	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA- R03-OAR-2007-0522; FRL-         ]

	Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Major New Source Review for Nonattainment Areas

AGENCY:	Environmental Protection Agency (EPA).

ACTION:	Final rule.

SUMMARY:  EPA is granting limited approval of a State Implementation
Plan (SIP) revision submitted by the Commonwealth of Virginia.  This
revision action establishes the limited approval of a State
Implementation Plan (SIP) revision submitted by the Commonwealth of
Virginia on February 12, 2007.  The intended effect of this action is to
grant limited approval of the September 1, 2006 regulatory amendments to
Virginia’s existing new source review permit program for owners of
sources located or locating in new source review nonattainment areas.
 This action is also providing full approval of a related SIP revision
submitted by the Commonwealth on December 16, 2003, pertaining to
amendments made to Virginia’s existing nonattainment new source review
permit program at that time.   This action is being taken under the
Clean Air Act (CAA or the Act).

EFFECTIVE DATE:  This final rule is effective on [insert date 30 days
from date of publication].

ADDRESSES:  EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0522.  All documents in the docket are listed in
the www.regulations.gov website.   Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute.  Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form.  Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103.  Copies of the State
submittal are available at the Virginia Department of Environmental
Quality, 629 East Main Street, Richmond, Virginia, 23219.

FOR FURTHER INFORMATION CONTACT:  Sharon McCauley,<PHONE_NUMBER>, or by
e-

mail at<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I.	Background

On June 27, 2008 (73 FR 36477), EPA published a notice of proposed
rulemaking (NPR)

proposing limited approval of amendments to Virginia’s existing new
source review permit

program for owners of sources located or locating in nonattainment new
source review (NNSR)

areas, as submitted to EPA as revisions to the Virginia SIP on February
12, 2007 and approval of

certain other amendments to Virginia regulations submitted to EPA on
December 16, 2003.

The February 12, 2007 SIP revision submission consisted of amendments to
Legislative Rules 9

VAC 5 Chapter 50, Article 4 – Stationary Sources and 9 VAC 5 Chapter
80, Article 9 - Permits

for Construction and Major Modification of Major Stationary Sources of
Air Pollution which

Cause or Contribute to Nonattainment.  These rules were adopted by the
Commonwealth of

Virginia State Air Pollution Control Board on June 21, 2006 and became
effective September 1,

2006.  The December 16, 2003 SIP revision submission consisted of
additional amendments to

Legislative Rule 9 VAC Chapter 80, Article 9 – Permits for
Construction and Major

Modification of Major Stationary Sources of Air Pollution which Cause or
Contribute to

Nonattainment.

In this action, EPA is granting limited approval of the February 12,
2007 amendments to Chapter

50, Article 4 and Chapter 80, Article 9, as well as full approval of the
December 16, 2003

amendments to Chapter 80, Article 9.   Virginia also submitted changes
to 9 VAC Chapter 80,

Article 6 – Permits for New and Modified Stationary Sources as part of
the February 12, 2007

SIP revision.  However, as stated in the NPR, EPA is not taking any
action on Chapter 80,

Article 6 at this time.

Summary of SIP Revision

Why is Virginia changing its NSR program?

In its December 2002 regulatory action, EPA changed many aspects of the
regulations governing

the PSD and nonattainment NSR programs, collectively referred to as
“NSR”.  Virginia accepted

the conceptual framework of EPA’s NSR reform revisions but tailored
the program to their State-

specific objectives.  Virginia’s regulations differ in some respects
from EPA’s regulations.

However, these differences are not significant.  EPA has concluded that
Virginia’s regulations

conform to the minimum program elements in 40 CFR 51.165 despite some
variations in their

rules from the federal program. Notable variations were described in the
proposal action and

will not be restated here.

Limited Approval

Why is EPA granting only “limited approval” of Virginia’s NSR
regulations, effective September 1, 2006 for Nonattainment NSR areas?

Virginia’s regulation 9 VAC 5-80-2010 added a new definition for
“baseline actual emissions” to

reflect changes to the NSR program found in the 2002 Federal NSR Reform
rule.   Virginia’s

definition for “baseline actual emissions” varies from the Federal
definition at 40 CFR

51.166(b)(47) in two ways.  First, for both electric generating units
(EGUs) and non-EGUs,

Virginia’s rule allows the use of different baselines for different
pollutants if the owner can

demonstrate to the satisfaction of the State Air Pollution Control Board
(Board) that a different

baseline period for a different pollutant(s) is more appropriate due to
extenuating circumstances.

This is acceptable to EPA.

However, for non-EGUs, the 24-month baseline period must occur within
the five-year period

preceding the date the owner begins actual construction or the permit
application is deemed

complete, whichever is earlier, unless the Board allows a different time
period that it deems is

more representative of normal source operations.  Allowing a more
representative period by the

Board is acceptable, however, the Commonwealth’s regulations could be
interpreted to allow this

period to be established beyond the 10-year time period allowed in the
Federal NSR Reform rule.

As described in our June 27 proposed rule the Virginia regulations meet
the general Federal

criteria for expanding the lookback period beyond the old requirement of
the most recent 24-

month period, and in this respect are consistent with Federal
requirements.

EPA is granting limited approval because the language of the regulation
does not limit the look-

back period to the Federally mandated 10 years.  Virginia has
represented to EPA that the

regulation was not intended to allow sources to extend the look-back
period beyond 10 years.

EPA would look unfavorably upon any use of discretion by Virginia that
would allow for

baselines that exceed a 10-year lookback period.  EPA expects Virginia
to correct the definition

at 9 VAC 5-80-2010 by limiting the discretionary lookback period to 10
years.  When Virginia

makes this amendment, they may submit the revised regulation for
consideration for full approval

of the Nonattainment NSR program.

Despite the fact that the Virginia nonattainment new source review
regulations may literally be

construed to allow for a source to look beyond the 10 years prescribed
by the Federal regulations,

the Virginia regulations nevertheless will strengthen the Virginia SIP.

