[Federal Register: January 14, 2008 (Volume 73, Number 9)]
[Rules and Regulations]
[Page 2156-2159]
[DOCID:fr14ja08-5]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-1010; FRL-8515-6]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Revised Motor Vehicle Emission Budgets for the
Charleston 8-Hour Ozone Maintenance Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a State
Implementation Plan (SIP) revision submitted by the State of West
Virginia. The revision amends the 8-hour ozone maintenance plan for the
Charleston area. This revision amends the maintenance plans' 2009 and
2018 motor vehicle emissions budgets (MVEBs) by reallocating a portion
of the plans' safety margins which results in an increase in the MVEBs.
The revised plan continues to demonstrate maintenance of the 8-hour
national ambient air quality standard (NAAQS) for ozone. EPA is
approving this SIP revision to the West Virginia maintenance plan for
Charleston in accordance with the requirements of the Clean Air Act
(CAA).

DATES: This rule is effective on March 14, 2008 without further notice,
unless EPA receives adverse written comment by February 13, 2008. If
EPA receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-1010 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for

submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2007-1010, Carol Febbo, Chief, Energy,
Radiation and Indoor Environment Branch, Mailcode 3AP23, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2007-1010. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.

The http://www.regulations.gov Web site is an ``anonymous access'' system,

which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov,

your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the

Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or

in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the West Virginia Department of Environmental
Protection, Division of Air Quality, 601 57th Street, SE., Charleston,
WV 25304.

FOR FURTHER INFORMATION CONTACT: Martin Kotsch,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we'',
``us'', or ``our'' is used, we mean EPA.

Table of Contents

I. Background
II. Summary of West Virginia's SIP Revision and EPA's Review
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On July 11, 2006 (71 FR 39001) EPA redesignated the Charleston area
of West Virginia to attainment for the 8-hour ozone NAAQS. For the
Charleston area, the redesignation included approval of an 8-hour ozone
maintenance plan, which identifies on-road MVEBs for VOCs and
NOX, which are ozone precursors, which are then used for
transportation planning and conformity purposes. Subsequently after the
SIP approval by EPA, West Virginia discovered that the MVEBs which were
included in the previously approved maintenance plan did not provide a
sufficient buffer to account for unforseen future growth or significant
changes in the planning assumption data which was used in developing
the original MVEBs in its November 2005 submission.

II. Summary of West Virginia's SIP Revision and EPA's Review 2009 and
2018 Motor Vehicle Emission Budgets

    On January 8, 2007, the State of West Virginia submitted to EPA a
formal revision to its State Implementation Plan (SIP). The SIP
revision proposes new MVEBs to reflect the reallocation of a portion of
the differences (safety margins) between the total base year and total
projected 2009 and 2018 emissions which produces an increase in the
MVEBs. The base year is 2004 for the Charleston area. By increasing the
MVEBs, the West Virginia Department of Environmental Protection (WVDEP)
is ensuring that transportation conformity can be demonstrated in the
Charleston area. The January 8, 2007 submittal, while increasing the
MVEBs still ensures maintenance of the NAAQS for ozone for the
Charleston area.
    Tables 1 and 2 and the discussion that follows describes the basis
of the new MVEBs for the Charleston area.

                      Table 1.--Charleston Area Reallocation of Safety Margin to the MVEBs
----------------------------------------------------------------------------------------------------------------
                                                                                2009            2018
                                                                  2004 base year    projection      projection
----------------------------------------------------------------------------------------------------------------
                            Current MVEBs in the Approved Maintenance Plan (Tons/Day)
----------------------------------------------------------------------------------------------------------------
VOC.............................................................            16.1            11.6             7.2
NOX.............................................................            26.4            19.8             8.2
----------------------------------------------------------------------------------------------------------------
                            Proposed MVEBs in the Revised Maintenance Plan (Tons/Day)
----------------------------------------------------------------------------------------------------------------
VOC.............................................................            16.1            12.9             7.5
NOX.............................................................            26.4            22.9             9.5
----------------------------------------------------------------------------------------------------------------

