[Federal Register Volume 79, Number 11 (Thursday, January 16, 2014)]
[Notices]
[Pages 2936-2938]
[FR Doc No: 2014-00640]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0002]

Reports, Forms and Recordkeeping Requirements; Agency Information
Collection Activity Under OMB Review

AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S.
Department of Transportation.

ACTION: Request for public comment on renewal of existing information
collections.

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

SUMMARY: Before a Federal agency can collect certain information from
the public, it must receive approval from the Office of Management and
Budget (OMB). Under procedures established by the Paperwork Reduction
Act of 1995, before seeking OMB approval, Federal agencies must solicit
public comment on proposed collections of information, including
extensions and reinstatement of previously approved collections. This
document describes a renewal of existing information collections for
which NHTSA intends to seek OMB approval.

DATES: Comments must be received by March 17, 2014.

ADDRESSES: You may submit comments, identified by one or both of the
docket numbers in the heading of this document, by any of the following
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Andr[eacute]a A. Noel, Office of
Defects Investigation, NHTSA, 1200 New Jersey Avenue SE., West
Building, NVS-210, Washington, DC 20590. Telephone:<PHONE_NUMBER>. For
access to background documents, please contact Ms. Noel.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995
(PRA), before an agency submits a proposed collection of information to
OMB for approval, it must first publish a document in the Federal
Register providing a 60-day comment period and otherwise consult with
members of the public and affected agencies concerning the proposed
collection of information. OMB has promulgated regulations describing
what must be included in such a document. Under OMB's regulation (at 5
CFR 1320.8(d)), an agency must ask for public comment on the following:
    (i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii) The accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (iii) How to enhance the quality, utility, and clarity of the
information to be collected;
    (iv) How to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
    In compliance with these requirements, NHTSA asks for public

comments on the renewal of the following described collections of
information:
    Title: Record Retention.
    Type of Request: Renewal of a currently approved information
collection.
    OMB Control Number: 2127-0042.
    Affected Public: Vehicle manufacturers and vehicle equipment
manufacturers (including tire and child restraint system
manufacturers).
    Abstract: Under 49 U.S.C. 30166(e), NHTSA ``reasonably may require
a manufacturer of a motor vehicle or motor vehicle equipment to keep
records, and a manufacturer, distributor, or dealer to make reports, to
enable [NHTSA] to decide whether the manufacturer, distributor or
dealer has complied or is complying with this chapter or a regulation
prescribed or order issued under this chapter.''
    To ensure that NHTSA will have access to this type of information,
the agency exercised the authority granted in 49 U.S.C. 30166(e) and
promulgated 49 CFR Part 576, Record Retention, initially published on
August 20, 1974 (39 FR 30045) and most recently amended on July 10,
2002 (67 FR 45873), requiring manufacturers to retain one copy of all
records that contain information concerning malfunctions that may be
related to motor vehicle safety for a period of five calendar years
after the record is generated or acquired by the manufacturer. Part 576
also requires manufacturers to retain for five years the underlying
records related to early warning reporting (EWR) information submitted
under 49 CFR part 579.
    Estimated annual burden: Approximately one thousand manufacturers
of vehicles and equipment (including tires and child restraint systems)
are required to maintain records. We estimate their burden at 40 hours
each for a subtotal of 40,000 hours (1,000 respondents x 40 hours). In
addition, there are approximately 23,600 equipment manufacturers
(excluding child seat and tire manufacturers) whose record retention
requirements under part 576 are limited to the documents underlying
their part 579 reporting requirements. Their part 579 requirements
include only the reporting of incidents involving deaths. Therefore,
based on the number of death reports submitted to date by these
equipment manufacturers, we estimate that an additional 20 equipment
manufacturers have record retention requirements imposed by part 576.
We estimate that it will take one hour each to maintain the necessary
records for a subtotal burden of 20 hours (20 respondents x one hour).
Accordingly, the estimate of total annual burden hours is 40,020 hours
(1,000 respondents x 40 hours plus 20 respondents x 1 hour).
    Number of respondents: 1,020.
    Below are detailed instructions for submitting comments on this
collection and additional information on the commenting process.

