate scenario were 2.05 μg/L for the total residues of cyprodinil and CGA-249287 (acute) and 1.80 μg/L for the total residues (chronic).  For details on methods, characterization of results, uncertainties, etc., please, refer to the previous DWAs. Table 1 provides a summary of the Tier 2 modeled drinking water concentrations.

Table 1.  Maximum Estimated Drinking Water Concentrations for the Use of Cyprodinil (expressed as total residues of cyprodinil plus its degradate CGA-249287)
DRINKING WATER SOURCE (MODEL USED)
USE (rate modeled per year)
MAXIMUM ESTIMATED DRINKING WATER CONCENTRATION  (EDWC)  ( ppb)
Groundwater (PRZM-GW)
FL citrus[1] (1.4 lb a.i.)
Acute
                                     2.05

Chronic
                                     1.80
Surface water
(PRZM/EXAMS)
NY grapes (1.4 lb a.i.)
Acute
                                     34.8

Chronic
                                     24.7

Cancer/Chronic
                                     16.4
1 Scenario was used as a surrogate and run with the maximum application rate for grapes.

Should it be required, additional refinements may be available.  For example, regional PCAs and typical use rates may be options to be used should it be requested by HED.

Identification of specific data gaps:

The environmental fate data base for cyprodinil is considered substantially complete; there are no new data available for this assessment.  There is uncertainty with the aqueous photolysis study (MRID 43908422).  It was carried out with natural (unsterilized) water.  Phototransformation of cyprodinil in the irradiated samples followed a biphasic pattern, with slow transformation at the beginning.  The possibility of microbial transformation is not ruled out.  For modeling purposes, it was assumed that cyprodinil is stable to aqueous photolysis, which is a conservative assumption.  Since the Problem Formulation for Registration Review was issued in 2012 (DP Barcode D393800), aerobic soil metabolism studies were submitted, which are currently in review.

Use information:

Three end-use products are involved in this DWA, as shown below.  One product contains only cyprodinil, while two of the products have another active ingredient:

   * Vangard(R) WG Fungicide (EPA Reg. No. 100-828), containing 75.0% cyprodinil A.I. and 25.0% other ingredients
   * Switch(R) 62.5G Fungicide (EPA Reg. No. 100-953) containing 37.5% cyprodinil A.I., 25.0% fludioxonil A.I. and 37.5% other ingredients
   * Inspire Super(TM) Fungicide (EPA Reg. No. 100-1317) containing 24.1% cyprodinil A.I., 8.4% difenoconazole A.I. and 67.5% other ingredients

Table 2 provides a summary of the current and proposed use information for the pesticide cyprodinil only (i.e., the table does not include the other two active ingredients).  It also shows which crops have been modeled in the past.  Generally, no more than two sequential applications are allowed as part of a resistance management strategy (unless otherwise stated for a crop).  The label requires a buffer zone to protect lakes, reservoirs, rivers, permanent streams, marshes or natural ponds, estuaries and commercial fish ponds.  For ground applications the buffer zone is 75 ft; meanwhile, for aerial applications the buffer zone is 150 ft.  A vegetative filter strip should be allowed within 10 ft of aquatic areas.  Furthermore, other measures of precaution are required (e.g. applications when gusts or sustained winds exceed 10 mph are not allowed).

Several crops have been modeled in the past, using seasonal rates of 1.4 lb a.i./A/season.  These include CA almond, NY grape, CA fruit and MI cherry.  Additionally, other crops have been modeled using a seasonal rate of 1.3 lb a.i./A/season, which included OR snap bean, FL strawberry, MO melon, NC sweet potato, GA onion and PA tomato.  The new uses involve similar rates: for the additional stone fruits the maximum seasonal rate is 1.4 lb a.i./A/season; for the additional tropical fruits it is 1.3 lb a.i./A/season; and for artichoke it is 1.32 lb a.i./A/season.  The new use on cucumber is for greenhouses, and the use on pomegranate is for before and after storage; the uses on cucumber for greenhouses and pomegranate do not involve substantial exposure to wildlife.

Since previously modeled crops cover the new proposed crops, the results of the previous DWA can be used for the new uses.