   Table 2.--Charleston Area Total Emissions (Point, Area and Mobile) Before and After Reallocation of Safety
                                         Margin to the MVEBs (Tons/Day)
----------------------------------------------------------------------------------------------------------------
                                                                                2009            2018
                                                                  2004 base year    projection      projection
----------------------------------------------------------------------------------------------------------------
                            Current Total Emissions in the Approved Maintenance Plan
----------------------------------------------------------------------------------------------------------------
VOC.............................................................            52.3            46.8            45.1
NOX.............................................................           129.4           102.4            80.6
----------------------------------------------------------------------------------------------------------------
                            Proposed Total Emissions in the Revised Maintenance Plan
----------------------------------------------------------------------------------------------------------------
VOC.............................................................            52.3            48.1            45.4
NOX.............................................................           129.4           105.5            81.9
----------------------------------------------------------------------------------------------------------------

    For the Charleston, West Virginia 8-hour ozone maintenance area
addressed herein, the WVDEP recalculated the 2009 and 2018 MVEBs using
revised planning data which became available after the original
maintenance plan was submitted to EPA on November 30, 2005. The 2009
and 2018 MVEBs for VOCs and NOX emissions listed above in
Table 1 under the Proposed MVEBs in the Revised Maintenance Plan
section

will serve as the new MVEBs for transportation conformity planning.
    As shown in Table 1, the State has proposed reallocating some of
the previous safety margin into the MVEBs for both VOCs and
NOX. The remaining surplus emissions have been reserved as
residual safety margins in the total maintenance budgets to ensure
continued maintenance of the 8-hour ozone NAAQS.
    To explain how the safety margins are determined and allocated, the
VOC emissions for the Charleston area may be used as an example. In
Table 2, listed under the Current Total Emissions in the Approved
Maintenance Plan section, the total 2004 base year VOC emissions are
52.3 tons/day (tpd), which is the maximum amount of VOC emissions
consistent with maintenance of the 8-hour ozone NAAQS. The total
projected 2009 emissions are 46.8 tpd, which provides a 5.5 tpd VOC
safety margin (i.e., the ozone NAAQS would continue to be maintained if
total VOC emissions increased as much as 5.5 tpd above the projected
2009 emissions of 46.8 tpd). In the Proposed Total Emissions in the
Revised Maintenance Plan section the total projected emissions for 2009
would be increased by 1.3 tpd through the increase in the allowable
mobile emissions for VOC while still leaving a safety margin of 4.2
tpd. Therefore, even with the reallocation of some of the current
safety margin into the MVEBs, the State of West Virginia has left a
safety margin for any other unforseen growth.

III. Final Action

    EPA is approving West Virginia's January 8, 2007 SIP revision
submittal which amends the 8-hour ozone maintenance plans for the
Charleston area. These revisions amend the maintenance plans' 2009 and
2018 MVEBs to reflect the reallocation of a portion of the plans'
safety margins which results in an increase in the MVEBs. EPA is
approving this SIP revision to the maintenance plan for the Charleston
area because the January 8, 2007 submittal continues to demonstrate
maintenance of the 8-hour ozone NAAQS. EPA is publishing this rule
without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates no adverse comment, since no
significant adverse comments were received on the SIP revision at the
State level. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve the SIP revision if adverse comments are
filed. This rule will be effective on March 14, 2008 without further
notice unless EPA receives adverse comment by February 13, 2008.
    If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it approves a state rule implementing a Federal
standard.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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 rule 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. This rule 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 March 14, 2008. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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 to approve the revised motor vehicle emission budgets for
the 8-hour Charleston Maintenance Plan may not

be challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: December 27, 2007.
William T. Wisniewski,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart XX--West Virginia

0
2. In Sec.  52.2520, the table in paragraph (e) is amended by revising
the entry for the 8-Hour Ozone Maintenance Plan for the Charleston, WV
Area at the end of the table to read as follows:

Sec.  52.2520  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non- regulatory SIP         Applicable       State submittal                           Additional
            revision                geographic area          date         EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
8-Hour Ozone Maintenance Plan     Charleston Area              11/30/05  7/11/06 71 FR 39001
 for the Charleston, WV Area.      (Kanawha and
                                   Putnam Counties).
                                                               01/08/07  1/14/08 [Insert      Action includes
                                                                          page number where    approval of the
                                                                          the document         following new
                                                                          begins].             motor vehicle
                                                                                emission budgets
                                                                                (MVEBs): 22.9
                                                                                tons day (tpd)
                                                                                for 2009 and 9.5
                                                                                tpd for 2018 for
                                                                                NOX and 12.9 tpd
                                                                                for 2009 and 7.5
                                                                                tpd for 2018 for
                                                                                VOC.