How do I prepare and submit comments?

    Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments.
    Your comments must not be more than 15 pages long. (49 CFR 553.21).
We established this limit to encourage you to write your primary
comments in a concise fashion. However, you may attach necessary
additional documents to your comments. There is no limit on the length
of the attachments.
    Comments may be submitted to the docket electronically by logging
onto the Docket Management System Web site at http://www.regulations.gov. Follow the online instructions for submitting
comments.
    You may also submit two copies of your comments, including the
attachments, to Docket Management at the address given above under
ADDRESSES.
    Please note that pursuant to the Data Quality Act, in order for
substantive data to be relied upon and used by the agency, it must meet
the information quality standards set forth in the OMB and DOT Data
Quality Act guidelines. Accordingly, we encourage you to consult the
guidelines in preparing your comments. OMB's guidelines may be accessed
at http://www.whitehouse.gov/omb/fedreg/reproducible.html. DOT's
guidelines may be accessed at http://www.rita.dot.gov/bts/sites/rita.dot.gov.bts/files/subject_areas/statistical_policy_and_research/data_quality_guidelines/html/guidelines.html.

How can I be sure that my comments were received?

    If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.

How do I submit confidential business information?

    If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, NHTSA, at 1200 New Jersey
Avenue SE., West Building, Washington, DC 20590. In addition, you
should submit two copies, from which you have deleted the claimed
confidential business information, to Docket Management at the address
given above under ADDRESSES. When you send a comment containing
information claimed to be confidential business information, you should
include a cover letter setting forth the information specified in our
confidential business information regulation. (49 CFR part 512)

Will the agency consider late comments?

    We will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent possible, we will also consider
comments that Docket Management receives after that date.

How can I read the comments submitted by other people?

    You may read the comments received by Docket Management at the
address given above under ADDRESSES. The hours of the Docket are
indicated above in the same location. You may also see the comments on
the Internet. To read the comments on the Internet, go to http://www.regulations.gov. Follow the online instructions for accessing the
dockets.
    Please note that even after the comment closing date, we will
continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
we recommend that you periodically check the Docket for new material.

Privacy Act

    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000, (65 FR 19477) or you may visit http://www.dot.gov/privacy.html.

    Issued on: January 9, 2014 in Washington, DC, under authority
delegated in 49 CFR 1.95.
Frank Borris,
Director, Office of Defects Investigation, Office of Enforcement.
[FR Doc. 2014-00640 Filed 1-15-14; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 77, Number 23 (Friday, February 3, 2012)]
[Notices]
[Pages 5508-5509]
[FR Doc No: 2012-2451]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Order on Intent To Revoke Market-Based Rate Authority

Issued January 31, 2012.

Before Commissioners: Jon Wellinghoff, Chairman; Philip D. Moeller,
John R. Norris, and Cheryl A. LaFleur.

    In the matter of: ER02-2001-017, Electric Quarterly Reports,
ER07-491-000, Acacia Energy, Inc., ER07-155-000, LBPC Power, Inc.,
ER01-2311-000, Nordic Energy, L.L.C., ER03-888-000, Nordic Marketing
of Illinois, L.L.C., ER04-264-000, Nordic Marketing of Michigan,
L.L.C., ER00-774-000, Nordic Marketing, L.L.C., ER07-594-000, Pirin
Solutions, Inc., ER95-581-000, Tennessee Power Company.

