[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Notices]
[Page 54099]
[FR Doc No: 2016-19336]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-0001]

Facilitating Anti-Infective Drug Development for Neonates and
Young Infants; Notice of Public Workshop

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop.

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SUMMARY: The Food and Drug Administration (FDA) is announcing a public
workshop regarding anti-infective drug development for neonates and
young infants. FDA is interested in discussing the scientific
challenges pertaining to development of anti-infective products for
neonates and young infants. This public workshop is intended to provide
information for and gain perspective from health care providers, other
U.S. Government Agencies, public health organizations, academic
experts, and industry on various aspects of drug development for new
and currently marketed anti-infective drugs for neonates and young
infants. The input from this public workshop will also help in
developing topics for future discussion.

DATES: The public workshop will be held on September 15, 2016, from
8:30 a.m. to 4:30 p.m. See the SUPPLEMENTARY INFORMATION section for
registration information.

ADDRESSES: The public workshop will be held at the Sheraton Silver
Spring Hotel, 8777 Georgia Ave., Silver Spring, MD 20910. The hotel's
phone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Lori Benner and/or Jessica Barnes,
Center for Drug Evaluation and Research, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 22, Rm. 6221, Silver Spring, MD 20993-
0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: FDA is announcing a public workshop
regarding anti-infective drug development for neonates and young
infants. Discussions will focus on challenges related to enrolling
neonates and young infants in clinical trials, strategies to assess
central nervous system (CNS) penetration of the drug, including
nonclinical and in vitro data, potential development pathways, and the
role of clinical trial networks in anti-infective drug development in
the neonatal population.
    Registration: Registration is free for the public workshop.
Interested parties are encouraged to register early. Seating will be
available on a first-come, first-served basis. To register
electronically, email registration information (including name, title,
firm name, address, telephone, and fax number) to
<EMAIL_ADDRESS>Persons without access
to the Internet can call<PHONE_NUMBER> to register.
    If you need special accommodations due to a disability, please
contact Jessica Barnes or Lori Benner (see FOR FURTHER INFORMATION
CONTACT) at least 7 days in advance.
    Agenda: The workshop draft Agenda will be made available at: http://www.fda.gov/Drugs/NewsEvents/ucm507958.htm at least 2 days prior to
the meeting. The Agency encourages individuals, industry, health care
professionals, researchers, public health organizations and other
interested persons to attend this public workshop.
    Transcripts: Please be advised that as soon as a transcript is
available, it will be accessible at http://www.regulations.gov. It may
be viewed at the Division of Dockets Management (HFA-305), Food and
Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
A transcript will also be available in either hardcopy or on CD-ROM,
after submission of a Freedom of Information request. The Freedom of
Information office address is available on the Agency's Web site at
http://www.fda.gov. Transcripts will also be available on the Internet
at: http://www.fda.gov/Drugs/NewsEvents/ucm507958.htm approximately 45
days after the workshop.

    Dated: August 8, 2016.
Jeremy Sharp,
Deputy Commissioner for Policy, Planning, Legislation and Analysis.
[FR Doc. 2016-19336 Filed 8-12-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: July 2, 2008 (Volume 73, Number 128)]
[Rules and Regulations]
[Page 37820-37822]
[DOCID:fr02jy08-23]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0494]
RIN 1625-AA00

Safety Zone; City of Berkeley Fourth of July Fireworks Display,
Berkeley, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the launching of fireworks being sponsored by the City of Berkeley. The
fireworks display will be held on July 4, 2008, on the Berkeley
Municipal Pier. This safety zone is established to ensure the safety of
participants and spectators from the dangers associated with the
pyrotechnics. Unauthorized persons or vessels are prohibited from
entering into, transiting through, or remaining in the safety zone
without permission of the Captain of the Port or his designated
representative.

DATES: This rule is effective from 11 a.m. through 10 p.m. on July 4,
2008.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0494 and are available online
at http://www.regulations.gov. They are also available for inspection
or copying at two locations: the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and
Coast Guard Sector San Francisco, 1 Yerba Buena Island, San Francisco,
California, 94130, between 9 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Lieutenant Junior Grade Sheral Richardson, U.S.
Coast Guard Sector San Francisco, at<PHONE_NUMBER>. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the event would occur before the
rulemaking process was complete. Because of the dangers posed by the
pyrotechnics used in this fireworks display, the safety zone is
necessary to provide for the safety of event participants, spectator
craft, and other vessels transiting the event area. For the safety
concerns noted, it is in the public interest to have these regulations
in effect during the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Any delay in the effective date of
this rule would expose mariners to the dangers posed by the
pyrotechnics used in the fireworks display.

Background and Purpose

    The City of Berkeley is sponsoring a brief fireworks display on
July 4, 2008. The fireworks show is meant for entertainment purposes
and will be used to celebrate Independence Day. The fireworks display
is scheduled to launch at 9:30 p.m., on July 4, 2008, and last thirty
minutes. The safety zone is being issued to establish a temporary
regulated area on San Francisco Bay around the fireworks launch site.
The safety zone around the launch site is necessary to protect
spectators, vessels, and other property from the hazards associated
with the pyrotechnics on the fireworks.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone on
specified waters of San Francisco Bay. The safety zone will apply to
the navigable waters around and under the fireworks site

within a radius of 500 feet. The fireworks launch site is on the
Berkeley Municipal Pier and will be located in position
37[deg]51'34[sec] N, 122[deg]19'37[sec] W (NAD83).
    The effect of the temporary safety zone will be to restrict general
navigation in the vicinity of the fireworks launch site. Except for
persons or vessels authorized by the Coast Guard Patrol Commander, no
person or vessel may enter or remain in the safety zone. This safety
zone is needed to keep spectators and vessels a safe distance away from
the fireworks launch site to ensure the safety of participants,
spectators, and transiting vessels.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    Although this rule restricts access to the waters encompassed by
the safety zone, the effect of this rule will not be significant
because the local waterway users will be notified via public Broadcast
Notice to Mariners to ensure the safety zone will result in minimum
impact. The entities most likely to be affected are pleasure craft
engaged in recreational activities.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
    This rule may affect owners and operators of pleasure craft engaged
in recreational activities and sightseeing. This rule will not have a
significant economic impact on a substantial number of small entities
for several reasons: (i) vessel traffic can pass safely around the
area, (ii) vessels engaged in recreational activities and sightseeing
have ample space outside of the effected portion of San Francisco Bay
to engage in these activities, (iii) this rule will encompass only a
small portion of the waterway for a limited period of time, and (iv)
the maritime public will be advised in advance of this safety zone via
Broadcast Notice to Mariners.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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 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.