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

[FR Doc. E8-263 Filed 1-11-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Rules and Regulations]
[Pages 6957-6959]
[FR Doc No: 2018-03268]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-1100]
RIN 1625-AA08

Special Local Regulation; Pamlico River, Washington, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on
the navigable waters of the Pamlico River near Washington, North
Carolina. This special local regulation is intended to restrict vessel
traffic on the Pamlico River during a high-speed boat race. This action
is intended to restrict vessel traffic movement in the regulated area
to protect participants, spectators, and property from the hazards
posed by high-speed boat races. Entry of vessels or persons into this
special local regulation is prohibited unless specifically authorized
by the Captain of the Port (COTP) North Carolina or a designated
representative.

DATES: This rule is effective from 7 a.m. on February 23, 2018, through
noon on February 24, 2018, with an alternate date of February 25, 2018
from 7 a.m. through noon.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1100 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Matthew Tyson, Waterways Management
Division, U.S. Coast Guard Sector North Carolina, Wilmington, NC;
telephone:<PHONE_NUMBER>, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard was notified about
the race on December 1, 2017 and there were multiple revisions over the
following three weeks. It is impracticable and contrary to the public
interest to delay this action. Waiting for a comment period to run
would inhibit the Coast Guard's ability to protect the public and
participants from the dangers associated with the high-speed boat race
scheduled to start on February 23, 2018.
    For the same reasons, the Coast Guard finds good cause to make this
rule effective less than 30 days after publication, under 5 U.S.C.
553(d)(3). Immediate implementation is required to protect the public
and participants from the dangers associated with these activities.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The COTP North Carolina has determined that potential hazards
associated with the Iconic Marine Group Kilo Race scheduled on February
23 and February 24, 2018, with an alternate date February 25, 2018, is
a safety concern for mariners during the high-speed boat race on the
Pamlico River near Washington, North Carolina. This rule is necessary
to protect persons and vessels from the potential hazards associated
with the high-speed boat race.

IV. Discussion of the Rule

    This rule establishes a special local regulation on a portion of
the Pamlico River on February 23 and February 24, 2018, with an
alternate date of February 25, 2018, in the event that weather or other
factors do not allow the race to commence on the primary dates. The
special local regulation will be enforced for approximately one hour
between the hours of 7 a.m. and noon, when environmental conditions
meet the requirements for the race. The exact times of enforcement will
be broadcast locally over VHF-FM marine radio. The special local
regulation will include all navigable waters of the Pamlico River near
Washington, North Carolina, from approximate positions: Latitude
35[deg]28'42'' N, longitude 076[deg]59'14'' W, then northwest to
latitude 35[deg]29'53'' N, longitude 077[deg]01'18'' W, then northwest
along the shoreline to latitude 35[deg]32'29'' N, longitude
077[deg]03'47'' W, then northwest to latitude 35[deg]32'34'' N,
longitude 077[deg]03'56'' W, then northeast to latitude 35[deg]32'42''
N, longitude 077[deg]03'50'' W, then southeast along the shoreline to
latitude 35[deg]29'06'' N, longitude 076[deg]58'48'' W, then southwest
back to the point of origin, a length of approximately six miles. The
duration of this special local regulation is