    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d
(2006), and 18 CFR part 35 (2011), require, among other things, that
all rates, terms, and conditions of jurisdictional services be filed
with the Commission. In Order No. 2001, the Commission revised its
public utility filing requirements and established a requirement for
public utilities, including power marketers, to file Electric Quarterly
Reports summarizing the contractual terms and conditions in their
agreements for all jurisdictional services (including market-based
power sales, cost-based power sales, and transmission service) and
providing transaction information (including rates) for short-term and
long-term power sales during the most recent calendar quarter.\1\
---------------------------------------------------------------------------

    \1\ Revised Public Utility Filing Requirements, Order No. 2001,
FERC Stats. & Regs. ] 31,127, reh'g denied, Order No. 2001-A, 100
FERC ] 61,074, reconsideration and clarification denied, Order No.
2001-B, 100 FERC ] 61,342, order directing filings, Order No. 2001-
C, 101 FERC ] 61,314 (2002), order directing filings, Order No.
2001-D, 102 FERC ] 61,334 (2003).
---------------------------------------------------------------------------

    2. Commission staff's review of the Electric Quarterly Report
submittals indicates that eight public utilities with authority to sell
electric power at market-based rates have failed to file their Electric
Quarterly Reports. This order notifies these public utilities that
their market-based rate authorizations will be revoked unless they
comply with the Commission's requirements within 15 days of the date of
issuance of this order.
    3. In Order No. 2001, the Commission stated that,
    [i]f a public utility fails to file a[n] Electric Quarterly Report
(without an appropriate request for extension), or fails to report an
agreement in a report, that public utility may forfeit its market-based
rate authority and may be required to file a new application for
market-based rate authority if it wishes to resume making sales at
market-based rates.\2\
---------------------------------------------------------------------------

    \2\ Order No. 2001, FERC Stats & Regs. ] 31,127 at P 222.
---------------------------------------------------------------------------

    4. The Commission further stated that,
    [o]nce this rule becomes effective, the requirement to comply with
this rule will supersede the conditions in public utilities' market-
based rate authorizations, and failure to comply with the requirements
of this rule will subject public utilities to the same consequences
they would face for not satisfying the conditions in their rate
authorizations, including possible revocation of their authority to
make wholesale power sales at market-based rates.\3\
---------------------------------------------------------------------------

    \3\ Id. P 223.
---------------------------------------------------------------------------

    5. Pursuant to these requirements, the Commission has revoked the
market-based rate tariffs of several market-based rate sellers that
failed to submit their Electric Quarterly Reports.\4\
---------------------------------------------------------------------------

    \4\ See, e.g., Electric Quarterly Reports, 75 FR 63,468 (Oct.
15, 2010); Electric Quarterly Reports, 75 FR 45,111 (Aug. 2, 2010).
---------------------------------------------------------------------------

    6. As noted above, Commission staff's review of the Electric
Quarterly Report submittals identified eight public utilities with
authority to sell power at market-based rates that failed to file
Electric Quarterly Reports.\5\ Commission staff contacted these
entities to remind them of their regulatory obligations.\6\ Despite
these reminders, the eight public utilities listed in the caption of
this order have not met these obligations. Accordingly, this order
notifies these public utilities that their market-based rate
authorizations will be revoked unless they comply with the Commission's
requirements within 15 days of the issuance of this order.
---------------------------------------------------------------------------