Table 2.  Summary of use information for cyprodinil, based on Vangard[(R)] WG (EPA Reg. No. 100-828), Switch(R) 62.5G (EPA Reg. No. 100-953) and Inspire Super(R) (EPA Reg. No. 1317) Fungicides.  Changes or new crops are shaded blue.  Scenarios that were previously modeled are shaded yellow.
Use
                              Max Single App Rate
                                  (lb a.i./A)
                          Number of Apps at Max Rate
                               Annual App. Rate
                                (lb a.i./A/yr)
                       Min Interval Between Apps. (days)
                                  App Method
                          Pre-Harvest Interval (days)
Almond (CA almond)
                                     0.47
                                       3
                                      1.4
                                 NS or 14 (1)
                                     G, A*
                                      14
Pistachio
                                     0.33
                                       4
                                      1.3
                                      14
                                     G, A*
                                       7
Tree Nuts (beech, Brazil nut, butternut, cashew, chestnut, chinquapin, filbert (hazelnut), hickory nut, macadamia nut, pecan, walnut (black and English))
                                     0.47
                                       3
                                      1.4
                                      NS
                                     (2)
                                     G, A*
                                      14
Citrus (lemon, lime)
                                     0.33
                                       1
                                     0.33
                                      N/A
                                       G
                                       0
Grapes (NY Grape) (including cultivars, varieties, and/or hybrids of these; Amur river grape, hardy kiwifruit, maypop, schisandra berry; and muscadines, gooseberry for Inspire Super(TM) only)
                                     0.47
                                       3
                                      1.4
                                       7
                                     G, A*
                                      (5)
                                      7;
                      (14 days for Inspire Super(R) only)
Kiwi
                                     0.47
                                       2
                                     0.94
                                       7
                                     G, A*
                                       0
Pome Fruits (CA fruit) (apples, azarole, crabapples, loquat, mayhaw, medlar, pears, Asian pear, quince, Chinese quince, Japanese quince, tejocote and cultivars, varieties and/or hybrids of these)
                                     0.23
                                       6
                                      1.4
                                       7
                                     G, A*
                                      (6)
                                       0
Stone Fruits, Crop Group 12-12 (MI Cherry) (apricot, tart cherries, nectarines, peaches, plums, prunes, plumcot, Japanese apricot, capulin, black cherry, Nanking cherry, sweet cherry, Chinese jujube, beach plum, Canada plum, cherry plum, American plum, Chickasaw plum, Damson plum, Japanese plum, Klamath plum, prune plum, sloe, including all cultivars and/ or hybrids of these)
                                    0.33**,
                                  ----------
                                    0.23**,
                                  ----------
                                 0.47** in CA
                                      ~5,
                                    -------
                                      6,
                                    -------
                   up to 2 in CA (plus 2 apps at 0.23 lb/A)
                                      1.4
                                    N/S (3)
                                     G, A*
                                       2
Tropical Fruits (Dragon fruit, lychee, longan, Spanish lime, rambutan, pulasan, avocado, black sapote, canistel, mamey sapote, mango, papaya, sapodilla, star apple, acerola, feijoa, guava, jaboticaba, passionfruit, starfruit, wax jambu)
                                     0.33
                                       4
                                      1.3
                                       7
                                     G, A*
                                      (5)
                                       0
Beans (dried and succulent, except cowpeas) (OR Snap Bean) (garbanzo bean or chickpea, grain lupin bean, sweet lupin bean, white lupin bean, white sweet lupin bean, kidney bean, lima bean, mung bean, navy bean, pinto bean, snap bean, wax bean, fava bean, asparagus bean and blackeyed pea)
                                     0.33
                                       4
                                      1.3
                                       7
                                   G, A*, C
                                       7
Strawberries (FL Strawberry) (including cultivars, varieties, and/or hybrids of these, bearberry, bildberry, cloudberry, mountries, partridgeberry)
                                     0.47
                                   3 at 0.43
                                      1.3
                                       7
                                   G, A*, C
                                      (5)
                                       0
Berries: (including all cultivars and/ or hybrids of these)
Bushberries (aronia berry, black currant, blueberry high and low bush, Buffalo currant, Chilean guava, currant, edible honeysuckle, elderberry, European barberry, gooseberry, highbush cranberry, huckleberry, jostaberry, juneberry (Saskatoon berry), lingonberry, native currant, red currant, salal, sea buckthorn)
Caneberries (blackberry, loganberry, red and black raspberry, wild raspberry)
                                     0.33
                                       4
                                      1.3
                                       7
                                     G, A*
                                      (5)
                                       0
Brassica (cole) leafy vegetables (broccoli, Chinese broccoli, broccoli raab, Brussel sprouts, cabbage, Chinese cabbage, cauliflower, cavalo broccolo, collards, kale, kohlrabi, mizuna, mustard greens, mustard spinach, rape greens and turnip greens)
                                     0.33
                                       4
                                      1.3