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of

Management and Budget, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded,
under the Instruction, that there are no factors in this case that
would limit the use of a categorical exclusion under section 2.B.2 of
the Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g) of the Instruction, from further
environmental documentation.
    A final environmental analysis checklist and a final categorical
exclusion determination will be available in the docket under
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add temporary Sec.  165.T11-047 to read as follows:

Sec.  165.T11-047  Safety Zone; City of Berkeley Fourth of July
Fireworks Display, Berkeley, CA.

    (a) Location. This temporary safety zone is established for the
waters of San Francisco Bay surrounding the launch site for the
fireworks display, taking place on the Berkeley Municipal Pier located
in position 37[deg]51'34'' N, 122[deg]19'37'' W (NAD 83).
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port San Francisco (COTP) in the enforcement of the
safety zone.
    (c) Regulations. (1) Under the general regulations in Sec.  165.23,
entry into, transiting, or anchoring within this safety zone is
prohibited unless authorized by the COTP or the COTP's designated
representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or the COTP's designated representative. Persons and
vessels may request permission to enter the safety zone on VHF-16 or
the 24-hour Command Center via telephone at<PHONE_NUMBER>.
    (d) Effective period. This section is effective from 11 a.m.
through 10 p.m. on July 4, 2008.

    Dated: June 21, 2008.
D.J. Swatland,
Captain, U.S. Coast Guard, Acting Captain of the Port San Francisco.
[FR Doc. E8-14957 Filed 7-1-08; 8:45 am]

BILLING CODE 9110-04-P


[Federal Register: September 17, 2008 (Volume 73, Number 181)]
[Notices]
[Page 53895-53896]
[DOCID:fr17se08-123]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1777-DR]

Michigan; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Michigan (FEMA-1777-DR), dated July 14, 2008, and
related determinations.

DATES: Effective Date: September 7, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that

pursuant to the authority vested in the Administrator, under Executive
Order 12148, as amended, Michael H. Smith, of FEMA is appointed to act
as the Federal Coordinating Officer for this declared disaster.
    This action terminates my appointment of W. Michael Moore as
Federal Coordinating Officer for this disaster.

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

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-21646 Filed 9-16-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Notices]
[Pages 52172-52173]
[FR Doc No: 2019-21274]

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DEPARTMENT OF TRANSPORTATION

[Docket No. DOT-OST-2004-16951]

Agency Request for Reinstatement With Change of a Previously
Approved Information Collection: Aircraft Accident Liability Insurance

AGENCY: Office of the Secretary, DOT.

ACTION: Notice and request for comments.

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SUMMARY: The Department of Transportation (DOT) invites public comment
about our intention to request the Office of Management and Budget
(OMB)'s approval to reinstate with changes an information collection.
The collection involves information from U.S. air carrier's policies of
insurance for aircraft accident bodily injury and property damage
liability and their filings of a two-page form. The information
collected is necessary for DOT to determine whether the air carrier
meets DOT criteria for insurance in 14 CFR part 205. We are required to
publish this notice in the Federal Register by the Paperwork Reduction
Act of 1995.

DATES: Written comments should be submitted by December 2, 2019.

ADDRESSES: You may submit comments [identified by Docket Number DOT-
OST-2004-16951] by any of the following methods:
     Website: http://www.regulations.gov. Follow the
instructions for submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail or Hand Delivery: Docket Operating Officer; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, W12-140,
Washington, DC

20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: Barbara Snoden,<PHONE_NUMBER>, Office
of Aviation Analysis, Office of the Secretary, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2106-0030.
    Title: Aircraft Accident Liability Insurance, 14 CFR part 205.
    Type of Request: Reinstatement with changes of a previously
approved collection.
    Abstract: 14 CFR part 205 contains the minimum requirements for air
carrier accident liability insurance to protect the public from losses,
and directs that certificates evidencing appropriate coverage must be
filed with the Department.
    Respondents: U.S. and foreign air carriers.
    Estimated Number of Respondents: 2,508.
    Estimated Total Burden on Respondents: 875 hours.
    Comments are invited on: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Department, including whether the information will
have practical utility; (b) the accuracy of the Department's estimate
of the burden of the proposed information collection; (c) ways to
enhance the quality, utility and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including the use of automated collection
techniques or other forms of information technology. The agency will
summarize and/or include your comments in the request for OMB's
clearance of this information collection.
    Authority: The Paperwork Reduction Act of 1995; 14 CFR part 205.

    Issued in Washington, DC, on September 25, 2019.
Lauralyn J. Remo,
Chief, Air Carrier Fitness Division, Office of Aviation Analysis.
[FR Doc. 2019-21274 Filed 9-30-19; 8:45 am]
 BILLING CODE 4910-9X-P


[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Notices]
[Page 20618]
[FR Doc No: 2012-8157]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP12-95-000]

PetroLogistics Natural Gas Storage, LLC; Notice of Application

    Take notice that on March 22, 2012, PetroLogistics Natural Gas
Storage, LLC (PetroLogistics), 4470 Bluebonnet Blvd., Baton Rouge,
Louisiana 70809, filed in Docket No. CP12-95-000, an application
pursuant to section 7(c) of the Natural Gas Act (NGA) and Part 157 of
the Commission's regulations, to amend its previously authorized
certificate of public convenience and necessity issued in Docket Nos.
CP07-427-000, CP07-428-000, and CP07-429-000, as amended in Docket No.
CP10-66-000. Specifically, PetroLogistics request to amend its
certificate by reducing the total capacity, working gas capacity, and
cushion gas capacity of its Cavern 25 located in Iberville Parish,
Louisiana, all as more fully set forth in the application which is on
file with the Commission and open to public inspection. This filing may
also be viewed on the Commission's Web site at http://www.ferc.gov
using the ``eLibrary'' link. Enter the docket number, excluding the
last three digits, in the docket number field to access the document.
For assistance, call<PHONE_NUMBER> or TTY,<PHONE_NUMBER>.
    Any questions regarding this application should be directed to
Kevin M. Miller, PetroLogistics Natural Gas Storage, LLC, 4470
Bluebonnet Blvd., Baton Rouge, Louisiana 70809, or by calling (225)
706-7690 (telephone) or email<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's regulations, 18 CFR
157.9, within 90 days of this Notice, the Commission's staff will
either complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission's staff issuance of
the EA for this proposal. The filing of the EA in the Commission's
public record for this proceeding or the issuance of a Notice of
Schedule for Environmental Review will serve to notify federal and
state agencies of the timing for the completion of all necessary
reviews, and the subsequent need to reach a final decision on a request
for federal authorization within 90 days of the date of issuance of the
Commission staff's EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 14 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's web site under the ``e-Filing'' link.
    Comment Date: April 19, 2012.