    \5\ According to the Commission's records, the companies subject
to this order last filed their Electric Quarterly Reports in the
quarters and years shown below:
    Respondent and Last Quarter Filed
    Acacia Energy, Inc.--2010, Quarter 1
    LBPC Power, Inc.--2010, Quarter 1
    Nordic Energy, L.L.C.--2010, Quarter 2
    Nordic Marketing of Illinois, L.L.C.--2010, Quarter 2
    Nordic Marketing of Michigan, L.L.C.--2010, Quarter 2
    Nordic Marketing, L.L.C.--2010, Quarter 2
    Pirin Solutions, Inc.--2010, Quarter 1
    Tennessee Power Company--2010, Quarter 1
    \6\ See Acacia Energy, Inc., Docket No. ER07-491-000 (Aug. 18,
2011) (unpublished letter order); LBPC Power, Inc., Docket No. ER07-
155-000 (Aug. 18, 2011) (unpublished letter order); Nordic Energy,
L.L.C., Docket No. ER01-2311-000 (Aug. 18, 2011) (unpublished letter
order); Nordic Marketing of Illinois, L.L.C., Docket No. ER03-888-
000 (Aug. 18, 2011) (unpublished letter order); Nordic Marketing of
Michigan, L.L.C., Docket No. ER04-264-000 (Aug. 18, 2011)
(unpublished letter order); Nordic Marketing, L.L.C., Docket No.
ER00-774-000 (Aug. 18, 2011) (unpublished letter order); Pirin
Solutions, Inc., Docket No. ER07-594-000 (Aug. 18, 2011)
(unpublished letter order); Tennessee Power Company, Docket No.
ER95-581-000 (Aug. 18, 2011) (unpublished letter order).
---------------------------------------------------------------------------

    7. In the event that any of the above-captioned market-based rate
sellers has already filed its Electric Quarterly Reports in compliance
with the Commission's requirements, its inclusion herein is
inadvertent. Such market-based rate seller is directed, within 15 days
of the date of issuance of this order, to make a filing with the
Commission identifying itself and providing details about its prior
filings that establish that it complied with the Commission's Electric
Quarterly Report filing requirements.
    8. If any of the above-captioned market-based rate sellers do not
wish to continue having market-based rate authority, they may file a
notice of cancellation with the Commission pursuant to section 205 of
the FPA to cancel their market-based rate tariff.
The Commission orders:
    (A) Within 15 days of the date of issuance of this order, each
public utility listed in the caption of this order shall file with the
Commission all delinquent Electric Quarterly Reports. If a public
utility subject to this order fails to make these filings, the
Commission will revoke that public utility's authority to sell power at
market-based rates and will terminate its electric market-based rate
tariff. The Secretary is hereby directed, upon expiration of the filing
deadline in this order, to promptly issue a notice, effective on the
date of

issuance, listing the public utilities whose tariffs have been revoked
for failure to comply with the requirements of this order and the
Commission's Electric Quarterly Report filing requirements.
    (B) The Secretary is hereby directed to publish this order in the
Federal Register.

    By the Commission.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-2451 Filed 2-2-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 12 (Tuesday, January 20, 2015)]
[Notices]
[Pages 2702-2703]
[FR Doc No: 2015-00768]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2014-0549; FRL-9921-24-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Application for Reimbursement to Local
Governments for Emergency Response to Hazardous Substance Releases
Under CERCLA, Section 123 (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``Application for Reimbursement
to Local Governments for Emergency Response to Hazardous Substance
Releases Under CERCLA, section 123 (Renewal)'' (EPA ICR No. 1425.10,
OMB Control No. 2050-0077) to the Office of Management and Budget (OMB)
for review and approval in accordance with the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR,
which is currently approved through January 31, 2015. Public comments
were previously requested via the Federal Register (79 FR 45189) on Aug
4, 2014, 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 not conduct or 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 February 19,
2015.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
SFUND-2014-0549, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    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.

FOR FURTHER INFORMATION CONTACT: Lisa Boynton, Office of Solid Waste
and Emergency Response, Office of Emergency Management, Mail Code
5104A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-8729; email address<EMAIL_ADDRESS>
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
www.regulations.gov or in person at the EPA Docket Center, William
Jefferson Clinton West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. The telephone number for the Docket Center is 202-566-
1744. For additional information about EPA's public docket, visit
http://www.epa.gov/dockets.
    Abstract: The Agency requires applicants for reimbursement under
this program authorized under Section 123 of CERCLA to submit an
application that demonstrates consistency with program eligibility
requirements. This is necessary to ensure proper use of the Superfund.
EPA reviews the information to ensure compliance with all statutory and
program requirements. The applicants are local governments who have
incurred expenses, above and beyond their budgets, for hazardous
substance response. Submission of this information is voluntary and to
the applicant's benefit.
    Form Numbers: 9310-1.
    Respondents/affected entities: Local governments.
    Respondent's obligation to respond: Voluntary (CERCLA Section 123).
    Estimated number of respondents: 30 (total).
    Frequency of response: On occasion.
    Total estimated burden: 270 hours (per year). Burden is defined at
5 CFR 1320.3(b)
    Total estimated cost: $4,995 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in the Estimates: There is a decrease of 270 hours in the
total estimated respondent burden compared with the ICR currently
approved by OMB. This decrease is due to the