                                       7
                                   G, A*, C
                                       7
Cucurbit Crops (MO Melon) (cantaloupe, cucumber*, guourds, honeydew, muskmelon, watermelon, chayote, Chinese waxgourd, Momordica spp. (bitter melon, balsam apple), pumpkin, squash and zucchini)
                                     0.33
                                       4
                                      1.3
                                       7
                                   G, A*, C
                                       1
Herbs, Dried and Fresh (angelica, balm, basil, borage, burnet, camomille, catnip, dried chervil leaves, chive, clary, coriander leaves {cilantro}, costmary, culantro leaves, curry leaves, dillweed, horehound, hyssop, lavender, lemongrass, lovage leaves, marigold, marjoram, nasturtium, dried parsley leaves, pennyroyal, rosemary, rue, sage, summer and winter savory, sweet bay, tansy, tarragon, thyme, wintergreen, woodruff and wormwood)
                                     0.33
                                       4
                                      1.3
                                       7
                                   G, A*, C
                                       7
Leafy Vegetables (except brassica) (head and leaf of lettuce, amaranth, arugula, chervil, edible chrysanthemum, corn salad, cress, dandelion, dock, escarole endive (escarole), New Zealand spinach, orach, parsley, purslane, radicchio, spinach, spinach vine)
Leafy Petioles (Cardoon celery; celery; Chinese celery; celtuce; Florence fennel; rhubarb; Swiss chard)
                                     0.33
                                       4
                                      1.3
                                       7
                                   G, A*, C
                                      (7)
                                       0
Leaves of Root and Tuber Vegetables (NC Sweet Potato) (carrot, garden beet, sugar beet, edible burdock, cassava, celeriac, chicory, dasheen, parsnip, Oriental radish, rutabaga, black salsify, Spanish salsify, sweet potato, tanier, turnip rooted chervil, true yam)
                                     0.33
                                       4
                                    1.3 (4)
                                       7
                                   G, A*, C
                                       7
Root Vegetables (except sugar beet) (edible burdock, carrot, celeriac, chicory, garden beet, ginseng, horseradish, parsnip, Oriental radish, rutabaga, black salsify, Spanish salsify, skirret, turnip, turnip root parsley, turnip rooted chervil)
                                     0.33
                                       4
                                    1.3 (4)
                                       7
                                   G, A*, C
                                       7
Bulb Onion (GA Onion) (Chinese onion, dry bulb onion, daylily bulb, Fritillaria bulb, garlic, great headed garlic, lily bulb, pearl onion, potato onion, serpent garlic, shallot)
Green Onion (Beltsville bunching onion, Chinese chive fresh leaves, fresh chive leaves, Fritillaria leaves, fresh onion, green onion, Hosta elegans, Kurrat, lady's leek, leek, macrostem onion, shallot fresh leaves, tree tops onion, Welsh onion tops, wild leek, wild onion)
Onions Grown for Seed
                                     0.47
                                   3 at 0.43
                                      1.3
                                       7
                                   G, A*, C
                                      (7)
                                       7
Tomatoes and Fruiting Vegetables, Crop Group 8-10 (PA Tomato) (African eggplant, bush tomato, bell pepper, cocona, currant tomato, eggplant, garden huckleberry, Goji berry, groundcherry, Martynia, naranjilla, okra, pea eggplant, pepino, bell pepper, nonbell pepper, Roselle, scarlet eggplant, sunberry, tomatillo, tomato, tree tomato)
                                     0.33
                                       4
                                      1.3
                                       7
                                   G, A*, C
                                       0
Artichoke
                                     0.328
                                       4
                                     1.32
                                      14
                                  G, A[+], C
                                       3
Watercress
                                     0.33
                                       4
                                      1.3
                                       7
                                     G, C
                                       0
Pomegranate (postharvest dip)***
              19.2 oz Switch 62.5WG (0.45 lb a.i.)/100 gal water
                                       2
                                      N/A
                         Once before and after storage
           In line dip/ drench; dip for about 30 seconds & drain
                                 Post-harvest
G = ground; A* = Aerial (maximum of two aerial applications allowed); A[+] = All aerial applications are allowed (i.e., no restrictions in the number of aerial applications for artichoke); C = Chemigation; NS = Not specified.
(1) For Vangard[(R)] WG one application at 5-10% bloom, 50-100% bloom and at petal fall.  For Inspire Super[(R)] the minimum retreatment interval is 14 days and the maximum single application rate is 0.33 lb a.i./A.
(2) Apply when conditions are conducive to disease.  It is noted that the supplemental labels for Switch(R) 62.5WG and Inspire Super[(R)] do not have this crop group.
(3) One application at bloom stage, second application at full bloom, in CA, two applications during the preharvest period.
(4) For radish, only 2 applications per crop and 4 applications per year.
(5) The supplemental label for Switch[(R)] 62.5WG indicates that only one aerial application is allowed, and only in CA.  Otherwise, only ground applications are allowed for the product.
(6) This crop group not included in the supplemental label for Switch[(R)] 62.5G.
(7) The supplemental label for Inspire Super(TM) does not have these crop groups.
*For cucumbers, applications in greenhouse are allowed, at 0.46 fl oz/1000 sq ft (no more than 50% of the sprays per crop).  Applications in greenhouse are not assessed.
**The label for Inspire Super[(R)] allows applications at 0.33 lb a.i./A.  The label for Vangard[(R)] allows up to two applications at 0.47 lb a.i./A in CA plus two applications at 0.23 lb a.i./A.  Both labels allow up to two aerial applications.
***This use, to control Botrytis fruit rot and Gray mold, is not assessed since it does not involve substantial exposure to wildlife.