    Dated: March 29, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-8157 Filed 4-4-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Proposed Rules]
[Pages 82333-82335]
[FR Doc No: 2010-33001]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1206; Directorate Identifier 2009-NM-216-AD]
RIN 2120-AA64

Airworthiness Directives; McDonnell Douglas Corporation Model DC-
10-10, DC-10-10F, and MD-10-10F Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Model DC-10-10, DC-10-10F, and MD-10-10F airplanes. This
proposed AD would require repetitive inspections for cracking on the
lower cap of the rear spar of the left and right wings between stations
Xors=417 and the outboard edge of the lower cap splice of the wing rear
spar at station Xors=400; temporary and permanent repairs if necessary;
and repetitive inspections of repaired areas and corrective actions if
necessary. This proposed AD results from reports of three instances of
fuel leaks in the lower cap splice of the wing rear spar at station
Xors=409. We are proposing this AD to detect and correct cracking on
the lower cap of the rear spar of the left and right wings between
stations Xors=417 and the outboard edge of the lower cap splice of the
wing rear spar at station Xors=400, which could result in fuel leaks or
cracking of the lower wing skin and structure, causing possible
inability of the structure to sustain the limit load adversely
affecting the structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by February 14,
2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Nenita Odesa, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-1206;
Directorate Identifier 2009-NM-216-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.

    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received reports of three instances of Model DC-10-10F and
MD-10-10F airplanes having a fuel leak in the lower cap of the wing
rear spar at station Xors=409. Affected airplanes had the gross weight
doublers installed, and operators had previously accomplished Boeing
Service Bulletin DC10-57-138. Investigation revealed the fuel leak was
due to a crack in the lower cap. This crack extended into all three
legs (aft, forward, and vertical) of the spar cap. Metallurgical
analysis of the cracked portion of the spar cap determined that the
crack was due to fatigue and began at a fastener hole in the aft leg of
the spar cap. An undetected crack in a spar cap, if not corrected,
could lead to fuel leaks or cracking of the lower wing skin and
structure causing the possible inability of the structure to sustain
the limit load, and adversely affect the structural integrity of the
airplane.
    The design of the spar caps on Model DC-10-10 airplanes is the same
as that on Model DC-10-10F and MD-10-10F airplanes in the area of
cracking; therefore, Model DC-10-10 airplanes are also subject to the
identified unsafe condition.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin DC10-57A156,
Revision 1, dated March 10, 2010. The service bulletin describes
procedures for repetitive eddy current test high frequency (ETHF)
inspections for cracking on the lower cap of the rear spar of the left
and right wings between stations Xors=417 and the outboard edge of the
lower cap splice of the wing rear spar at station Xors=400, and
temporary and permanent repairs, if necessary. The temporary repair may
only be done on airplanes on which a crack that extends into the
vertical leg of the spar cap is found and includes stop drilling the
crack and installing an external doubler. The service bulletin
describes procedures for repetitive ETHF and ultrasonic inspections for
cracking of the repaired area.
    We have also reviewed Boeing DC-10-10 Service Rework Drawings
SR10570048, Revision J, dated July 16, 2009; which describe procedures
for permanent and temporary repairs. The type of permanent repair
depends on the extent of the cracking and includes crack removal or
stop drill end of the crack and structural reinforcement. For
permanently and temporarily repaired areas, the service rework drawing
describes procedures for repetitive ETHF and ultrasonic inspections for
cracking (depending on the type of repair that is accomplished).
    We have also reviewed Boeing DC-10-10 Service Rework Drawings
SR10570019, Revision K, dated April 17, 2009, which describe procedures
for permanent repairs. The type of permanent repair depends on the
extent of the cracking and includes crack removal or stop drill end of
the crack and structural reinforcement. For permanently repaired areas,
the service rework drawing describes procedures for repetitive ETHF and
ultrasonic inspections for cracking (depending on the type of repair
that is accomplished).

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
This proposed AD would require accomplishing the actions specified in
the service information described previously except as discussed under
``Differences Between the Proposed AD and the Service Information.''

Differences Between the Proposed AD and the Service Information

    Because the service bulletin provides no corrective action for the
post repair inspections, this AD would require contacting the FAA.

Costs of Compliance

    We estimate that this proposed AD would affect 68 airplanes of U.S.
registry. We also estimate that it would take 2 work-hours per product
to comply with this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of this
proposed AD to the U.S. operators to be $11,560, or $170 per product,
per inspection cycle.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have 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.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866,
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979), and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

McDonnell Douglas Corporation: Docket No. FAA-2010-1206; Directorate
Identifier 2009-NM-216-AD.

Comments Due Date

    (a) We must receive comments by February 14, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to McDonnell Douglas Corporation Model DC-
10-10, DC-10-10F, and MD-10-10F airplanes; certificated in any
category; as identified in Boeing Alert Service Bulletin DC10-
57A156, Revision 1, dated March 10, 2010.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Unsafe Condition

    (e) This AD results from reports of three instances of fuel
leaks in the lower cap splice of the wing rear spar at station
Xors=409. The Federal Aviation Administration is issuing this AD to
detect and correct cracking on the lower cap of the rear spar of the
left and right wings between stations Xors=417 and the outboard edge
of the lower cap splice of the wing rear spar at station Xors=400,
which could result in fuel leaks or cracking of the lower wing skin
and structure, causing possible inability to sustain the limit load
and adversely affecting the structural integrity of the airplane.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Inspection