intended to protect participants, spectators, and property on the
navigable waters of the Pamlico River during the high-speed boat race.
This is a timed race and only one boat will race at a time. No vessel
or person will be permitted to enter the special local regulation
unless specifically authorized by the COTP North Carolina or a
designated representative. Spectators may request to be allowed inside
the special local regulation. The spectator area will be marked with
temporary buoys and will be at least 100 yards from the race course.
Vessels may request permission to pass through the special local
regulation between race heats.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, and duration of the proposed special local regulation. Vessel
traffic will not be allowed to enter or transit a portion of the
Pamlico River on February 23 and February 24, 2018 with an alternate
date of February 25, 2018 for approximately one hour on each day. The
Coast Guard will issue a Local Notice to Mariners and transmit a
Broadcast Notice to Mariners via VHF-FM marine channel 16 regarding the
special local regulation. The specific enforcement times will be
broadcast locally each day prior to the race on VHF-FM marine channel
16. This portion of the Pamlico River has been determined to be a low
traffic area during this time of the year. This rule allows vessels to
request permission to enter as a spectator or pass through the special
local regulation.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
special local regulation may be small entities, for the reasons stated
in section IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, which guides the Coast Guard in complying with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and
have determined that this action is one of a category of actions that
do not individually or cumulatively have a significant effect on the
human environment. This proposed rule involves a special local
regulation lasting approximately one hour on three consecutive days
that prohibits entry into a portion of the Pamlico River. It is
categorically excluded from further review under paragraph L60 (a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER

INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SPECIAL LOCAL REGULATIONS/REGATTAS & MARINE PARADES

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.35T05-1100 to read as follows:

Sec.  100.35T05-1100  Special Local Regulation, Pamlico River,
Washington, NC.

    (a) Location. The following area is a special local regulation: All
navigable waters of the Pamlico River near Washington, North Carolina,
from approximate positions: Latitude 35[deg]28'42'' N, longitude
076[deg]59'14'' W, then northwest to latitude 35[deg]29'53'' N,
longitude 077[deg]01'18'' W, then northwest along the shoreline to
latitude 35[deg]32'29'' N, longitude 077[deg]03'47'' W, then northwest
to latitude 35[deg]32'34'' N, longitude 077[deg]03'56'' W, then
northeast to latitude 35[deg]32'42'' N, longitude 077[deg]03'50'' W,
then southeast along the shoreline to latitude 35[deg]29'06'' N,
longitude 076[deg]58'48'' W, then southwest back to the point of
origin, a length of approximately 6 miles.
    (b) Definitions. As used in this section--
    Captain of the Port means the Commander, Sector North Carolina.
    Coast Guard Patrol Commander means a Coast Guard commissioned,
warrant, or petty officer designated by the COTP North Carolina for the
enforcement of the special local regulation.
    Official Patrol means any vessel assigned by the COTP North
Carolina with a commissioned, warrant, or petty officer on board and
displaying the Coast Guard ensign.
    Participants means persons and vessels involved in the high-speed
boat race.
    Spectators means persons and vessels observing the high-speed boat
race.
    (c) Regulations. (1) The general regulations governing special
local regulations in Sec.  100.501(c) apply to the area described in
paragraph (a) of this section.
    (2) With the exception of participants and spectators, entry into
or remaining in this special local regulation is prohibited unless
authorized by the COTP North Carolina or the COTP North Carolina's
Patrol Commander. All other vessels must depart the special local
regulation immediately.
    (3) To request permission to remain in, enter, or transit through
the special local regulation, contact the COTP North Carolina or the
COTP North Carolina's Patrol Commander through the Coast Guard Sector
North Carolina Command Duty Officer, Wilmington, North Carolina, at
telephone number<PHONE_NUMBER> or on VHF-FM marine band radio channel 13
(165.65 MHz) or channel 16 (156.8 MHz).
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the special local regulation by Federal, State, and
local agencies.
    (e) Enforcement period. This section will be enforced on February
23 and February 24, 2018, with an alternate date of February 25, 2018.
    (f) Public notification. The Coast Guard will notify the public of
the specific enforcement times each day prior to the race via VHF-FM
marine channel 16.

    Dated: February 2, 2018
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2018-03268 Filed 2-15-18; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Rules and Regulations]
[Pages 18037-18038]
[FR Doc No: 2023-06260]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 312

[Docket No. FDA-2023-N-0986]

Change of Address; Technical Amendment

AGENCY: Food and Drug Administration, Department of Health and Human
Services (HHS).

ACTION: Final rule; technical amendment.

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SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is
amending its regulations to update the address, email address, and
office name for the Office of Policy, Legislation, and International
Affairs, Office of Global Policy and Strategy. This technical amendment
is to ensure accuracy and clarity in the Agency's regulations and is
nonsubstantive.

DATES: This rule is effective March 27, 2023.