Appendix A. Tier 1 EDWCs for Groundwater - PRZM-GW

PRZM-GW v.1.07

Summary

The PRZM-GW generated EDWC for the use on grapes, using the FL citrus scenario were 2.05 μg/L for the total residues of cyprodinil and CGA-249287 (acute) and 1.80 μg/L for the total residues (chronic).

Conceptual Model

Figure A-1 depicts the general groundwater scenario concept for estimating pesticide concentrations in drinking water as implemented in PRZM-GW. This conceptual model is based on a rural drinking water well beneath an agricultural field (a high pesticide use area) drawing from an unconfined, high water-table aquifer.

Figure A-1. General Groundwater Scenario Concept for Estimating Pesticide Concentrations in Drinking Water as Implemented in PRZM-GW; The black line through the soil profile represents the decline in degradation with respect to the depth.

The depth of the well is site specific (i.e., scenario specific). The well extends into a shallow unconfined aquifer and has a well-screen that starts at the top and extends down into the aquifer. The length of the well-screen represents the region of the aquifer where drinking water is collected. The well-screen length is well-specific and can be adjusted.  Processes included in the conceptual model that influence pesticide transport through the soil profile include water flow, chemical specific dissipation and transportation parameters (i.e., degradation and sorption), and crop specific factors, including transpiration, pesticide interception and management practices.

The following is a brief description of the PRZM-GW model.  More information is available at http://www.epa.gov/oppefed1/models/water/index.htm#przm_gw (accessed 12/02/2014).

      Tier 1 groundwater estimated drinking water concentrations (EDWCs) for a chemical, resulting from its use for bare ground pre-plant applications were derived with PRZM-GW (Pesticide Root Zone Model for Groundwater, version 1.07, March 6, 2014), using the GW-GUI (Graphical User Interface, version 1.07, March 6, 2014).  PRZM-GW is a one-dimensional, finite-difference model that estimates the concentrations of pesticides in groundwater.  It accounts for pesticide fate in the crop root zone by simulating pesticide transport and degradation through the soil profile after a pesticide is applied to an agricultural field. PRZM-GW permits the assessment of multiple years of pesticide application (up to 100 years) on a single site.  Six standard scenarios, each representing a different region known to be vulnerable to groundwater contaminations, are available for use with PRZM-GW for risk assessment purposes.  In PRZM-GW simulations, each of these standard scenarios was used.  PRZM-GW output values represent pesticide concentrations in a vulnerable groundwater supply that is located directly beneath a rural agricultural field.