    (g) Within 1,750 flight cycles after the effective date of this
AD, do an eddy current test high frequency (ETHF) inspection for
cracking on the lower cap of the rear spar of the left and right
wings between stations Xors=417 and the outboard edge of the lower
cap splice of the wing rear spar at station Xors=400, in accordance
with the Accomplishment Instructions of Boeing Alert Service
Bulletin DC10-57A156, Revision 1, dated March 10, 2010.
    (1) If no cracking is found, repeat the inspection required by
paragraph (g) of this AD thereafter at intervals not to exceed 1,750
flight cycles.
    (2) If any cracking is found in the spar cap aft leg at the
fastener holes, and that cracking can be removed by hole
enlargement, before further flight, do a permanent repair, in
accordance with Boeing DC-10-10 Service Rework Drawing SR10570048,
Revision J, dated July 16, 2009. Within 1,750 flight cycles after
doing the applicable permanent repair, and thereafter at intervals
not to exceed 1,750 flight cycles, do an ETHF inspection for
cracking in accordance with Boeing DC-10-10 Service Rework Drawing
SR10570048, Revision J, dated July 16, 2009. If any cracking is
found during any inspection required by this paragraph, before
further flight, repair the cracking, in accordance with the
procedures specified in paragraph (i) of this AD.
    (3) If any cracking is found in the spar cap aft leg at the
fastener holes, and that cracking cannot be removed by hole
enlargement but it does not extend into the vertical leg, before
further flight, do a permanent repair, in accordance with Boeing DC-
10-10 Service Rework Drawing SR10570048, Revision J, dated July 16,
2009. Within 4,550 flight cycles after doing a permanent repair, and
thereafter at intervals not to exceed 4,550 flight cycles, do ETHF
and ultrasonic inspections for cracking, in accordance with Boeing
DC-10-10 Service Rework Drawing SR10570048, Revision J, dated July
16, 2009. If any cracking is found during any inspection required by
this paragraph, before further flight, repair the cracking, in
accordance with the procedures specified in paragraph (i) of this
AD.
    (4) If any cracking is found in the spar cap aft leg at fastener
holes and that cracking extends into the vertical leg of the spar
cap, do the actions specified in paragraph (g)(4)(i) or (g)(4)(ii)
of this AD.
    (i) Do the actions in paragraphs (g)(4)(i)(A) and (g)(4)(i)(B)
of this AD.
    (A) Before further flight, do a temporary repair in accordance
with Boeing DC-10-10 Service Rework Drawing SR10570048, Revision J,
dated July 16, 2009. Within 1,650 flight cycles after doing the
temporary repair; and thereafter at intervals not to exceed 1,650
flight cycles, do ETHF and ultrasonic inspections for cracking of
the repaired area, in accordance with Boeing DC-10-10 Service Rework
Drawing SR10570048, Revision J, dated July 16, 2009, until the
permanent repair required by paragraph (g)(4)(i)(B) of this AD is
done. If any cracking is found during any inspection required by
this paragraph, before further flight, repair the cracking, in
accordance with the procedures specified in paragraph (i) of this
AD.
    (B) Within 7,000 flight cycles after the temporary repair has
been done, do the applicable permanent repair, in accordance with
Boeing DC-10-10 Service Rework Drawing SR10570019, Revision K, dated
April 17, 2009. Within 4,550 flight cycles after doing the permanent
repair; and thereafter at intervals not to exceed 4,550 flight
cycles; do ETHF and ultrasonic inspections for cracking of the
repaired area, in accordance with Boeing DC-10-10 Service Rework
Drawing SR10570019, Revision K, dated April 17, 2009. If any
cracking is found during any inspection required by this paragraph,
before further flight, repair the cracking, in accordance with the
procedures specified in paragraph (i) of this AD.
    (ii) Before further flight do the applicable permanent repair,
in accordance with Boeing DC-10-10 Service Rework Drawing
SR10570019, Revision K, dated April 17, 2009. Within 4,550 flight
cycles after doing the permanent repair; and thereafter at intervals
not to exceed 4,550 flight cycles, do ETHF and ultrasonic
inspections for cracking of the repaired area, in accordance with
Boeing DC-10-10 Service Rework Drawing SR10570019, Revision K, dated
April 17, 2009. If any cracking is found during any inspection
required by this paragraph, before further flight, repair the
cracking, in accordance with the procedures specified in paragraph
(i) of this AD.

Credit for Actions Accomplished in Accordance With Previous Service
Information

    (h) Actions accomplished before the effective date of this AD
according to Boeing Alert Service Bulletin DC10-57A156, dated
September 16, 2009, are considered acceptable for compliance with
the corresponding actions specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Los Angeles Aircraft Certification Office,
(ACO) FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Nenita Odesa, Aerospace Engineer, Airframe
Branch, ANM-120L, FAA, Los Angeles ACO, 3960 Paramount Boulevard,
Lakewood, California 90712-4137; phone:<PHONE_NUMBER>; fax: (562)
627-5210; e-mail<EMAIL_ADDRESS>    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Los Angeles ACO to
make those findings. For a repair method to be approved, the repair
must meet the certification basis of the airplane and 14 CFR 25.571,
Amendment 45, and the approval must specifically refer to this AD.

    Issued in Renton, Washington, on December 17, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-33001 Filed 12-29-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Notices]
[Page 8773]
[FR Doc No: 2021-02627]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2426-227]

California Department of Water Resources and Los Angeles
Department of Water and Power; Notice of Waiver Period for Water
Quality Certification Application

    On January 29, 2021, California Department of Water Resources and
Los Angeles Department of Water and Power submitted to the Federal
Energy Regulatory Commission (Commission) a copy of their application
for a Clean Water Act section 401(a)(1) water quality certification
filed with the California State Water Resources Control Board
(California Water Board), in conjunction with the above captioned
project. Pursuant to 40 CFR 121.6, we hereby notify the California
Water Board of the following:

    Date of Receipt of the Certification Request: January 29, 2021.
    Reasonable Period of Time to Act on the Certification Request:
One year.
    Date Waiver Occurs for Failure to Act: January 29, 2022.

    If the California Water Board fails or refuses to act on the water
quality certification request by the above waiver date, then the
agency's certifying authority is deemed waived pursuant to section
401(a)(1) of the Clean Water Act, 33 U.S.C. 1341(a)(1).

    Dated: February 3, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-02627 Filed 2-8-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Notices]
[Pages 65185-65186]
[FR Doc No: 2023-20473]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2010-0164]

National Boating Safety Advisory Committee; October 17, 2023
Virtual Meeting

AGENCY:  U.S. Coast Guard, Department of Homeland Security.

ACTION: Notice of Federal advisory committee virtual meeting.

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SUMMARY: The National Boating Safety Advisory Committee (Committee) and
its Subcommittees will meet virtually to discuss matters relating to
national boating safety. The virtual meeting will be open to the
public.

DATES:
    Meeting: The Committee and its Subcommittees will meet on Tuesday,
October 17, 2023, from noon until 4 p.m. Eastern Standard Time (EST).
This virtual meeting may adjourn early if the Committee has completed
its business.
    Comments and supporting documentation: To ensure your comments are
received by Committee members before the virtual meeting, submit your
written comments no later than October 11, 2023.