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

In 1995, Virginia adopted legislation that provides, subject to certain
conditions, for an environmental assessment (audit) “privilege” for
voluntary compliance evaluations performed by a regulated entity.  The
legislation further addresses the relative burden of proof for parties
either asserting the privilege or seeking disclosure of documents for
which the privilege is claimed.  Virginia's legislation also provides,
subject to certain conditions, for a penalty waiver for violations of
environmental laws when a regulated entity discovers such violations
pursuant to a voluntary compliance evaluation and voluntarily discloses
such violations to the Commonwealth and takes prompt and appropriate
measures to remedy the violations.  Virginia's Voluntary Environmental
Assessment Privilege Law, Va. Code Sec. 10.1-1198, provides a privilege
that protects from disclosure documents and information about the
content of those documents that are the product of a voluntary
environmental assessment. The Privilege Law does not extend to documents
or information (1) that are generated or developed before the
commencement of a voluntary environmental assessment; (2) that are
prepared independently of the assessment process; (3) that demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) that are required by law.

On January 12, 1998, the Commonwealth of Virginia Office of the Attorney
General provided a legal opinion that states that the Privilege law, Va.
Code Sec. 10.1-1198,  precludes granting a privilege to documents and
information “required by law,” including documents and information
“required by Federal law to maintain program delegation, authorization
or approval,” since Virginia must (enforce Federally authorized
environmental programs in a manner that is no less stringent than their
Federal counterparts. . . .”   The opinion concludes that
“[r]egarding ( 10.1-1198, therefore, documents or other information
needed for civil or criminal enforcement under one of these programs
could not be privileged because such documents and information are
essential to pursuing enforcement in a manner required by Federal law to
maintain program delegation, authorization or approval.”

Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that “[t]o
the extent consistent with requirements imposed by Federal law,”  any
person making a voluntary disclosure of information to a state agency
regarding a violation of an environmental statute, regulation, permit,
or administrative order is granted immunity from administrative or civil
penalty.  The Attorney General's January 12, 1998 opinion states that
the quoted language renders this statute inapplicable to enforcement of
any Federally authorized programs, since “no immunity could be
afforded from administrative, civil, or criminal penalties because
granting such immunity would not be consistent with Federal law, which
is one of the criteria for immunity.”

Therefore, EPA has determined that Virginia's Privilege and Immunity
statutes will not preclude the Commonwealth from enforcing its NSR
program consistent with the Federal requirements.  In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort.  In addition, citizen
enforcement under section 304 of the Clean Air Act is likewise
unaffected by this, or any, state audit privilege or immunity law.

Other specific requirements of this SIP revision and the rationale for
EPA's proposed action are explained in the NPR and will not be restated
here.  No public comments were received on the NPR.

V.  Final Action

EPA has determined that those regulatory amendments to the nonattainment
NSR program at Chapter 50, Article 4 and Chapter 80, Article 9 that were
submitted on February 12, 2007 are being granted limited approval as
noted in Section III above.  EPA has also determined that the regulatory
amendments to the nonattainment NSR permit program at Chapter 80,
Article 9, as submitted on December 16, 2003 are fully approvable.
EPA has determined that these regulatory revisions meet the minimum
requirements of 40 CFR 51.165 and the Clean Air Act.

VI. Statutory and Executive Order Reviews

A.  General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action
is not a "significant regulatory action" and therefore is not subject to
review by the Office of Management and Budget.  For this reason, this
action is also not subject to Executive Order 13211, "Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use" (66 FR 28355, May 22, 2001).  This action merely approves state law
as meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law.  Accordingly, the Administrator
certifies that this rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).  Because this rule approves pre-existing
requirements under state law and does not impose any additional

enforceable duty beyond that required by state law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(Public Law 104-4).   This rule also does not have tribal implications

because it will not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).  This action also
does not have Federalism implications because it does not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999).  This
action merely approves a state rule implementing a Federal requirement,
and does not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act.  This rule also is
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because it approves a state rule implementing a Federal standard.

In reviewing SIP submissions, EPA(s role is to approve state choices,
provided that they meet the criteria of the Clean Air Act.  In this
context, in the absence of a prior existing requirement for the State to
use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP

submission for failure to use VCS.  It would thus be inconsistent with
applicable law for EPA, when it reviews a SIP submission, to use VCS in
place of a SIP submission that otherwise satisfies the provisions of the
Clean Air Act.  Thus, the requirements of section 12(d) of the

National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply.  This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).

B.   Submission to Congress and the Comptroller General

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

C.  Petitions for Judicial Review

Under section 307(b)(1) of the 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 [insert date 60 days from date of
publication of this document in the Federal Register].  Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial

review may be filed, and shall not postpone the effectiveness of such
rule or action.  This action granting limited approval of the Virginia
nonattainment new source review program for sources locating or located
in nonattainment areas 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

October 9, 2008
____________/s/_______________

Dated:                            				William T. Wisniewski,
                    								Acting Regional Administrator,

                                  					Region III.

40 CFR Part 52 is amended as follows:

PART 52 - [AMENDED]

1.  The authority citation for 40 CFR part 52 continues to read as
follows:

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

Subpart VV ( Virginia

2.  In ( 52.2420, the table in paragraph (c) is amended by:

 a. Revising the existing entry for 5-50-270.

 b. Revising the existing entries for 5-80-2000 through 5-80-2090,
5-80-2100 through 5-80-2140, and 5-80-2150 through 5-80-2190.

 c. Adding new entries for 5-80-2091, 5-80-2144, 5-80-2200, 5-80-2210,
5-80-2220, 5-80-2230 and 5-80-2240.

 d. Removing the existing entries for 5-80-2100 and 5-80-2160.

The amendments read as follows:

( 52.2420  	Identification of plan.