Input Parameters for PRZM-GW and Results

Calculation of the application rates is explained in Table A-1.

Table A-1. Calculation of application rates for modeling of cyprodinil and its metabolite for the use on grapes
Chemical Species
                       % Maximum  in Aerobic Soil Study
                               Application Rate
                                  (lb a.i./A)
                                Molecular Ratio
                     Modeled Application Rate (lb a.i./A)

                                   Observed*
                                  Normalized

Cyprodinil
                                     100%
                                     89.5%
                                     0.421
                                       1
                                     0.421
CGA-249287
                                     11.7%
                                     10.5%
                                    0.0492
                                    0.662**
                                    0.0327
Total
                                    111.7%
                                     100%
                                     0.47

The shaded and bolded area provides the results used in modeling.
* Observed maximum values for parent and CGA 249287 in the aerobic soil metabolism studies
** CGA-249287 to cyprodinil molecular ratio = 149.20/ 225.29

For input parameters used in this model, refer to Table A-2.

Table A-2. Cyprodinil PRZM-GW Input Parameters for modeling applications of the chemical on grapes
                               PARAMETER (units)
                                   VALUE[1]
                                    SOURCE
                                    COMMENT
Application date (day/month)
                                     30-05
       Label. Applications are set to occur close to date of maturation.
Delmarva emergence 10-04, crop maturation 30-05, harvest 15-06

                                     01-06

FL citrus crop emergence 01-01, crop maturation 01-02, harvest 31-12

                                     21-04

FL potatoes emergence 15-02, crop maturation 01-05, harvest 01-06

                                     01-08

GA coast emergence 01-05, crop maturation 01-08, harvest 01-10

                                     01-08

NC coast emergence 15-05, crop maturation 01-08, harvest 01-11

                                     21-07

WI sand emergence 01-05, crop maturation 21-07, harvest 20-10
Maximum Application Rate (kg a.i./ha)
                                     0.472
                                     Label
Maximum application rate is 0.421 lb a.i./A x 3 applications at 7 day intervals.  See Table A-1.
Number of Applications per Year
                                       3

Retreatment Intervals (days)
                                       7

Chemical Application Method (CAM)
                                       2
                                     Label
Foliar
Incorporation Depth (cm)
                                       0

---
Air diffusion coefficient (cm[2]/day)
                                      0.0
                                      N/A
Assuming no volatilization.
Vaporization enthalpy (kcal/mol)
                                      0.0
                                      N/A
Assuming no volatilization.
Henry's Law Constant (atm-m[3]/mol)
                                      0.0
                                      N/A
Assuming no volatilization.
Partition Coefficient
(KOC; mL/gOC)
                                     1,745
                                   437090-47
Sorption is correlated with OC.  Mean KOC value among four values ranging from 1550 to 2030 ml/g.
Aerobic Soil Metabolism Half-life (days)

                                     32.4
                    43908425, 43908426, 43709045, 43709046
Represents the 90[th] percentile of the upper confidence bound on the mean of four half-life values: 39, 46 days at 20°C (corrected to 28, 33 days at 25°C), and 22, 31 days at 25°C; mean = 28.5 days; std. dev. = 4.80 days
Hydrolysis Half-life (days)
                                       0
                                   437090-44
Stable at pH 5, 7 and 9.
1 Parameters are selected as per "Guidance for Selecting Input Parameters for Modeling Pesticide Concentrations in Groundwater Using the Pesticide Root Zone Model" v.1.0, dated October 15, 2012.

Results are provided in Table A-3.