FOR FURTHER INFORMATION CONTACT: Jeff Nelligan, Office of Global Policy
and Strategy, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 31, Rm. 3438, Silver Spring, MD 20993,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION:  FDA is amending 21 CFR part 312 to update
the name of an office, its physical address, and instructions for
sending certifications via email. Publication of this document
constitutes final action on the changes under the Administrative
Procedure Act (5 U.S.C. 553). FDA has determined that notice and public
comment are unnecessary because this amendment to the regulations
provides only technical changes to update organizational information.

List of Subjects in 21 CFR Part 312

    Drugs, Exports, Imports, Investigations, Labeling, Medical
research, Reporting and recordkeeping requirements, Safety.

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

PART 312--INVESTIGATIONAL NEW DRUG APPLICATION

0
1. The authority citation for part 312 continues to read as follows:

    Authority:  21 U.S.C. 321, 331, 351, 352, 353, 355, 360bbb, 371;
42 U.S.C. 262.

0
2. In Sec.  312.110, revise paragraph (b)(4) introductory text to read
as follows:

Sec.  312.110  Import and export requirements.

* * * * *
    (b) * * *
    (4) Except as provided in paragraph (b)(5) of this section, the
person exporting the drug sends an email certification to the Office of
Global Policy and Strategy at [email protected], or a written
certification to the Office of Global Policy and Strategy (HFG-1), Food
and Drug Administration, 10903 New Hampshire Ave., Bldg. 31, Rm. 3420,
Silver Spring, MD 20993, at the time the drug is first exported and
maintains records documenting compliance with this paragraph (b)(4).
The certification shall

describe the drug that is to be exported (i.e., trade name (if any),
generic name, and dosage form), identify the country or countries to
which the drug is to be exported, and affirm that:
* * * * *

    Dated: March 21, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-06260 Filed 3-24-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 88 (Monday, May 7, 2018)]
[Proposed Rules]
[Pages 20002-20004]
[FR Doc No: 2018-09653]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0601; FRL-9977-42--Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Regional Haze Plan and Visibility for the 2010 Sulfur Dioxide
and 2012 Fine Particulate Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; supplemental.

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SUMMARY: The Environmental Protection Agency (EPA) is issuing a
supplement to its March 1, 2018 proposed approval of the Commonwealth
of Virginia's (the Commonwealth or Virginia) request to change reliance
on the Clean Air Interstate Rule (CAIR) to reliance on the Cross-State
Air Pollution Rule (CSAPR) to address certain regional haze
requirements and to convert the Agency's limited approval/limited
disapproval of Virginia's regional haze SIP to a full approval. EPA's
March 1, 2018 notice of proposed rulemaking (NPR) also proposed to
approve the ``visibility element'' of Virginia's infrastructure SIP
submittals for the 2010 sulfur dioxide (SO2) and 2012 fine
particulate matter (PM2.5) national ambient air quality
standards (NAAQS). This supplemental proposal clarifies the
infrastructure elements the Agency is proposing to approve for the 2010
SO2 National Ambient Air Quality Standards (NAAQS) and
proposes to remove EPA's June 7, 2012 federal implementation plan (FIP)
for Virginia which replaced reliance on CAIR with reliance on CSAPR to
address certain deficient regional haze requirements identified in the
Commonwealth's regional haze state implementation plan (SIP). EPA is
seeking comment only on the issues raised in this supplemental proposal
and is not reopening for comment other issues raised in its prior
proposal. This action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before June 6, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0601 at http://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Ellen Schmitt,<PHONE_NUMBER>, or by
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On July 16, 2015, the Virginia Department of Environmental Quality
(VA DEQ) submitted a revision to the Virginia SIP to update its
regional haze plan to change reliance from CAIR to CSAPR and to meet
visibility requirements in section 110(a)(2)(D) of the CAA. On March 1,
2018 (83 FR 8814), EPA published a notice of proposed rulemaking (March
1, 2018 NPR) proposing to take the following actions: (1) Approve
Virginia's July 16, 2015 SIP submission that changes reliance on CAIR
to reliance on CSAPR for certain elements of Virginia's regional haze
program; (2) convert EPA's limited approval/limited disapproval of
Virginia's regional haze program to a full approval; and (3) approve
the prong 4 portions of Virginia's June 18, 2014 infrastructure SIP
submission for the 2010 SO2 NAAQS and of its July 16, 2015
infrastructure SIP submission for the 2012 PM2.5 NAAQS. EPA
is not reopening the public comment period to submit comment on the
issues addressed in the March 1, 2018 NPR.