number of respondents reducing from 60 to 30.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2015-00768 Filed 1-16-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 29, 2010 (Volume 75, Number 59)]
[Rules and Regulations]
[Page 15348-15352]
[DOCID:fr29mr10-9]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2007-0526; FRL-9130-8]

Approval and Promulgation of Air Quality Implementation Plans;
Texas; Revision To Control Volatile Organic Compound Emissions in the
Houston/Galveston/Brazoria 8-Hour Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Texas State Implementation Plan (SIP). The revision
adds additional requirements to control volatile organic compound (VOC)
emissions from storage tanks, transport vessels and marine vessels in
the Houston/Galveston/Brazoria (HGB) 1997 8-hour ozone nonattainment
area, which consists of Brazoria, Chambers, Fort Bend, Galveston,
Harris, Liberty, Montgomery and Waller counties. Specifically, this
revision subjects owners or operators of VOC storage tanks, transport
vessels, and marine vessels located in the HGB 1997 8-hour ozone
nonattainment area to more stringent control, monitoring, and
recordkeeping requirements. EPA is approving the SIP revision because
it will help lower ozone levels in the HGB area by reducing VOC
emissions. EPA is approving the revision pursuant to section 110 and
part D of the Clean Air Act (CAA).

DATES: This direct final rule will be effective May 28, 2010 without
further notice unless EPA receives relevant adverse comments by April
28, 2010. If adverse comments are received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2007-0526, by one of the following methods:
     Federal e-Rulemaking Portal: http:// www.regulations.gov.
     Follow the online instructions for submitting comments.
     EPA Region 6 ``Contact Us'' Web site: http://epa.gov/
region6/r6coment.htm. Please click on ``6PD (Multimedia)'' and select
``Air'' before submitting comments.
     E-mail: Mr. Guy Donaldson at<EMAIL_ADDRESS>Please
also send a copy by e-mail to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number<PHONE_NUMBER>.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays, and not
on legal holidays. Special arrangements should be made for deliveries
of boxed information.
    Instructions: Direct your comments to Docket No. EPA-R06-OAR-2007-
0526. 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 docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill Deese at<PHONE_NUMBER> to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a 15 cent per page
fee for making photocopies of documents. On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection during
official business hours, by appointment, at the Texas Commission on
Environmental Quality, Office of Air Quality, 12124 Park 35 Circle,
Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Carl Young, Air Planning Section (6PD-
L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite
700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>; fax number 214-
665-7263; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'',
``us'', or ``our'' is used, we mean the EPA.