Table A-3. Cyprodinil Estimated Drinking Water Concentrations (EDWCs) resulting from the use of the chemical on grapes
                                 Crop/Scenario
                              Highest Daily Value
                                    (ug/L)
                           Post Breakthrough Average
                                    (ug/L)
                     Average Simulation Breakthrough Time
                                    (days)
                           Grapes/Tier I Delmarva[1]
                                 9.28 x 10[-5]
                                 8.5 x 10[-5]
                                     22054
                          Grapes/Tier I FL citrus[1]
                                    0.0276
                                    0.0269
                                     18210
                         Grapes/Tier I FL potatoes[1]
                                6.12 x 10[-12]
                                 Incomplete[2]
                                 Incomplete[2]
                           Grapes/Tier I GA coast[1]
                                 2.47 x 10[-5]
                                 2.28 x 10[-5]
                                     30062
                           Grapes/Tier I NC coast[1]
                                 2.26 x 10[-5]
                                 2.08 x 10[-5]
                                     18381
                           Grapes/Tier I WI sand[1]
                                    0.00317
                                    0.00293
                                     25728
1 This scenario was run with an extended weather file.
2 Incomplete despite running an extended weather file.

Additionally, the degradate CGA-249287 was modeled separately.

Table A-4. CGA-249287 PRZM-GW Input Parameters for modeling applications of cyprodinil on grapes
                               PARAMETER (units)
                                   VALUE[1]
                                    SOURCE
                                    COMMENT
Application date (day/month)
                                     30-05
       Label. Applications are set to occur close to date of maturation.
Delmarva emergence 10-04, crop maturation 30-05, harvest 15-06

                                     01-06

FL citrus crop emergence 01-01, crop maturation 01-02, harvest 31-12

                                     21-04

FL potatoes emergence 15-02, crop maturation 01-05, harvest 01-06

                                     01-08

GA coast emergence 01-05, crop maturation 01-08, harvest 01-10

                                     01-08

NC coast emergence 15-05, crop maturation 01-08, harvest 01-11

                                     21-07

WI sand emergence 01-05, crop maturation 21-07, harvest 20-10
Maximum Application Rate (kg a.i./ha)
                                    0.0367
                                     Label
Maximum application rate is 0.0327 lb a.i./A x 3 applications at 7 day intervals.  See Table A-1.
Number of Applications per Year
                                       3

Retreatment Intervals (days)
                                       7

Chemical Application Method (CAM)
                                       1
                                     Label
Soil applied, it is a degradate.
Incorporation Depth (cm)
                                       0

---
Air diffusion coefficient (cm[2]/day)
                                      0.0
                                      N/A
Assuming no volatilization.
Vaporization enthalpy (kcal/mol)
                                      0.0
                                      N/A
Assuming no volatilization.
Henry's Law Constant (atm-m[3]/mol)
                                      0.0
                                      N/A
Assuming no volatilization.
Partition Coefficient
(Kd; mL/g)
                                     3.97
                              43709047, 43908431
Sorption is not correlated with OC.  Mean Kd value among the following values 0.31, 3.48, 3.88, 5.23, and 6.97 ml/g.
Aerobic Soil Metabolism Half-life (days)
                                      216
                    43908425, 43908426, 43709045, 43709046
3X available value.
Hydrolysis Half-life (days)
                                       0
                                   437090-44
Assumed to be stable.
1 Parameters are selected as per "Guidance for Selecting Input Parameters for Modeling Pesticide Concentrations in Groundwater Using the Pesticide Root Zone Model" v.1.0, dated October 15, 2012.

Results are provided in Table A-5.

Table A-5. CGA-249287 Estimated Drinking Water Concentrations (EDWCs) resulting from the use of Cyprodinil on grapes
                                 Crop/Scenario
                              Highest Daily Value
                                    (ug/L)
                           Post Breakthrough Average
                                    (ug/L)
                     Average Simulation Breakthrough Time
                                    (days)
                           Grapes/Tier I Delmarva[1]
                                     0.406
                                     0.365
                                     33042
                          Grapes/Tier I FL citrus[1]
                                     2.02
                                     1.77
                                     17629
                         Grapes/Tier I FL potatoes[1]
                                     0.345
                                     0.301
                                     15073
                           Grapes/Tier I GA coast[1]
                                     0.516
                                     0.43
                                     25955
                           Grapes/Tier I NC coast[1]
                                    0.0511
                                 Incomplete[2]
                                 Incomplete[2]
                           Grapes/Tier I WI sand[1]
                                    0.00949
                                 Incomplete[2]
                                 Incomplete[2]
1 This scenario was run with an extended weather file.
2 Incomplete despite running an extended weather file.