II. Specific Issues Addressed in This Supplemental NPR

Removal of Partial Regional Haze FIP

    On June 7, 2012, EPA finalized a limited approval and a limited
disapproval of several SIP revisions submitted by VA DEQ meant to
address regional haze program requirements.\1\ The limited disapproval
of these SIP revisions was based upon Virginia's reliance on CAIR as an
alternative to best available retrofit technology (BART) and as a
measure for reasonable progress. To address deficiencies in CAIR-
dependent regional haze SIPs for several states, including Virginia,
EPA promulgated FIPs that replace reliance on CAIR with reliance on
CSAPR to meet BART and reasonable progress requirements in Virginia and
other states in that same action. Consequently, for these states, this
particular aspect of their regional haze requirements was satisfied by
a FIP (hereafter referred to as partial RH FIP). On July 16, 2015, the
Commonwealth of Virginia submitted a SIP revision changing its reliance
from CAIR to CSAPR in its SIP to meet BART for visibility purposes and
for addressing reasonable progress requirements, thereby removing
Virginia's need for the partial RH FIP.
---------------------------------------------------------------------------

    \1\ 77 FR 33643. Virginia's SIP revisions are dated July 17,
2008, March 6, 2009, January 14, 2010, October 4, 2010, November 19,
2010, and May 6, 2011.
---------------------------------------------------------------------------

    In its March 1, 2018 NPR, EPA proposed to approve the July 16, 2015
SIP revision which would change Virginia's reliance upon CAIR to
reliance upon CSAPR for the BART and reasonable progress elements of
Virginia's regional haze program. EPA also proposed to convert EPA's
limited approval/limited disapproval of Virginia's regional haze
program to a full approval based on Virginia's SIP revision changing
reliance upon CAIR to reliance upon CSAPR. In this action, EPA proposes
to remove the Agency's partial RH FIP for Virginia which replaced
reliance on CAIR with reliance on CSAPR to address certain deficient
regional haze requirements identified in the Commonwealth's regional
haze SIP. EPA's proposed action to remove this FIP for Virginia is in
accordance with section 110(l) of the CAA and will not impact any
regional requirements as Virginia will have, when this action is final,
a fully approved regional haze program and the ability to rely on CSAPR
for certain regional haze requirements, incorporated in its SIP.

Section 110(a)(2)(J) Visibility Requirement

    The CAA requires states to submit, within three years after
promulgation of a new or revised NAAQS, SIP revisions meeting the
applicable elements of sections 110(a)(1) and (2). SIP revisions that
are intended to meet the requirements of section 110(a) of the CAA are
often referred to as

infrastructure SIPs and the elements under 110(a) are referred to as
infrastructure requirements. EPA acted on the majority of the
infrastructure elements within Virginia's infrastructure SIP submittals
for the 2010 SO2 and 2012 PM2.5 NAAQS, but
concluded that it would take separate action on 110(a)(2)(J) for
visibility for 2010 SO2 as well as on 110(a)(2)(D)(i)(II)
for visibility (also known as prong 4) for both the 2010 SO2
and 2012 PM2.5.2 3
---------------------------------------------------------------------------

    \2\ On March 4, 2015 (80 FR 11557), EPA approved portions of
Virginia's June 18, 2014 submittal for the 2010 SO2 NAAQS
addressing the following: CAA section 110(a)(2)(A), (B), (C),
(D)(i)(II) for prevention of significant deterioration, (D)(ii),
(E), (F), (G), (H), (J) (consultation, public notification, and
prevention of significant deterioration), (K), (L), and (M).
    \3\ On June 16, 2016 (81 FR 39208), EPA approved portions of
Virginia's July 16, 2015 submittal for the 2012 PM2.5
NAAQS addressing the following: CAA section 110(a)(2)(A), (B), (C),
(D)(i)(II) for prevention of significant deterioration, (D)(ii),
(E), (F), (G), (H), (J), (K), (L), and (M).
---------------------------------------------------------------------------