*	*	*	*	*

 (c) * * *

	EPA-APPROVED REGULATIONS IN THE VIRGINIA SIP

State citation

(9 VAC 5 Chapter 80)

Title/subject

State effective date

EPA approval date

Explanation

[former SIP citation]

*******

Chapter 50

Article 4  Standards of Performance for Stationary Sources (Rule 5-4)

*   *   *   *    *    *    *

5-50-270 	Standards for Major Stationary Sources (Nonattainment Areas)
9/1/06	[Insert Federal Register publication date] [Insert page number
where the document begins]

	Changes “Qualifying” pollutant” to “Regulated NSR”
pollutant”

Limited Approval

*   *   *   *    *    *    *

Chapter 80

Article 9, Permits for Major Stationary Sources and Major Modifications
Locating in Nonattainment Areas

5-80-2000	Applicability	5/1/02

9/1/06

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	Limited Approval of 9/1/06 amendments

5-80-2010	Definitions	5/1/02

9/1/06

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	Limited Approval of 9/1/06 amendments

5-80-2020	General	5/1/02  9/1/06	[Insert Federal Register publication
date] [Insert page number where the document begins]

	Limited Approval of 9/1/06 amendments

5-80-2030	Applications	5/1/02  9/1/06	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Limited Approval of 9/1/06 amendments

5-80-2040	Application information required	5/1/02

9/1/06

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	Limited Approval of 9/1/06 amendments

5-80-2050

	Standards and conditions for granting permits	5/1/02

9/1/06

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	Limited Approval of 9/1/06 amendments

5-80-2060	Action on permit applications	5/1/02

9/1/06

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	Limited Approval of 9/1/06 amendments

5-80-2070	Public participation	5/1/02

9/1/06

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	Limited Approval of 9/1/06 amendments

5-80-2080	Compliance determination and verification by performance
testing	5/1/02

9/1/06

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	Limited Approval of 9/1/06 amendments

5-80-2090	Application review and analysis	5/1/02

9/1/06

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	Limited Approval of 9/1/06 amendments

5-80-2091	Source Obligation	9/1/06	[Insert Federal Register publication
date] [Insert page number where the document begins]

	New

Limited Approval

5-80-2110	Interstate Pollution Abatement	5/1/02

9/1/06

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	Limited Approval of 9/1/06 amendments

5-80-2120	Offsets	5/1/02

9/1/06

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	Limited Approval of 9/1/06 amendments

5-80-2130	De minimus increases and stationary source modification
alternatives for ozone nonattainment areas classified as serious or
severe in 9 VAC 5-20-204	5/1/02

9/1/06

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	Limited Approval of 9/1/06 amendments

5-80-2140	Exception	5/1/02

9/1/06	[Insert Federal Register publication date] [Insert page number
where the document begins]

	Limited Approval of 9/1/06 amendments

5-80-2144	Actuals plantwide applicability limits (PALs)	9/1/06	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	New

Limited Approval

5-80-2150	Compliance with local zoning requirements	5/1/02

9/1/06

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	Limited Approval of 9/1/06 amendments

5-80-2170	Transfer of permits	5/1/02

9/1/06

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	Limited Approval of 9/1/06 amendments

5-80-2180	Permit invalidation, revocation and enforcement	5/1/02

9/1/06

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	Limited Approval of 9/1/06 amendments

5-80-2190	Existence of permit no defense	5/1/02

9/1/06

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	Limited Approval of 9/1/06 amendments

5-80-2200	Changes to permits	5/1/02

9/1/06

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	New

Limited Approval of 9/1/06 amendments

5-80-2210	Administrative permit amendments	5/1/02

9/1/06

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	New

Limited Approval of 9/1/06 amendments

5-80-2220	Minor permit amendments	5/1/02

9/1/06

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	New

Limited Approval of 9/1/06 amendments

5-80-2230	Significant amendment procedures	5/1/02

9/1/06

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	New

Limited Approval of 9/1/06 amendments

5-80-2240	Reopening for cause	5/1/02

9/1/06

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	New

Limited Approval of 9/1/06 amendments

*   *   *   *    *    *    *

*****

 PAGE

 PAGE  11


[Federal Register Volume 77, Number 47 (Friday, March 9, 2012)]
[Notices]
[Pages 14360-14361]
[FR Doc No: 2012-5771]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9001-9]

Environmental Impacts Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information,<PHONE_NUMBER> or http://www.epa.gov/compliance/nepa/.

Weekly receipt of Environmental Impact Statements.
Filed 02/27/2012 Through 03/02/2012.
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

EIS No. 20120053, Final EIS, BR, CO, Aspinall Unit Operations--Colorado
River Storage Project, Modifying Water Flow Operations, Implementation,
Gunnison River, Gunnison, Montrose, Delta, and Mesa Counties, CO,
Review Period Ends: 04/09/2012, Contact: Steve McCall,<PHONE_NUMBER>.

EIS No. 20120054, Final EIS, FHWA, NC, US-1 Transportation
Improvements, Updated Information, from Sandhill Road (NC 1971) to just
North of Fox Road (NC 1606) to Martson Road (NC 1001), Funding, and COE
Section 404 Permit, City of Rockingham, Richmond County, NC, Review
Period Ends: 04/09/2012, Contact: John F. Sullivan, III,<PHONE_NUMBER>.
EIS No. 20120055, Final EIS, USACE, LA, I-12 to Bush, Louisiana
Proposed Highway Project, Proposes to Construct a High-Speed, Four-Lane
Arterial Highway from the Southern Terminus of LA-21 to I-12, St.
Tammany Parish, LA, Review Period Ends: 04/09/2012, Contact: James A.
Barlow,<PHONE_NUMBER>.
EIS No. 20120056, Final EIS, USFS, AK, Ketchikan--Misty Fiords
Outfitter and Guide Management Plan, Authorizes Outfitter and Guide
Operations through the Issuance of Special Use Permit, Tongass National
Forest, Ketchikan-Misty Ranger District, Ketchikan, AK, Review Period
Ends: 04/09/2012, Contact: Susan Jennings,<PHONE_NUMBER>.
EIS No. 20120057, Final EIS, BPA, WA, Mid-Columbia Coho Restoration
Program, Proposal to Fund the Construction, Operation, and Maintenance
of the Program to help Mitigate for Anadromous Fish, Okanogan County,
WA, Review Period Ends: 04/09/2012, Contact: Nancy Weintraub, 503-230-
5373.
EIS No. 20120058, Final EIS, NRC, NC, GE-Hitachi Global Laser
Enrichment LLC Facility, Issuance of License to Construct, Operate, and
Decommission a Laser-Based Uranium Enrichment Facility, Wilmington, NC,
Review Period Ends: 04/09/2012, Contact: Jennifer A. Davis, 301-415-
3835.
EIS No. 20120059, Final EIS, USFS, SD, Section 30 Limestone Mining
Project, Proposal to Implement Mining Actions, Mystic Ranger District,
Black Hills National Forest, Rapid City, Pennington County, SD, Review
Period Ends: 04/09/2012, Contact: Robert J. Thompson,<PHONE_NUMBER>.
EIS No. 20120060, Draft EIS, USFWS, 00, Experimental Removal of Barred
Owls to Benefit Threatened Northern Spotted Owls, Issuance of Permits,
Implementation, OR, WA, and CA, Comment Period Ends: 06/06/2012,
Contact: Jesse D'Elia,<PHONE_NUMBER>.
EIS No. 20120061, Final EIS, BLM, CA, Ocotillo Express Wind Energy
Project, Proposing to Develop a 465-Megawatt Wind Energy Facility,
Implementation, Imperial County, CA, Review Period Ends: 04/09/2012,
Contact: Cedric Perry,<PHONE_NUMBER>.