Outline

I. What Action Is EPA Taking?
II. What Is a SIP?
III. What Is the Background for This Action?

IV. What Is EPA's Evaluation of the Revision?
V. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    We are approving a revision to the Texas SIP that adds additional
requirements to control VOC emissions from storage tanks, transport
vessels and marine vessels in the HGB area, which consists of Brazoria,
Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller
counties. The revision was adopted by the State of Texas on May 23,
2007 and submitted to EPA on June 13, 2007. The revision amended Title
30 of the Texas Administrative Code, Chapter 115 (30 TAC 115) by adding
a new section 115.110 (Definitions) and revising sections 115.112-
115.117, 115.119, 115.541-115.547 and 115.549. The revision requires
that tanks and vessels in the HGB area store volatile organic liquids
at petroleum refineries, chemical plants, gasoline storage terminals,
bulk terminals, pipeline breakout stations, and oil and natural gas
production sites under additional controls.
    Specifically, for the HGB area the revision requires:
     More stringent controls for tank fittings on floating roof
tanks and restrictions on floating roof tank landings;
     Control of VOC flash emissions from crude oil and
condensate storage tanks at oil and gas exploration and production
sites and pipeline breakout stations with uncontrolled flash emissions
greater than 25 tons per year;
     Control of VOC emissions from the degassing of storage
tanks with a nominal capacity of 250,000 gallons or more, or with a
nominal capacity of 75,000 gallons or more storing liquids with a true
vapor pressure greater than 2.6 pounds per square inch absolute (psia);
     Control and monitoring of degassing vapors from storage
vessels, transport vessels, and marine vessels; and
     Recordkeeping to validate compliance.
    For more information on the requirements please see our Technical
Support Document (TSD) found in the electronic docket or 30 TAC 115,
Subchapter B, Division 1 (Storage of Volatile Organic Compounds) and
Subchapter F, Division 3 (Degassing or Cleaning of Stationary, Marine
and Transport Vessels). The electronic docket can be found at the Web
site http://www.regulations.gov (Docket number EPA-R06-OAR-2007-0526).
    Control of VOC emissions will help the area reduce ambient levels
of ozone. Our approval will make the revised regulations federally
enforceable. We are approving the revision pursuant to section 110 and
part D of the CAA and EPA's regulations.
    We are publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no relevant adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on May 28, 2010
without further notice unless we receive relevant adverse comment by
April 28, 2010. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, we may
adopt as final those provisions of the rule that are not the subject of
an adverse comment.

II. What Is a SIP?

    Section 110 of the CAA requires states to develop air pollution
regulations and control strategies to ensure that air quality meets the
national ambient air quality standards (NAAQS) established by EPA.
NAAQS are established under section 109 of the CAA and currently
address six criteria pollutants: Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide.
    A SIP is a set of air pollution regulations, control strategies,
other means or techniques, and technical analyses developed by the
state, to ensure that the state meets the NAAQS. It is required by
section 110 and other provisions of the CAA. A SIP protects air quality
primarily by addressing air pollution at its point of origin. A SIP can
be extensive, containing state regulations or other enforceable
documents, and supporting information such as emissions inventories,
monitoring networks, and modeling demonstrations. Each state must
submit regulations and control strategies to EPA for approval and
incorporation into the federally-enforceable SIP.

III. What Is the Background for This Action?

    Inhaling ozone, even at low levels, can trigger a variety of health
problems including chest pains, coughing, nausea, throat irritation,
and congestion. It can also worsen bronchitis and asthma, and reduce
lung capacity. VOCs and oxides of nitrogen (NOx) are known
as ``ozone precursors'', as they react with oxygen and sunlight to form
ozone. Motor vehicle exhaust and industrial emissions, gasoline vapors
and chemical solvents emit VOC and NOx. Controlling sources
of VOC and NOx emissions can lower ozone levels in the
ambient air.
    On July 18, 1997, we promulgated an 8-hour ozone standard of 0.08
parts per million (ppm), which is more protective than the previous 1-
hour ozone standard (62 FR 38855).\1\ On April 30, 2004, we published
designations and classifications for the 1997 8-hour ozone standard (69
FR 23858). The HGB area, which consists of Brazoria, Chambers, Fort
Bend, Galveston, Harris, Liberty, Montgomery and Waller counties was
classified as a moderate ozone nonattainment area, with an attainment
date no later than June 15, 2010. On October 1, 2008, at the request of
the Governor of Texas, we reclassified the area as a severe ozone
nonattainment area with an attainment date no later than June 15, 2019
(73 FR 56983).
---------------------------------------------------------------------------

    \1\ EPA issued revised 8-hour ozone standards on March 27, 2008
(73 FR 16436) and proposed to set different standards on January 19,
2010 (75 FR 2938). This process is ongoing and does not affect EPA's
action here.
---------------------------------------------------------------------------

    The State of Texas found that certain types of VOC storage tank
emissions, including degassing, flash, and floating roof landing loss
emissions, have been unreported or underreported in the HGB area. The
State revised the VOC control regulations in the SIP to help reduce
emissions from these sources in the HGB area. The revision to the SIP
was adopted by the State on May 23, 2007 and submitted it to EPA on
June 13, 2007.