[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Notices]
[Pages 7715-7716]
[FR Doc No: 2023-02436]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
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the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
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be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. This filing may be viewed
on the Commission's website at http://www.ferc.gov using the eLibrary
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---------------------------------------------------------------------------

    \1\ Meeting notes with the United States Fish and Wildlife
Service.

------------------------------------------------------------------------
          Docket Nos.               File date     Presenter or requester
------------------------------------------------------------------------
Prohibited:
    NONE.......................
Exempt:
    1. CP22-44-000.............       1-19-2023  FERC Staff.\1\
    2. CP17-458-000............       1-23-2023  U.S. Representative Tom
                                                  Cole.
    3. P-1881-000..............       1-26-2023  U.S. Representative
                                                  Lloyd Smucker.
------------------------------------------------------------------------

    Dated: January 31, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-02436 Filed 2-3-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Rules and Regulations]
[Pages 24546-24549]
[FR Doc No: 2017-10912]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0238; FRL-9962-73-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Control of Nitrogen Oxide Emissions From Coal-Fired Electric
Generating Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of Maryland.
The revision consists of a Maryland regulation that regulates nitrogen
oxides (NOX) emissions from coal-fired electric generating
units (EGUs) in the State. EPA is approving this revision in accordance
with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on June 29, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID

Number EPA-R03-OAR-2016-0238. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On January 11, 2017 (82 FR 3233), EPA published a notice of
proposed rulemaking (NPR) for the State of Maryland. In the NPR, EPA
proposed approval of a Maryland regulation to control emissions of
NOX from coal fired EGUs. The formal SIP revision (#15-06)
was submitted by the Maryland Department of the Environment (MDE) on
November 20, 2015. On September 8, 2016, MDE provided a letter to EPA
to clarify that the November 20, 2015 submission was submitted as a SIP
strengthening measure and not as a submission to address reasonably
available control technology (RACT) requirements for coal-fired EGUs.
    As noted in the NPR, this action pertains only to the changes to
COMAR 26.11.38 that were submitted by MDE on November 20, 2015 with a
State effective date of August 31, 2015, namely COMAR <IP_ADDRESS>-.05.
Subsequent revisions and amendments to this regulation have been made
by MDE, but have not yet been submitted to EPA for incorporation into
the Maryland SIP.

II. Summary of SIP Revision

    The revision consists of Maryland regulation COMAR 26.11.38--
Control of NOX Emissions from Coal-Fired Electric Generating
Units (effective August 31, 2015). The regulation establishes
NOX emissions standards for 14 EGUs at 7 coal-fired power
plants, and requires an affected EGU to minimize NOX
emissions by operating and optimizing the use of all installed
pollution controls and combustion controls during all times that the
unit is in operation while burning coal. Additional monitoring and
recordkeeping are required to demonstrate compliance with these
requirements, and the owner or operator is required to submit a plan to
MDE and to EPA for approval, which summarizes the data to be collected
and make a showing that each affected EGU is operating its installed
controls. Other specific requirements of COMAR 26.11.38 and the
rationale supporting EPA's proposed rulemaking action are explained in
the NPR and Technical Support Document (TSD) supporting EPA's analysis
for approval of Maryland's regulation into the SIP and will not be
restated here. The NPR and TSD are available in the docket for this
rulemaking at https://www.regulations.gov, Docket ID Number EPA-R03-
OAR-2016-0238.