Amended Notices

EIS No. 20120006, Draft EIS, USACE, AK, Alaska Stand Alone Gas
Pipeline,

Construction and Operation of a 737 mile Pipeline to Transport Supply
of Natural Gas and Natural Gas Liquids from Alaska's North Slope to
Fairbanks, Anchorage and the Cook Inlet Area by 2019, USACE Section 10
and 404 Permits, NPDES Permit, AK, Comment Period Ends: 04/04/2012,
Contact: Mary Romero,<PHONE_NUMBER>.

    Dated: March 6, 2012.
Cliff Rader,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2012-5771 Filed 3-8-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Notices]
[Pages 43838-43840]
[FR Doc No: 2022-15716]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-488-000]

WBI Energy Transmission, Inc.; Notice of Request Under Blanket
Authorization and Establishing Intervention and Protest Deadline

    Take notice that on July 8, 2022 WBI Energy Transmission, Inc. (WBI
Energy) filed a prior notice request for authorization, in accordance
with 18 CFR Sections 157.205, 157.208, and 157.210 of the Federal
Energy Regulatory Commission's (Commission) regulations and WBI
Energy's blanket certificate issued in Docket Nos. CP82-487-000 for
authorization to construct and operate natural gas pipeline facilities
in Phillips and Valley Counties, Montana and abandon in place 1,965
feet of natural gas mainline. The estimated cost of the project will be
about $10 million.
    Specifically, WBI Energy proposes to construct and operate
approximately 17.2 miles of 4-inch diameter natural gas mainline
facilities to connect two sections of WBI Energy's existing Line
Section 8 that are not physically connected and abandon in place 1,965
feet of 6-inch diameter natural gas mainline, all as more fully set
forth in the application which is on file with the Commission and open
for public inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (https://ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended

access to the Commission's Public Reference Room, due to the
proclamation declaring a National Emergency concerning the Novel
Coronavirus Disease (COVID-19), issued by the President on March 13,
2020. For assistance, contact the Federal Energy Regulatory Commission
at [email protected] or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions concerning this application should be directed to
Lori Myerchin, Director, Regulatory Affairs and Transportation
Services--WBI Energy Transmission Inc., P.O. Box 5601, Bismarck, North
Dakota 58506-5601 Phone<PHONE_NUMBER> Email:
[email protected].
    Pursuant to Section 157.9 of the Commission's Rules of Practice and
Procedure,\1\ within 90 days of this Notice the Commission staff will
either: complete its environmental review 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 staff's issuance of
the final environmental impact statement (FEIS) or environmental
assessment (EA) for this proposal. The filing of an 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 complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
---------------------------------------------------------------------------

    \1\ 18 CFR (Code of Federal Regulations) 157.9.
---------------------------------------------------------------------------

Public Participation

    There are three ways to become involved in the Commission's review
of this project: you can file a protest to the project, you can file a
motion to intervene in the proceeding, and you can file comments on the
project. There is no fee or cost for filing protests, motions to
intervene, or comments. The deadline for filing protests, motions to
intervene, and comments is 5:00 p.m. Eastern Time on September 16,
2022. How to file protests, motions to intervene, and comments is
explained below.

Protests

    Pursuant to section 157.205 of the Commission's regulations under
the NGA,\2\ any person \3\ or the Commission's staff may file a protest
to the request. If no protest is filed within the time allowed or if a
protest is filed and then withdrawn within 30 days after the allowed
time for filing a protest, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request for authorization
will be considered by the Commission.
---------------------------------------------------------------------------

    \2\ 18 CFR 157.205.
    \3\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
---------------------------------------------------------------------------

    Protests must comply with the requirements specified in section
157.205(e) of the Commission's regulations,\4\ and must be submitted by
the protest deadline, which is September 16, 2022. A protest may also
serve as a motion to intervene so long as the protestor states it also
seeks to be an intervenor.
---------------------------------------------------------------------------

    \4\ 18 CFR 157.205(e).
---------------------------------------------------------------------------

Interventions

    Any person has the option to file a motion to intervene in this
proceeding. Only intervenors have the right to request rehearing of
Commission orders issued in this proceeding and to subsequently
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \5\ and the regulations under the NGA \6\ by the
intervention deadline for the project, which is September 16, 2022. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \5\ 18 CFR 385.214.
    \6\ 18 CFR 157.10.
---------------------------------------------------------------------------

    All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.

Comments

    Any person wishing to comment on the project may do so. The
Commission considers all comments received about the project in
determining the appropriate action to be taken. To ensure that your
comments are timely and properly recorded, please submit your comments
on or before September 16, 2022. The filing of a comment alone will not
serve to make the filer a party to the proceeding. To become a party,
you must intervene in the proceeding.