IV. What Is EPA's Evaluation of the Revision?

    We have evaluated the Chapter 115 revision and find they enhance
the SIP by reducing emissions from VOC storage tanks, transport vessels
and marine vessels in the HGB area. We have reached this conclusion
because these revisions for the HGB area require additional controls on
VOC emissions from these sources. By lowering VOC emissions, these
rules will help lower ozone levels in the HGB area. In addition, these
revisions improve rules that EPA previously approved (73 FR

10383, February 27, 2008) as meeting the Reasonably Available Control
Technology of the Clean Air Act. Therefore, we are finding that these
rules continue to implement RACT for this source category. For a
discussion of the rules and how the rules improve the SIP see the
technical support document for this action. For more information on our
evaluation, please see our TSD found in the electronic docket.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 28, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action 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, Intergovernmental relations, Nitrogen oxides, Ozone,
Volatile organic compounds.

    Dated: March 12, 2010.
Al Armendariz,
Regional Administrator, Region 6.

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 SS--Texas

0
2. The table in Sec.  52.2270(c) entitled ``EPA Approved Regulations in
the Texas SIP'' under Chapter 115 (Reg 5) is amended by:
0
a. Adding an entry for Section 115.110 under Subchapter B, Division 1,
in numerical order.
0
b. Revising the entries for Sections 115.112-115.117 and 115.119 under
Subchapter B, Division 1.
0
c. Revising the entries for Sections 115.541-115.547 and 115.549 under
Subchapter F, Division 3.
    The revisions and additions read as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                                        EPA-Approved Regulations in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  State approval/
          State citation                    Title/subject         submittal date           EPA approval date                      Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Chapter 115 (Reg 5)--Control of Air Pollution from Volatile Organic Compounds
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Subchapter B--General Volatile Organic Compound Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Division 1. Storage of Volatile Organic Compounds
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 115.110...................  Definitions.................       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                                                                where document begins].
Section 115.112...................  Control Requirements........       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                                                                where document begins].
Section 115.113...................  Alternate Control                  5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                     Requirements.                                 where document begins].
Section 115.114...................  Inspection Requirements.....       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                                                                where document begins].
Section 115.115...................  Approved Test Methods.......       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                                                                where document begins].
Section 115.116...................  Monitoring and Recordkeeping       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                     Requirements.                                 where document begins].
Section 115.117...................  Exemptions..................       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                                                                where document begins].
Section 115.119...................  Counties and Compliance            5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                     Schedules.                                    where document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Subchapter F--Miscellaneous Industrial Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Division 3: Degassing or Cleaning of Stationary, Marine, and Transport Vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 115.541...................  Emission Specifications.....       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                                                                where document begins].
Section 115.542...................  Control Requirements........       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                                                                where document begins].
Section 115.543...................  Alternate Control                  5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                     Requirements.                                 where document begins].
Section 115.544...................  Inspection Requirements.....       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                                                                where document begins].
Section 115.545...................  Approved Test Methods.......       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                                                                where document begins].
Section 115.546...................  Monitoring and Recordkeeping       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                     Requirements.                                 where document begins].
Section 115.547...................  Exemptions..................       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                                                                where document begins].
Section 115.549...................  Counties and Compliance            5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                     Schedules.                                    where document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

[FR Doc. 2010-6795 Filed 3-26-10; 8:45 am]
BILLING CODE 6560-50-P