    In its March 1, 2018 NPR, EPA proposed to approve prong 4 for both
the 2010 SO2 and 2012 PM2.5 NAAQS,\4\ however the
Agency did not address section 110(a)(2)(J) of the CAA as it relates to
visibility protection. For this section, EPA recognizes that states are
subject to visibility and regional haze program requirements under part
C of the CAA. In the event of the establishment of a new NAAQS, the
visibility and regional haze program requirements under part C do not
change. Therefore, when EPA took action on Virginia's infrastructure
SIP submittal for the 2010 SO2 NAAQS,\5\ the Agency could
have approved 110(a)(2)(J) for visibility; however, it inadvertently
neglected to do so at that time. EPA is now taking action to remedy
this unintentional omission by proposing approval of Virginia's June
18, 2014 infrastructure SIP submittal for the 2010 SO2 NAAQS
specifically for section 110(a)(2)(J) for visibility as well as for
prong 4 which we proposed for approval on March 1, 2018.
---------------------------------------------------------------------------

    \4\ In its analysis for the March 1, 2018 NPR, EPA proposed to
find that if revisions to the Commonwealth's regional haze SIP were
fully approved, then the prong 4 portions of Virginia's
infrastructure SIP submittal for the 2010 SO2 and 2012
PM2.5 NAAQS meet applicable requirements of the CAA.
    \5\ See 80 FR 11557. (approving Virginia's June 18, 2014
submittal for the 2010 SO2 NAAQS for CAA section
110(a)(2)(A), (B), (C), (D)(i)(II) for prevention of significant
deterioration, (D)(ii), (E), (F), (G), (H), (J) (consultation,
public notification, and prevention of significant deterioration),
(K), (L), and (M)).
---------------------------------------------------------------------------

    EPA is soliciting comments on the specific issues discussed in this
document referring to the proposed: (1). Removal of the partial
regional haze FIP which replaced reliance on CAIR with reliance on
CSPAR to address certain regional haze requirements as finalizing our
March 1, 2018 NPR will give Virginia's regional haze SIP full approval;
and (2). approval of Virginia's June 18, 2014 infrastructure SIP
submittal for the 2010 SO2 NAAQS section 110(a)(2)(J) for
visibility (in addition to approval for 110(a)(2)(D)(i)(II)). These
comments and those received during the comment period for the March 1,
2018 NPR will be considered before taking final action.

III. Proposed Action

    EPA is proposing removal of the partial regional haze FIP which
replaced reliance on CAIR with reliance on CSPAR to address certain
regional haze requirements and approval of Virginia's June 18, 2014
infrastructure SIP submittal for the 2010 SO2 NAAQS for
section 110(a)(2)(J) for visibility.

IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) Are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
federally authorized environmental programs in a manner that is no less
stringent than their federal counterparts. . . .'' The opinion
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by federal law to maintain program delegation, authorization or
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
regional haze program consistent with the federal requirements. In any
event, because EPA has also determined that a state audit privilege and
immunity law can affect only state enforcement and cannot have any
impact on federal enforcement authorities, EPA may at any time invoke
its authority under the CAA, including, for example, sections 113, 167,
205, 211 or 213, to enforce the requirements or prohibitions of the
state plan, independently of any state enforcement effort. In addition,
citizen enforcement under section 304 of the CAA is likewise unaffected
by this, or any, state audit privilege or immunity law.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.
     Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and