How To File Protests, Interventions, and Comments

    There are two ways to submit protests, motions to intervene, and
comments. In both instances, please reference the Project docket number
CP22-488-000 in your submission.
    (1) You may file your protest, motion to intervene, and comments by
using the Commission's eFiling feature, which is located on the
Commission's website (www.ferc.gov) under the link to Documents and
Filings. New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; first select General'' and then select ``Protest'',
``Intervention'', or ``Comment on a Filing''; or \7\
---------------------------------------------------------------------------

    \7\ Additionally, you may file your comments electronically by
using the eComment feature, which is located on the Commission's
website at www.ferc.gov under the link to Documents and Filings.
Using eComment is an easy method for interested persons to submit
brief, text-only comments on a project. The eFiling feature includes
a document-less intervention option; for more information, visit
https://www.ferc.gov/docs-filing/efiling/document-less-intervention.pdf.
---------------------------------------------------------------------------

    (2) You can file a paper copy of your submission by mailing it to
the address below. Your submission must reference the Project docket
number CP22-488-000.
    To mail via USPS, use the following address: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426.
    To mail via any other courier, use the following address: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.

    The Commission encourages electronic filing of submissions (option
1 above) and has eFiling staff available to assist you at (202) 502-
8258 or [email protected]
    Protests and motions to intervene must be served on the applicant
either by mail or email (with a link to the document) at: Lori
Myerchin, Director, Regulatory Affairs and Transportation Services--WBI
Energy Transmission Inc., P.O. Box 5601, Bismarck, North Dakota 58506-
5601 Email: [email protected].
    Any subsequent submissions by an intervenor must be served on the
applicant and all other parties to the proceeding. Contact information
for parties can be downloaded from the service list at the eService
link on FERC Online.

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.

    Dated: July 18, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-15716 Filed 7-21-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Rules and Regulations]
[Pages 14664-14667]
[FR Doc No: 2013-04701]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 73, 172, 173, 176, 177, 178, 184, and 189

[Docket No. FDA-2012-N-0010]

Food and Color Additives; Technical Amendments

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; technical amendments.

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

SUMMARY: The Food and Drug Administration (FDA) is amending certain
regulations regarding food and color additives to correct minor errors
(such as misspelled chemical names) and to update office names and
addresses. This action is editorial in nature and is intended to
improve the accuracy of the Agency's regulations.

DATES: This rule is effective March 7, 2013.

FOR FURTHER INFORMATION CONTACT:  Ellen M. Waldron, Center for Food
Safety and Applied Nutrition (HFS-206), Food and Drug Administration,
5100 Paint Branch Pkwy., College Park, MD 20740-3835,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: We are making technical amendments to our
regulations under 21 CFR parts 73, 172, 173, 176, 177, 178, 184, and
189. In brief, these amendments are as follows:
     Correct misspelled chemical names in Sec. Sec.  73.3129,
176.180, and 177.1210. For example, we are revising Sec.  73.3129 to
replace ``Disodium 1-amino-4-[[4-[(2-bromo-1-oxoallyl)amino]-2-
sulphonatophenyl]amino]-9, 10-dihydro-9,10-dioxoanthracene-2-
sulphonate'' with ``Disodium 1-amino-4-[[4-[(2-bromo-1-oxoallyl)amino]-
2-sulfonatophenyl]amino]-9,10-dihydro-9.10-dioxoanthracene-2-
sulfonate'';
     Correct a table entry in Sec.  177.1500 regarding the
melting point of certain nylon 12T resins; and
     Amend Sec. Sec.  172.712, 172.723, 172.809, 172.831,
172.833, 172.886, 173.25, 173.45, 173.325, 173.368, 177.1350, 177.1360,
177.1637, 177.2440, 177.2600, 178.1010, 178.3297, 184.1012, 184.1024,
184.1034, 184.1063, 184.1259, 184.1316, 184.1415, 184.1583, 184.1595,
184.1866, 184.1914, 184.1985, 189.110, and 189.180 to remove archaic or
obsolete office names and replace them with the current Office name
``Office of Food Additive Safety.'' Where appropriate, we also are
updating the street address to reflect our present location at 5100
Paint Branch Parkway, College Park, MD 20740, and contact information
to reflect our new telephone number,<PHONE_NUMBER>. The final rule
contains no collection of information. Therefore, clearance by the
Office of Management and Budget under the Paperwork Reduction Act of
1995 is not required. Publication of this document constitutes final
action of these changes under the Administrative Procedure Act (5
U.S.C. 553). These amendments are merely correcting nonsubstantive
errors. FDA, therefore, for good cause, finds under 5 U.S.C.
553(b)(3)(B) and (d)(3) that notice and public comment are unnecessary.

List of Subjects

21 CFR Part 73

    Color additives, Cosmetics, Drugs, Medical devices.

21 CFR Part 172

    Food additives, Reporting and recordkeeping requirements.

21 CFR Part 173

    Food additives.

21 CFR Parts 176, 177, and 178

    Food additives, Food packaging.

21 CFR Part 184

    Food additives, Substances generally recognized as safe.

21 CFR Part 189

    Food additives, Food packaging, Substances prohibited from use in
human food.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Director, Center for Food Safety and Applied
Nutrition, 21 CFR parts 73, 172, 173, 176, 177, 178, 184, and 189 are
amended as follows:

PART 73--LISTING OF COLOR ADDITIVES EXEMPT FROM CERTIFICATION

0
1. The authority citation for 21 CFR part 73 continues to read as
follows:

    Authority: 21 U.S.C. 321, 341, 342, 343, 348, 351, 352, 355,
361, 362, 371, 379e.

0
2. Amend Sec.  73.3129 as follows:
0
a. Revise the section heading to read as set forth below.
0
b. In paragraph (a), remove ``disodium 1-amino-4-[[4-[(2-bromo-1-
oxoallyl)amino]-2-sulphonatophenyl]amino]-9,10-dihydro-9,10-
dioxoanthracene-2-sulphonate'' and in its place add ``disodium 1-amino-
4-[[4-[(2-bromo-1-oxoallyl)amino]-2-sulfonatophenyl]amino]-9,10-
dihydro-9,10-dioxoanthracene-2-sulfonate''.