III. Public Comments and EPA's Responses

    EPA received two anonymous comments on the January 11, 2017
proposed approval of COMAR 26.11.38 for the Maryland SIP.
    Comment 1: One commenter expressed support for strengthening the
NOX emissions limits in Maryland.
    Response 1: EPA thanks the commenter for the submitted statement.
    Comment 2: Another commenter expressed support for the proposed
rulemaking as a SIP strengthening measure needed to reduce pollution
and to meet the requirements of the national ambient air quality
standards (NAAQS) ``to keep the air clean.'' However, the commenter
also stated, ``This regulation was submitted as a SIP strengthening
measure which seems to be necessary because of how it does not include
nitrogen oxides (NOX) emissions from seven coal-fired
electric generating units which is a great amount.'' The commenter also
stated it is an important measure to regulate clean air in ``already
polluted skies'' and acknowledged this regulation was SIP strengthening
and was not submitted to meet RACT requirements.
    Response 2: EPA thanks the commenter for supporting our approval of
the Maryland regulation into the State's SIP. EPA notes that the
commenter is incorrect in stating that COMAR 26.11.38, entitled
``Control of Nitrogen Oxides Emissions from Coal Fired Electric
Generating Units,'' does not apply to NOX emissions from
seven coal-fired EGUs. The language of COMAR 26.11.38 specifically
contains NOX limitations for these EGUs as well as other
control measures related to NOX emissions ass discussed in
the NPR and TSD. As EPA discussed in the NPR, because NOX is
a precursor to ozone formation, the NOX limitations and
measures for these EGUs identified in COMAR 26.11.38 will reduce
NOX emissions and ozone formation in Maryland which should
assist Maryland with attaining and maintaining the ozone NAAQS.
Finally, the commenter correctly acknowledged that Maryland had not
submitted COMAR 26.11.38 for SIP inclusion to address any RACT
requirements which Maryland confirmed with its September 8, 2016 letter
to EPA. The September 8, 2016 letter is available in the docket for
this rulemaking. EPA expects subsequent rulemaking action on Maryland's
obligations for RACT under the 2008 ozone NAAQS.

III. Final Action

    EPA is approving Maryland regulation COMAR 26.11.38, submitted in
the November 20, 2015 SIP submission, which has a state effective date
of August 31, 2015, as a revision to the Maryland SIP as a SIP
strengthening measure in accordance with section 110 of the CAA. COMAR
<IP_ADDRESS>-.05 imposes NOX emissions limits on coal fired
EGUs subject to the regulation, and EPA expects the regulation will
lower NOX emissions within the State which should reduce
ozone formation. The NOX emissions limits plus the operation
and optimization of the existing NOX controls whenever the
units are in operation strengthens the Maryland SIP and will help the
State's attainment and maintenance of the ozone NAAQS.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Maryland
regulation COMAR <IP_ADDRESS>-.05 described in the amendments to 40 CFR
part 52 set forth below. Therefore, these materials have been approved
by EPA for inclusion in the SIP, have been incorporated by reference by
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference by the Director
of the Federal Register in the next update to the SIP compilation.\1\
EPA has made, and will continue to make, these materials generally
available through http://www.regulations.gov and/or at the EPA Region
III Office (please contact the person identified in the ``For Further

Information Contact'' section of this preamble for more information).
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

A. General Requirements

    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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     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.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 31, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action approving Maryland regulation COMAR 26.11.38 into
the Maryland SIP may not be challenged later in proceedings to enforce
its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirement.

    Dated: May 5, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (c) is amended by adding
the heading ``26.11.38 Control of Nitrogen Oxide Emissions from Coal-
Fired Electric Generating Units'' and the entries ``<IP_ADDRESS> through
<IP_ADDRESS>'' in numerical order to read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                                     EPA-Approved Regulations, Technical Memoranda, And Statutes In The Maryland Sip
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Code of Maryland Administrative                                   State                                             Additional explanation/ citation at
   Regulations (COMAR) citation          Title/subject        effective date            EPA approval date                      40 CFR 52.1100
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                 26.11.38 Control of Nitrogen Oxide Emissions From Coal-Fired Electric Generating Units
--------------------------------------------------------------------------------------------------------------------------------------------------------
<IP_ADDRESS>......................  Definitions..............       8/31/2015  5/30/2017 [Insert Federal Register
                                                                               citation].
<IP_ADDRESS>......................  Applicability............       8/31/2015  5/30/2017 [Insert Federal Register
                                                                               citation].
<IP_ADDRESS>......................  2015 NOX Emission Control       8/31/2015  5/30/2017 [Insert Federal Register
                                    Requirements.                              citation].

<IP_ADDRESS>......................  Compliance Demonstration        8/31/2015  5/30/2017 [Insert Federal Register
                                    Requirements.                              citation].
<IP_ADDRESS>......................  Reporting Requirements...       8/31/2015  5/30/2017 [Insert Federal Register
                                                                               citation].

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

* * * * *
[FR Doc. 2017-10912 Filed 5-26-17; 8:45 am]
BILLING CODE 6560-50-P