ADDRESSES: To join the virtual meeting or to request special
accommodations, contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section no later than 1 p.m. EST on October 16,
2023. The number of virtual lines are limited and will be available on
a first-come, first-served basis.
    Pre-registration information: Pre-registration is required for
attending this virtual meeting. You must request attendance by
contacting the individual listed in the FOR FURTHER INFORMATION CONTACT
section of this notice. You will receive a response with attendance
instructions.
    The National Boating Safety Advisory Committee is committed to
ensuring all participants have equal access regardless of disability
status. If you require reasonable accommodation due

to a disability to fully participate, please email Mr. Jeff Decker at
[email protected] or call<PHONE_NUMBER> as soon as possible.
    Instructions: You are free to submit comments at any time,
including orally at the virtual meeting as time permits, but if you
want Committee members to review your comments before the meeting,
please submit your comments no later than October 11, 2023. We are
particularly interested in comments on the topics in the ``Agenda''
section below. We encourage you to submit comments through the Federal
Decision Making Portal at https://www.regulations.gov. To do so, go to
https://www.regulations.gov, type USCG-2010-0164 in the search box and
click ``Search''. Next, look for this document in the Search Results
column, and click on it. Then click on the Comment option. If your
material cannot be submitted using https://www.regulations.gov, contact
the individual in the FOR FURTHER INFORMATION CONTACT section of this
document for alternate instructions. You must include the docket number
USCG-2010-0164. Comments received will be posted without alteration at
https://www.regulations.gov, including any personal information
provided. You may wish to review the Privacy and Security Notice found
via a link on the homepage of https://www.regulations.gov. For more
about privacy and submissions in response to this document, see DHS's
eRulemaking System of Records notice (85 FR 14226, March 11, 2020). If
you encounter technical difficulties with comment submission, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this notice.
    Docket Search: Documents mentioned in this notice as being
available in the docket, and all public comments, will be in our online
docket at https://www.regulations.gov and can be viewed by following
that website's instructions. Additionally, if you go to the online
docket and sign-up for email alerts, you will be notified when comments
are posted.

FOR FURTHER INFORMATION CONTACT: Mr. Jeff Decker, Alternate Designated
Federal Officer of the National Boating Safety Advisory Committee, 2703
Martin Luther King Jr. Ave. SE, Stop 7509, Washington, DC 20593-7509,
telephone<PHONE_NUMBER> or via email at [email protected].

SUPPLEMENTARY INFORMATION: Notice of this meeting is given pursuant the
Federal Advisory Committee Act (Pub. L. 117-286, 5 U.S.C., ch. 10). The
Committee was established on December 4, 2018, by section 601 of the
Frank LoBiondo Coast Guard Authorization Act of 2018, (Pub. L. 115-282,
132 Stat. 4192), and is codified in 46 U.S.C. 15105. The Committee
operates under the provisions of the Federal Advisory Committee Act and
46 U.S.C. 15109. The National Boating Safety Advisory Committee
provides advice and recommendations to the Secretary of Homeland
Security via the Commandant of the United States Coast Guard on matters
relating to national boating safety. This notice is issued under the
authority of 46 U.S.C. 15109(a).

Agenda

    The agenda for the National Boating Safety Advisory Committee
meeting is as follows:

Agenda

    (1) Call to Order.
    (2) Roll call of Committee members and determination of quorum.
    (3) Opening Remarks.
    (4) Conflict of Interest Statement.
    (5) Receipt and discussion of the following reports from the Office
of Auxiliary and Boating Safety:
    a. National Recreational Boating Safety Survey
    b. USCG Publication for Boaters
    c. Grant Program Administration
    d. Uniform Certificate of Titling Act for Vessels
    e. Mechanically Propelled Personal Hydrofoils (EFOILS)
    f. Hull Identification Numbers
    g. Task Statements and Strategic Plan
    (6) National Water Safety Action Plan.
    (7) Whale Protection Rules.
    (8) Life Jacket Harmonization.
    (8) Decarbonization/Electrification.
    (9) Human Factors Task Statement.
    (10) Public Comment.
    (11) Next meeting planning.
    (12) Vote on Chair and Vice Chair.
    (13) Adjournment of meeting.
    A copy of all meeting documentation will be available at https://homeport.uscg.mil/Lists/Content/DispForm.aspx?ID=75937&Source=/Lists/Content/DispForm.aspx?ID=75937, no later than October 16, 2023.
Alternatively, you may contact Mr. Jeff Decker as noted in the FOR
FURTHER INFORMATION section above.
    There will be a public comment period from approximately 3:00 p.m.
until 3:15 p.m. (EST). Speakers are requested to limit their comments
to 3 minutes. Please note that the public comment period may end before
the period allotted, following the last call for comments. Please
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section above to register as a speaker.

    Dated: September 15, 2023.
Amy M. Beach,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2023-20473 Filed 9-20-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Notices]
[Pages 46487-46488]
[FR Doc No: 2018-19952]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2018-0605; FRL-9983-09]

Request for Nominations of Experts To Consider for ad hoc
Participation and Possible Membership on the Toxic Substances Control
Act (TSCA), Science Advisory Committee on Chemicals (SACC)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The EPA requests public nominations of scientific experts to
be considered for ad hoc participation and possible membership on the
Toxic Substances Control Act (TSCA) Science Advisory Committee on
Chemicals (SACC). All nominees will be considered for ad hoc
participation in the TSCA SACC's peer reviews of the EPA's risk
evaluations for the first 10 chemical substances addressed under the
TSCA. In addition, all nominees may be considered for TSCA SACC
membership to fulfill short term needs when a vacancy occurs on the
chartered Committee.

DATES: Nominations. Nominations should be provided to the Designated
Federal Official (DFO) listed under FOR FURTHER INFORMATION CONTACT on
or before October 29, 2018.
    For additional instructions, see Unit I.B. of the SUPPLEMENTARY
INFORMATION.

FOR FURTHER INFORMATION CONTACT: Dr. Todd Peterson, DFO, Office of
Science Coordination and Policy (7201M), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. This action may,
however, be of interest to persons who are or may be required to
conduct testing and risk evaluations of chemical substances under the
Toxic Substances Control Act (TSCA). Since other entities may also be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action.