Sec.  73.3129  Disodium 1-amino-4-[[4-[(2-bromo-1-oxoallyl)amino]-2-
sulfonatophenyl]amino]-9,10-dihydro-9,10-dioxoanthracene-2-sulfonate.

* * * * *

PART 172--FOOD ADDITIVES PERMITTED FOR DIRECT ADDITION TO FOOD FOR
HUMAN CONSUMPTION

0
3. The authority citation for 21 CFR part 172 continues to read as
follows:

    Authority: 21 U.S.C. 321, 341, 342, 348, 371, 379e.

Sec.  172.712  [Amended]

0
4. In Sec.  172.712, in paragraph (b), remove ``the Office of Premarket
Approval, Center for Food Safety and Applied Nutrition, 5100 Paint
Branch Pkwy., College Park, MD 20740'' and in its place add ``the
Office of Food Additive Safety (HFS-200), Center for Food Safety and
Applied Nutrition,

5100 Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>''.

Sec.  172.723  [Amended]

0
5. In Sec.  172.723, in paragraph (b)(1), remove ``Division of Petition
Control (HFS-215), Center for Food Safety and Applied Nutrition, Food
and Drug Administration, 1110 Vermont Ave. NW., suite 1200, Washington,
DC'' and in its place add ``Office of Food Additive Safety (HFS-200),
Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-
402-1200''.

Sec.  172.809  [Amended]

0
6. In Sec.  172.809, in paragraph (b), remove ``Division of Petition
Control (HFS-215), Center for Food Safety and Applied Nutrition, Food
and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD
20740'' and in its place add ``Office of Food Additive Safety (HFS-
200), Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-
402-1200''.

Sec.  172.831  [Amended]

0
7. In Sec.  172.831, in paragraph (b), remove ``Division of Product
Policy (HFS-206), Center for Food Safety and Applied Nutrition, Food
and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD
20740'' and in its place add ``Office of Food Additive Safety (HFS-
200), Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-
402-1200''.

Sec.  172.833  [Amended]

0
8. In Sec.  172.833, in paragraph (b)(2), remove ``Office of Premarket
Approval, Center for Food Safety and Applied Nutrition (HFS-200), Food
and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD
20740'' and in its place add ``Office of Food Additive Safety (HFS-
200), Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-
402-1200''.

Sec.  172.886  [Amended]

0
9. In Sec.  172.886, in paragraph (c)(2)(iii), remove ``Office of
Premarket Approval (HFS-200), Center for Food Safety and Applied
Nutrition, Food and Drug Administration, 5100 Paint Branch Pkwy.,
College Park, MD 20740'' and in its place add ``Office of Food Additive
Safety (HFS-200), Center for Food Safety and Applied Nutrition, Food
and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD
20740,<PHONE_NUMBER>''.

PART 173--SECONDARY DIRECT FOOD ADDITIVES PERMITTED IN FOOD FOR
HUMAN CONSUMPTION

0
10. The authority citation for 21 CFR part 173 continues to read as
follows:

    Authority: 21 U.S.C. 321, 342, 348.

Sec.  173.25  [Amended]

0
11. In Sec.  173.25, in paragraph (b)(2)(ii)(B), remove ``Division of
Petition Control (HFS-215), Center for Food Safety and Applied
Nutrition, Food and Drug Administration, 5100 Paint Branch Pkwy.,
College Park, MD 20740'' and in its place add ``Office of Food Additive
Safety (HFS-200), Center for Food Safety and Applied Nutrition, Food
and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD
20740,<PHONE_NUMBER>''.

Sec.  173.45  [Amended]

0
12. In Sec.  173.45, in paragraph (a), remove ``Division of Product
Policy, Center for Food Safety and Applied Nutrition (HFS-205), Food
and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD
20740'' and in its place add ``Office of Food Additive Safety (HFS-
200), Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-
402-1200''.

Sec.  173.325  [Amended]

0
13. In Sec.  173.325, in paragraph (h), remove ``Division of Petition
Control (HFS-215), Center for Food Safety and Applied Nutrition, Food
and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD
20740'' and in its place add ``Office of Food Additive Safety (HFS-
200), Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-
402-1200''.

Sec.  173.368  [Amended]

0
14. In Sec.  173.368, in paragraph (c), remove ``Office of Premarket
Approval (HFS-200), Center for Food Safety and Applied Nutrition, Food
and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD
20740'' and in its place add ``Office of Food Additive Safety (HFS-
200), Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-
402-1200''.

PART 176--INDIRECT FOOD ADDITIVES: PAPER AND PAPERBOARD COMPONENTS

0
15. The authority citation for 21 CFR part 176 continues to read as
follows:

    Authority: 21 U.S.C. 321, 342, 346, 348, 379e.

Sec.  176.180  [Amended]

0
16. In Sec.  176.180, in the table in paragraph (b)(2), in the first
column, remove ``Methyl napthalene sulfonic acid-formaldehyde
condensate, sodium salt'' and in its place add ``Methyl naphthalene
sulfonic acid-formaldehyde condensate, sodium salt''; and remove
``Napthalene sulfonic acid-formaldehyde condensate, sodium salt'' and
in its place add ``Naphthalene sulfonic acid-formaldehyde condensate,
sodium salt''.

PART 177--INDIRECT FOOD ADDITIVES: POLYMERS

0
17. The authority citation for 21 CFR part 177 continues to read as
follows:

    Authority: 21 U.S.C. 321, 342, 348, 379e.

Sec.  177.1210  [Amended]

0
18. In Sec.  177.1210, in table 1 in paragraph (b)(5), in the first
column, remove ``Napthalene sulfonic acid-formaldehyde condensate,
sodium salt'' and in its place add ``Naphthalene sulfonic acid-
formaldehyde condensate, sodium salt''; and remove ``Sodium salt of
trisopropyl napthalenesulfonic acid'' and in its place add ``Sodium
salt of trisopropyl naphthalenesulfonic acid''.