Regulatory Review. This action is not a significant regulatory action
and was therefore not submitted to the Office of Management and Budget
(OMB) for review.
     Paperwork Reduction Act (PRA). This action does not impose
an information collection burden under the PRA. Therefore, its
recordkeeping and reporting provisions do not constitute a ``collection
of information'' as defined under 44 U.S.C. 3502(3) and 5 CFR
1320.3(c).
     Regulatory Flexibility Act (RFA). This action will not
have a significant economic impact on a substantial number of small
entities under the RFA. This action will not impose any requirements on
small entities.
     Unfunded Mandates Reform Act (UMRA). This action does not
contain an unfunded mandate of $100 million or more as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments.
     Executive Order 13132: Federalism. This action does not
have federalism implications. It will not have substantial direct
effects on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government.
     Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments. This action does not have tribal
implications, as specified in Executive Order 13175. It will not have
substantial direct effects on any Indian tribes, on the relationship
between the federal government and Indian tribes, or on the
distribution of power and responsibilities between the federal
government and Indian tribes. Thus, Executive Order 13175 does not
apply to this action.
     Executive Order 13045: Protection of Children from
Environmental Health Risks and Safety Risks. EPA interprets Executive
Order 13045 as applying only to those regulatory actions that concern
health or safety risks that EPA has reason to believe may
disproportionately affect children, per the definition of ``covered
regulatory action'' in section 2-202 of the Executive Order. This
action is not an economically significant regulatory action based on
health or safety risks subject to Executive Order 13045.
    The SIP is not approved to apply on any Indian reservation land as
defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    In addition, pursuant to CAA section 307(d)(1)(B), EPA proposes to
determine that this action is subject to the provisions of section
307(d). Section 307(d) establishes procedural requirements specific to
certain rulemaking actions under the CAA. Pursuant to CAA section
307(d)(1)(B), the withdrawal of the provisions of the Virginia regional
haze regional FIP that apply to changing reliance on CAIR to reliance
on CSAPR to address certain deficient regional haze requirements is
subject to the requirements of CAA section 307(d), as it constitutes a
revision to a FIP under section 110(c) of the CAA. Furthermore, section
307(d)(1)(V) of the CAA provides that the provisions of section 307(d)
apply to ``such other actions as the Administrator may determine.'' EPA
proposes that the provisions of 307(d) apply to EPA's action on the
Virginia SIP revision.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.

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

    Dated: April 19, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-09653 Filed 5-4-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Notices]
[Pages 72480-72481]
[FR Doc No: 2022-25635]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2022-0023; FRL-10271-01-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NSPS for Small Municipal Waste Combustors
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NSPS for Small Municipal Waste
Combustors (EPA ICR Number 1900.08, OMB Control Number 2060-0423), to
the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act. This is a proposed
extension of the ICR, which is currently approved through November 30,
2022. Public comments were previously requested, via the Federal
Register, on April 8, 2022 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An agency may neither conduct nor sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before December 27,
2022.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2022-0023, to: (1) EPA online using https://www.regulations.gov/
(our preferred method), or by email to [email protected], or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460. EPA's policy is that
all comments received will be included in the public docket without
change including any personal information provided, unless the comment
includes profanity, threats, information claimed to be Confidential
Business Information (CBI), or other information whose disclosure is
restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Muntasir Ali, Sector Policies and
Program Division (D243-05), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina, 27711; telephone number:<PHONE_NUMBER>; email
address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting, documents which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
https://www.regulations.gov, or in person, at the EPA Docket Center,
WJC West

Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The
telephone number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The New Source Performance Standards (NSPS) for Small
Municipal Waste Combustors (40 CFR part 60, subpart AAAA) apply to both
existing facilities and new facilities with small municipal waste
combustors (MWCs) that combust greater than 35 tons per day (tpd), but
with less than 250 tpd of municipal solid waste. In general, all NSPS
standards require initial notifications, performance tests, and
periodic reports by the owners/operators of the affected facilities.
They are also required to maintain records of the occurrence and
duration of any startup, shutdown, or malfunction in the operation of
an affected facility, or any period during which the monitoring system
is inoperative. These notifications, reports, and records are essential
in determining compliance, and are required of all affected facilities
subject to NSPS.
    Form Numbers: None.
    Respondents/affected entities: Owners and operators of small
municipal waste combustors.
    Respondent's obligation to respond: Mandatory (40 CFR part 60,
subpart AAAA).
    Estimated number of respondents: 6 (total).
    Frequency of response: Annually, semiannually.
    Total estimated burden: 18,700 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $2,180,000 (per year), which includes
$154,000 in annualized capital/startup and/or operation & maintenance
costs.
    Changes in the Estimates: The increase in burden from the most-
recently approved ICR is due to an adjustment. The adjustment increase
in respondent burden from the most-recently approved ICR is due to an
increase in the number of respondents. The number of respondents
reflects one new facility over the past three years. There is an
increase in the operation and maintenance (O&M) costs due to the
increase in the number of respondents over the past three years.
However, no additional respondents are predicted during the three-year
period of this ICR.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2022-25635 Filed 11-23-22; 8:45 am]
BILLING CODE 6560-50-P