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

    1. Submitting CBI. Do not submit CBI information to EPA through
regulations.gov or email. If your nomination contains any information
that you consider to be CBI or otherwise protected, please contact the
DFO listed under FOR FURTHER INFORMATION CONTACT to obtain special
instructions before submitting your nomination.
    2. Request for nominations to be considered for ad hoc
participation and possible membership on the TSCA SACC. As part of a
broader process for developing a pool of candidates, OSCP staff
solicits from the public and stakeholder communities nominations of
prospective candidates for service as ad hoc reviewers and possibly
members of TSCA SACC. Any interested person or organization may
nominate qualified individuals to be considered as prospective
candidates. Individuals may self-nominate. Individuals nominated should
have expertise in one or more of the following areas: Women's health;
children's health; genetic variability; disproportionately exposed
populations; aging; other susceptible populations; biochemistry;
chemistry; epidemiology; human health risk assessment; pathology; PBPK
modeling; pharmacology; ecological risk assessment; environmental fate;
environmental toxicology; occupational, consumer, and general exposure
assessment; toxicology; dose response modeling; environmental
engineering; biostatistics; computational toxicology; fiber science;
inhalation toxicology; volatile organics; and systematic review.
Nominees should be scientists who have sufficient professional
qualifications, including training and experience, to be capable of
providing expert comments on the scientific issues for a TSCA SACC
meeting. Nominees should be identified by name, occupation, position,
address, email address, and telephone number. Nominations should be
provided to the DFO listed under FOR FURTHER INFORMATION CONTACT on or
before October 29, 2018. The Agency will consider all nominations of
prospective candidates for service as ad hoc reviewers and possibly
members of the TSCA SACC that are received on or before that date.
However, final selection of ad hoc participants and members is at the
discretion of the Agency.
    The selection of scientists to serve as ad hoc reviewers and
members of the TSCA SACC is based on the function of the Committee and
the expertise needed to address the Agency's charge to the Committee.
No interested scientists shall be ineligible to serve by reason of
their membership on any other advisory committee to a Federal
department or agency or their employment by a Federal department or
agency, except EPA. Other factors considered during the selection
process include availability of the prospective candidate to fully
participate in the Committee's reviews, absence of any conflicts of
interest or appearance of loss of impartiality, independence with
respect to the matters under review, and lack of bias. Although
financial conflicts of interest, the appearance of loss of
impartiality, lack of independence, and bias may result in
disqualification, the absence of such concerns does not assure that a
candidate will be selected to serve on TSCA SACC. Often, numerous
available and qualified candidates are identified for ad hoc
participation and membership. Therefore, selection decisions involve
carefully weighing a number of factors including the candidates' areas
of expertise and professional qualifications and achieving an overall
balance of different scientific perspectives on the Committee.
    TSCA SACC members are subject to the provisions of 5 CFR part
2634--Executive Branch Financial Disclosure, Qualified Trusts, and
Certificates of Divestiture, as supplemented by EPA in 5 CFR part 6401.
In anticipation of this requirement, prospective candidates for service
on TSCA SACC will be asked to submit confidential financial information
which shall fully disclose, among other financial interests, the
candidate's employment, stocks and bonds, and where applicable, sources
of research support. EPA will evaluate the candidates' financial
disclosure forms to assess whether there are financial conflicts of
interest, appearance of a loss of impartiality, or any prior
involvement with the development of the documents under consideration
(including previous scientific peer review) before the candidate is
considered further for service on TSCA SACC. Those who are selected
from the pool of prospective candidates will be asked to attend the
public meetings and to participate in the discussion of key issues and
assumptions at these meetings. In addition, they will be asked to
review and to help finalize the meeting minutes. The list of ad hoc
reviewers and TSCA SACC members participating at each meeting will be
posted on the TSCA SACC website at http://www.epa.gov/tsca-peer-review
or may be obtained from the OPPT Docket at http://www.regulations.gov.

II. Background

A. Purpose of TSCA SACC

    The Science Advisory Committee on Chemicals (SACC) was established
by EPA in 2016 under the authority of the Frank R. Lautenberg Chemical
Safety for the 21st Century Act, Public Law 114-

182, 140 Stat. 448 (2016), and operates in accordance with the Federal
Advisory Committee Act (FACA) of 1972. The SACC supports activities
under the Toxic Substances Control Act (TSCA), 15 U.S.C. 2601 et seq.,
the Pollution Prevention Act (PPA), 42 U.S.C. 13101 et seq., and other
applicable statutes. The SACC provides independent scientific advice
and recommendations to the EPA on the scientific and technical aspects
of risk assessments, methodologies, and pollution prevention measures
and approaches for chemicals regulated under TSCA.
    The SACC is comprised of experts in: Toxicology; environmental risk
assessment; exposure assessment; and related sciences (e.g., synthetic
biology, pharmacology, biotechnology, nanotechnology, biochemistry,
biostatistics, PBPK modeling, computational toxicology, epidemiology,
environmental fate, and environmental engineering and sustainability).
The SACC currently consists of 26 members. When needed, the committee
will be assisted in their reviews by ad hoc reviewers with specific
expertise in the topics under consideration.
    At this time, EPA is seeking nominations to create a pool of
experts who can be available to the SACC to assist in reviews conducted
by the Committee. EPA anticipates selecting experts from this pool, as
needed, to assist the SACC in their review of EPA's risk evaluations
for the first 10 chemical substances addressed under the TSCA: Pigment
Violet 29; 1,4-Dioxane, Asbestos; Cyclic Aliphatic Bromide Cluster
(HBCD); 1-Bromopropane; Perchloroethylene; Trichloroethylene; Carbon
Tetrachloride; Methylene Chloride; and n-Methylpyrolidone.
    In addition, EPA anticipates selecting from the pool of experts, as
needed, to appoint SACC members to fulfill short term needs when a
vacancy occurs on the Committee due to resignation or reasons other
than expiration of a term.

    Authority: 15 U.S.C. 2625 et seq.; 5 U.S.C. Appendix 2 et seq.

    Dated: September 4, 2018.
Stanley Barone, Jr.,
Acting Director, Office of Science Coordination and Policy.
[FR Doc. 2018-19952 Filed 9-12-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Rules and Regulations]
[Pages 29432-29435]
[FR Doc No: 2017-13665]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-R04-OAR-2017-0209; FRL-9964-32-Region 4]

Approval of Section 112(l) Authority for Hazardous Air
Pollutants; Equivalency by Permit Provisions; National Emission
Standards for Hazardous Air Pollutants; Plating and Polishing
Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: On December 12, 2016, pursuant to section 112(l) of the Clean
Air Act (CAA), the Tennessee Department of Environment and Conservation
(TDEC) requested approval to implement and enforce State permit terms
and conditions that substitute for the National Emission Standards for
Hazardous Air Pollutants (NESHAP) from Plating and Polishing Operations
with respect to the operation of the Ellison Surface Technologies,
Inc., facility in Morgan County, Tennessee (Ellison). The Environmental
Protection Agency is approving this request, and thus, granting TDEC
the authority to implement and enforce alternative requirements in the
form of title V permit terms and conditions after the EPA has approved
the State's alternative requirements.