Sec.  177.1350  [Amended]

0
19. In Sec.  177.1350, in paragraph (b)(2), remove ``Division of
Petition Control (HFS-215) Center for Food Safety and Applied
Nutrition, Food and Drug Administration, 5100 Paint Branch Pkwy.,
College Park, MD 20740'' and in its place add ``Office of Food Additive
Safety (HFS-200), Center for Food Safety and Applied Nutrition, Food
and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD
20740,<PHONE_NUMBER>''.

Sec.  177.1360  [Amended]

0
20. In Sec.  177.1360, in paragraph (d), remove ``Office of Premarket
Approval (HFS-200), Center for Food Safety and Applied Nutrition, Food
and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD
20740'' and in its place add ``Office of Food Additive Safety (HFS-
200)), Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-
402-1200''.

Sec.  177.1500  [Amended]

0
21. In Sec.  177.1500, in table 1 in paragraph (b), in the third column
of the entry for ``11. Nylon 12T resins for use in contact with all
types of food except those containing more than 8 percent alcohol,''
remove ``290-310'' and in its place add ``N/A''.

Sec.  177.1637  [Amended]

0
22. In Sec.  177.1637, in paragraph (b)(2), remove ``Office of
Premarket Approval, Center for Food Safety and Applied Nutrition (HFS-
215), Food and Drug Administration, 5100 Paint Branch Pkwy., College
Park, MD 20740'' and in its place add ``Office of Food Additive Safety
(HFS-200), Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-
402-1200''.

Sec.  177.2440  [Amended]

0
23. In Sec.  177.2440, in paragraph (a)(3), remove ``Division of
Petition Control (HFS-215), Center for Food Safety and Applied
Nutrition, 1110 Vermont Ave. NW., Suite 1200, Washington, DC'' and in
its place add ``Office of Food Additive Safety (HFS-200), Center for
Food Safety and Applied Nutrition, Food and Drug Administration, 5100
Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>''.

Sec.  177.2600  [Amended]

0
24. In Sec.  177.2600, in paragraph (c)(4)(i), remove ``Division of
Petition Control (HFS-215), Center for Food Safety and Applied
Nutrition, Food and Drug Administration, 5100 Paint Branch Pkwy.,
College Park, MD 20740'' and in its place add ``Office of Food Additive
Safety (HFS-200), Center for Food Safety and Applied Nutrition, Food
and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD
20740,<PHONE_NUMBER>''.

PART 178--INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND
SANITIZERS

0
25. The authority citation for 21 CFR part 178 continues to read as
follows:

    Authority: 21 U.S.C. 321, 342, 348, 379e.

Sec.  178.1010  [Amended]

0
26. In Sec.  178.1010, in paragraph (c)(40), remove ``Division of
Petition Control, Center for Food Safety and Applied Nutrition (HFS-
215), Food and Drug Administration, 5100 Paint Branch Pkwy., College
Park, MD 20740'' and in its place add ``Office of Food Additive Safety
(HFS-200), Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-
402-1200''.

Sec.  178.3297  [Amended]

0
27. Amend Sec.  178.3297 as follows:
0
a. In paragraph (c), remove ``Center for Food Safety and Applied
Nutrition, (HFS-200) Food and Drug Administration, 5100 Paint Branch
Pkwy., College Park, MD 20740,'' and in its place add ``Food and Drug
Administration, Center for Food Safety and Applied Nutrition, 5100
Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>''.
0
b. In paragraph (e), in the entry for ``High-purity furnace black,''
remove ``Office of Premarket Approval (HFS-200), Center for Food Safety
and Applied Nutrition, Food and Drug Administration, 5100 Paint Branch
Pkwy., College Park, MD 20740'' and in its place add ``Office of Food
Additive Safety (HFS-200), Center for Food Safety and Applied
Nutrition, Food and Drug Administration, 5100 Paint Branch Pkwy.,
College Park, MD 20740,<PHONE_NUMBER>''.

PART 184--DIRECT FOOD SUBSTANCES AFFIRMED AS GENERALLY RECOGNIZED
AS SAFE

0
28. The authority citation for 21 CFR part 184 continues to read as
follows:

    Authority: 21 U.S.C. 321, 342, 348, 371.

Sec.  184.1012  [Amended]

0
29. In Sec.  184.1012, in paragraph (b), remove ``Office of Premarket
Approval (HFS-200), Center for Food Safety and Applied Nutrition, Food
and Drug Administration, 1110 Vermont Ave. NW., Suite 1200, Washington,
DC'' and in its place add ``Office Food Additive Safety (HFS-200),
Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-
402-1200''.

Sec.  184.1024  [Amended]

0
30. In Sec.  184.1024, in paragraph (b), remove ``Office of Premarket
Approval (HFS-200), Food and Drug Administration, 5100 Paint Branch
Pkwy., College Park, MD 20740'' and in its place add ``Office of Food
Additive Safety (HFS-200), Center for Food Safety and Applied
Nutrition, Food and Drug Administration, 5100 Paint Branch Pkwy.,
College Park, MD 20740,<PHONE_NUMBER>''.

Sec.  184.1034  [Amended]

0
31. In Sec.  184.1034, in paragraph (b), remove ``Office of Premarket
Approval (HFS-200), Food and Drug Administration, 5100 Paint Branch
Pkwy., College Park, MD 20740'' and in its place add ``Office of Food
Additive Safety (HFS-200), Center for Food Safety and Applied
Nutrition, Food and Drug Administration, 5100 Paint Branch Pkwy.,
College Park, MD 20740,<PHONE_NUMBER>''.

Sec.  184.1063  [Amended]

0
32. In Sec.  184.1063, in paragraph (b)(8), remove ``Division of
Petition Control, Center for Food Safety and Applied Nutrition (HFS-
215), Food and Drug Administration, 5100 Paint Branch Pkwy., College
Park, MD 20740'' and in its place add ``Office of Food Additive Safety
(HFS-200), Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-
402-1200''.