DATES: This direct final rule is August 28, 2017 without further
notice, unless the EPA receives adverse comment by July 31, 2017. If
the 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 No. EPA-R04-
OAR-2017-0209 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information 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. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
    Copies of all comments must also be sent concurrently to TDEC
either via hard copy to Tennessee Department of Environment and
Conservation, 312 Rosa L. Parks Avenue, Floor 15, Nashville, Tennessee
37243-1102, attention: Michelle Walker; or via electronic mail to
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Lee Page, South Air Enforcement and
Toxics Section, Air Enforcement and Toxics Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Page
can be reached via telephone at<PHONE_NUMBER> and via electronic mail
at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to section 112 of the CAA, EPA promulgates NESHAPs for
various categories of air pollution sources. On July 1, 2008, the EPA
promulgated the NESHAP for Plating and Polishing Operations (see 73 FR
37741) which is codified in 40 CFR part 63, subpart WWWWWW, ``National
Emission Standards for Hazardous Air Pollutants: Area Source Standards
for Plating and Polishing Operations.'' Ellison performs plating and
polishing operations and is subject to subpart WWWWWW.
    Under CAA section 112(l), the EPA may approve state or local rules
or programs to be implemented and enforced in place of certain
otherwise applicable CAA section 112 Federal rules, emission standards,
or requirements. The Federal regulations governing EPA's approval of
state and local rules or programs under section 112(l) are located at
40 CFR part 63, subpart E (see 65 FR 55810, dated September 14, 2000).
Under these regulations, a state or local air pollution control agency
has the option to request the EPA's approval to substitute alternative
requirements and authorities that take the form of title V permit terms
and conditions instead of source category regulations. This option is
referred to as the equivalency by permit (EBP) option. To receive the
EPA approval of an EBP program, the requirements of 40 CFR 63.91 and
63.94 must be met.
    The EBP process comprises three steps. The first step (see 40 CFR
63.94(a) and (b)) is the ``up-front approval'' of the state EBP
program. The second step (see 40 CFR 63.94(c) and (d)) is the EPA
review and approval of the state alternative section 112 requirements
in the form of pre-draft permit terms and conditions. The third step
(see 40 CFR 63.94(e)) is incorporation of the approved pre-draft permit
terms and conditions into a specific title V permit and the title V
permit issuance process itself. The final approval of the state
alternative requirements that substitute for the Federal standard does
not occur for purposes of the Act, section 112(l)(5), until the
completion of step three.
    The purpose of step one, the ``up-front approval'' of the EBP
program, is three fold: (1) It ensures that the State meets the
criteria of 40 CFR 63.91(d) for up-front approval common to all
approval options; (2) it provides a legal foundation for the State to
replace the otherwise applicable Federal section 112 requirements that
will be reflected in final title V permit terms and conditions; and (3)
it delineates the specific sources and Federal emission standards for
which the State will be accepting delegation under the EBP option.
    On December 12, 2016, TDEC requested delegation of authority to
implement and enforce title V permit terms and requirements for Ellison
as an alternative to those of subpart WWWWWW. As part of its request to
implement and enforce alternative terms and conditions in place of the
otherwise applicable Federal section 112 standard, TDEC submitted
information intended to satisfy the requirements necessary for ``up
front approval'' of the EBP program.

II. Analysis of State's Submittal

    The EPA has reviewed TDEC's submittal and has concluded that the
State meets the requirements for ``up-front approval'' of its EBP
program which are specified at 40 CFR 63.94(b) and 63.91(d). The
requirements a State or local agency must meet can be summarized as
follows: (1) Identify the source(s) for which the State seeks authority
to implement and enforce alternative requirements; (2) request
delegation (or have delegation) for any remaining sources that are in
the same category as the source(s) for which it wishes to establish
alternative requirements; (3) identify all existing

and future CAA section 112 emission standards for which the State is
seeking authority to implement and enforce alternative requirements;
(4) demonstrate that the State has an approved CAA title V operating
permits program that permits the affected source(s); and (5)
demonstrate that the State meets the general approval criteria set
forth at 40 CFR 63.91(d). The EPA lists each requirement below and
after each requirement explains its reasons for concluding that TDEQ
meets the requirement:

A. Identify the Source(s) for Which the State Is Seeking Authority To
Implement and Enforce Alternative Requirements

    TDEC identified Ellison as the source for which it is seeking
authority to implement and enforce alternative requirements.

B. Request or Have Delegation for Any Remaining Sources That Are in the
Same Category as the Source(s) for Which the State Seeks To Establish
Alternative Requirements

    Tennessee has an approved 40 CFR part 63 delegation mechanism
commonly described as ``automatic delegation'' in which formal
delegation of the Federal rules occurs without the need for completing
specific state rulemaking actions and is automatically completed upon
the promulgation date of each part 63 regulation. See 61 FR 9661, 9668
(March 11, 1996); 61 FR 39335, 39342 (July 29,1996); 74 FR 22437, 22438
(May 13, 2009). Therefore, the State has delegated authority to
implement and enforce subpart WWWWWW.

C. Identify All Existing and Future Federal Section 112 Rules for Which
the State Is Seeking Authority To Implement and Enforce Alternative
Requirements

    In its submittal, TDEC requested only the authority to implement
and enforce State permit requirements for Ellison as alternatives to
the Federal requirements applicable to that source under subpart
WWWWWW.

D. Demonstrate That the State Has an Approved Title V Permits Program
and That the Program Permits the Affected Source(s)

    The EPA granted final interim approval to Tennessee's CAA title V
operating permits program on July 29, 1996 (61 FR 39342) and final
approval on November 14, 2001 (66 FR 56996). Under this approved
program, TDEC has the authority to issue title V permits to all major
and area stationary NESHAP sources. In its submittal, TDEC confirmed
that Ellison will obtain a Title V operating permit.

E. General Approval Criteria Found at 40 CFR Section 63.91(d)

    The provisions of 40 CFR 63.91(d)(3) specify that ``[i]nterim or
final title V program approval will satisfy the criteria set forth in
Sec.  63.91(d), up-front approval criteria.'' As discussed above, the
EPA has fully approved Tennessee's title V operating permits program.

III. Final Action

    The EPA is granting TDEC ``up-front'' approval of an EBP program
under which TDEC may establish and enforce alternative State
requirements for Ellison in lieu of those of the NESHAP for Plating and
Polishing Operations found at 40 CFR part 63, subpart WWWWWW. TDEC may
only establish alternative requirements for Ellison that are at least
as stringent as the otherwise applicable Federal requirements. TDEC
must, in order to establish alternative requirements for Ellison under
its EPA-approved EBP program: (1) Submit to the EPA for review pre-
draft title V permit terms specifying alternative requirements that
meet the criteria of 40 CFR 63.94(d), including the criterion that the
alternative requirements are at least as stringent as the otherwise
applicable Federal requirements, (2) obtain the EPA's written approval
of the alternative pre-draft title V permit requirements, and (3) issue
a title V permit for Ellison that contains the approved alternative
requirements. Until the EPA has approved the alternative permit terms
and conditions and TDEC has issued a final title V permit incorporating
them, Ellison will remain subject to the Federal NESHAP requirements
found at 40 CFR part 63, subpart WWWWWW.
    The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, the EPA is publishing a separate document
that will serve as the proposal to approve TDEC's request to implement
and enforce alternative requirements in the form of title V permit
terms and conditions should adverse comments be filed. This rule will
be effective August 28, 2017 without further notice unless the Agency
receives adverse comments by July 3, 2017.
    If the EPA receives such comments, then the EPA will publish a
document withdrawing the final rule and informing the public that the
rule will not take effect. All adverse comments received will then be
addressed in a subsequent final rule based on the proposed rule. The
EPA will not institute a second comment period. Parties interested in
commenting should do so at this time. If no such comments are received,
the public is advised that this rule will be effective on August 28,
2017 and no further action will be taken on the proposed rule.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    Executive Order 12866 gives the Office of Management and Budget
(OMB) the authority to review regulatory actions that are categorized
as ``significant'' under section 3(f) of Executive Order 12866. This
action is not a ``significant regulatory action'' and was therefore not
submitted to OMB for review. This action provides ``up-front'' approval
of an EBP program under which TDEC may establish and enforce
alternative requirements for one facility in the State that are at
least as stringent as the otherwise applicable Federal requirements.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et
seq.). A ``collection of information'' under the PRA means ``the
obtaining, causing to be obtained, soliciting, or requiring the
disclosure to an agency, third parties or the public of information by
or for an agency by means of identical questions posed to, or identical
reporting, recordkeeping, or disclosure requirements imposed on, ten or
more persons, whether such collection of information is mandatory,
voluntary, or required to obtain or retain a benefit.'' Because this
action applies to only one facility, the PRA does not apply.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, generally
requires an agency to prepare a regulatory flexibility analysis of any
rule subject to notice and comment rulemaking requirements under the
Administrative Procedure Act or any other statute unless the agency
certifies that the rule will not have a significant economic impact on
a substantial number of small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
I certify that

this action will not have a significant economic impact on a
substantial number of small entities under the RFA. In making this
determination, the impact of concern is any significant adverse
economic impact on small entities. An agency may certify that a rule
will not have a significant economic impact on a substantial number of
small entities if the rule relieves regulatory burden, has no net
burden or otherwise has a positive economic effect on the small
entities subject to the rule. This rule will not have a significant
impact on a substantial number of small entities because it only
affects one facility and because approvals under 40 CFR 63.94 do not
create any new requirements but simply allow the State to establish and
enforce alternative requirements that are at least as stringent as the
otherwise applicable Federal requirements.

D. Unfunded Mandates Reform Act (UMRA)

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538, establishes requirements for Federal agencies to
assess the effects of their regulatory actions on State, local, and
Tribal governments and the private sector. This rule does not contain
an unfunded mandate of $100 million or more as described in UMRA and
does not significantly or uniquely affect small governments. This
action allows the State to establish and enforce alternative
requirements that are at least as stringent as the otherwise applicable
Federal requirements, and imposes no new requirements.

E. Executive Order 13132: Federalism

    Executive Order 13132, Federalism requires the EPA to develop an
accountable process to ensure ``meaningful and timely input by State
and local officials in the development of regulatory policies that have
federalism implications.'' 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. This action allows the State to establish
and enforce alternative requirements that are at least as stringent as
the otherwise applicable Federal requirements, and does not alter the
relationship or the distribution of power and responsibilities
established in the Clean Air Act.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments,'' requires the EPA to develop an
accountable process to ensure ``meaningful and timely input by tribal
officials in the development of regulatory policies that have tribal
implications.'' This action does not have tribal implications as
specified in Executive Order 13175 because it will not have substantial
direct effects on tribal governments. Thus, Executive Order 13175 does
not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental 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 subject to Executive Order
13045 because it allows the State to establish and enforce alternative
requirements that are at least as stringent as the otherwise applicable
Federal requirements.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note) directs the EPA to consider and use
``voluntary consensus standards'' in its regulatory activities unless
to do so would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by voluntary
consensus standards bodies. This rulemaking does not involve technical
standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 directs Federal agencies, to the greatest
extent practicable and permitted by law, to make environmental justice
part of their mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States. The EPA
believes that this action does not have disproportionately high and
adverse human health or environmental effects on minority populations,
low-income populations and/or indigenous peoples, as specified in
Executive Order 12898 because it allows the State to establish and
enforce alternative requirements that are at least as stringent as the
otherwise applicable Federal requirements.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., 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. This action is subject to the CRA, and the EPA will
submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).

IV. 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 August 28, 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that the EPA
can withdraw this direct final rule and address the comment in the
proposed rulemaking. This action may

not be challenged later in proceedings to enforce its requirements. See
section 307(b)(2).

List of Subjects in 40 CFR Part 63

    Administrative practice and procedure, air pollution control,
National Emission Standards for Hazardous Air Pollutants, hazardous air
pollutants.

    Dated: June 14, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR part 63 is amended as follows:

PART 63--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart E--Approval of State Program and Delegation of Federal
Authorities

0
2. Section 63.99 is amended by adding paragraph (a)(43) to read as
follows:

Sec.  63.99   Delegated Federal authorities.

    (a) * * *
    (43) Tennessee. (i) The Tennessee Department of Environment and
Conservation (TDEC) has ``up-front'' approval to implement an
Equivalency by Permit (EBP) program under which TDEC may establish and
enforce alternative requirements for the Ellison Surface Technologies,
Inc. facility located in Morgan County, Tennessee (Ellison) in lieu of
those of the National Emissions Standard for Hazardous Air Pollutants
(NESHAP) for Plating and Polishing Operations at 40 CFR part 63,
subpart WWWWWW, ``National Emission Standards for Hazardous Air
Pollutants: Area Source Standards for Plating and Polishing
Operations.'' TDEC may only establish alternative requirements for
Ellison that are at least as stringent as the otherwise applicable
Federal requirements. TDEC must, in order to establish alternative
requirements for Ellison under its EPA-approved EBP program: submit to
the EPA for review pre-draft title V permit terms specifying
alternative requirements that meet the criteria of 40 CFR 63.94(d),
including the criterion that the alternative requirements are at least
as stringent as the otherwise applicable Federal requirements; obtain
the EPA's written approval of the alternative pre-draft title V permit
requirements; and issue a title V permit for Ellison that contains the
approved alternative requirements. Until the EPA has approved the
alternative permit terms and conditions and TDEC has issued a final
title V permit incorporating them, Ellison will remain subject to the
Federal NESHAP requirements found at 40 CFR part 63, subpart WWWWWW.
    (ii) Reserved.
* * * * *
[FR Doc. 2017-13665 Filed 6-28-17; 8:45 am]
 BILLING CODE 6560-50-P