Sec.  184.1259  [Amended]

0
33. In Sec.  184.1259, in paragraph (b)(8), remove ``Division of Food
and Color Additives, Center for Food Safety and Applied Nutrition (HFS-
200), Food and Drug Administration, 5100 Paint Branch Pkwy., College
Park, MD 20740'' and in its place add ``Office of Food Additive Safety
(HFS-200), Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-
402-1200''.

Sec.  184.1316  [Amended]

0
34. In Sec.  184.1316, in paragraph (b), remove ``Office of Premarket
Approval (HFS-200), Food and Drug Administration, 5100 Paint Branch
Pkwy., College Park, MD 20740'' and in its place add ``Office of Food
Additive Safety (HFS-200), Center for Food Safety and Applied
Nutrition, Food and Drug Administration, 5100 Paint Branch Pkwy.,
College Park, MD 20740,<PHONE_NUMBER>''.

Sec.  184.1415  [Amended]

0
35. In Sec.  184.1415, in paragraph (b), remove ``Office of Premarket
Approval (HFS-200), Food and Drug Administration, 5100 Paint Branch
Pkwy., College Park, MD 20740'' and in its place add ``Office of Food
Additive Safety (HFS-200), Center for Food Safety and Applied
Nutrition, Food and Drug Administration, 5100 Paint Branch Pkwy.,
College Park, MD 20740,<PHONE_NUMBER>''.

Sec.  184.1583  [Amended]

0
36. In Sec.  184.1583, in paragraph (b), remove ``Office of Premarket
Approval (HFS-200), Food and Drug Administration, 5100 Paint Branch
Pkwy., College Park, MD 20740'' and in

its place add ``Office of Food Additive Safety (HFS-200), Center for
Food Safety and Applied Nutrition, Food and Drug Administration, 5100
Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>''.

Sec.  184.1595  [Amended]

0
37. In Sec.  184.1595, in paragraph (b), remove ``Office of Premarket
Approval (HFS-200), Food and Drug Administration, 5100 Paint Branch
Pkwy., College Park, MD 20740'' and in its place add ``Office of Food
Additive Safety (HFS-200), Center for Food Safety and Applied
Nutrition, Food and Drug Administration, 5100 Paint Branch Pkwy.,
College Park, MD 20740,<PHONE_NUMBER>''.

Sec.  184.1866  [Amended]

0
38. In Sec.  184.1866, in paragraph (b), remove ``Office of Premarket
Approval, Center for Food Safety and Applied Nutrition (HFS-200), Food
and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD
20740'' and in its place add ``Office of Food Additive Safety (HFS-
200), Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-
402-1200''.

Sec.  184.1914  [Amended]

0
39. In Sec.  184.1914, in paragraph (b), remove ``Office of Premarket
Approval (HFS-200), Food and Drug Administration, 5100 Paint Branch
Pkwy., College Park, MD 20740'' and in its place add ``Office of Food
Additive Safety (HFS-200), Center for Food Safety and Applied
Nutrition, Food and Drug Administration, 5100 Paint Branch Pkwy.,
College Park, MD 20740,<PHONE_NUMBER>''.

Sec.  184.1985  [Amended]

0
40. In Sec.  184.1985, in paragraph (b), remove ``Division of Petition
Control (HFS-215), Center for Food Safety and Applied Nutrition, Food
and Drug Administration, 1110 Vermont Ave. NW., Suite 1200, Washington,
DC'' and in its place add ``Office of Food Additive Safety (HFS-200),
Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-
402-1200''.

PART 189--SUBSTANCES PROHIBITED FROM USE IN HUMAN FOOD

0
41. The authority citation for 21 CFR part 189 continues to read as
follows:

    Authority: 21 U.S.C. 321, 342, 348, 371, 381.

Sec.  189.110  [Amended]

0
42. In Sec.  189.110, in paragraph (c), remove ``Division of Food and
Color Additives, Center for Food Safety and Applied Nutrition (HFS-
200), Food and Drug Administration, 5100 Paint Branch Pkwy., College
Park, MD 20740'' and in its place add ``Office of Food Additive Safety
(HFS-200), Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-
402-1200''.

Sec.  189.180  [Amended]

0
43. In Sec.  189.180, in paragraph (c), remove ``Division of Food and
Color Additives, Center for Food Safety and Applied Nutrition (HFS-
200), Food and Drug Administration, 5100 Paint Branch Pkwy., College
Park, MD 20740'' and in its place add ``Office of Food Additive Safety
(HFS-200), Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-
402-1200''.

    Dated: February 1, 2013.
Susan M. Bernard,
Director, Office of Regulations, Policy and Social Sciences, Center for
Food Safety and Applied Nutrition.
[FR Doc. 2013-04701 Filed 3-6-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 84, Number 86 (Friday, May 3, 2019)]
[Proposed Rules]
[Pages 18997-18999]
[FR Doc No: 2019-09016]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Proposed
Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2019-0283; Notice No. 25-19-04-SC]

Special Conditions: Airbus Model A380; Stairways Between Decks

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed amended special conditions.

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

SUMMARY: This action proposes an amendment to special conditions for
the Airbus A380 airplane. This airplane will have novel or unusual
design features when compared to the state of technology envisioned in
the airworthiness standards for transport category airplanes. This
design feature is associated with the complex systems and the
configuration of the airplane, including its full-length double deck.
For these design features, the applicable airworthiness regulations do
not contain adequate or appropriate safety standards regarding
stairways between decks. These special conditions contain the
additional safety standards that the Administrator considers necessary
to establish a level of safety equivalent to that established by the
existing airworthiness standards.
    By issuance of this amendment to the special condition, the FAA is
correcting an error that appeared in the Federal Register on August 28,
2006, for Special Conditions No. 25-326-SC, Docket No. NM314. The
applicable airworthiness regulations do not contain adequate or
appropriate safety standards for this design feature. These proposed
special conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

DATES: Send comments on or before June 17, 2019.

ADDRESSES: Send comments identified by Docket No. FAA-2019-0283 using
any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket website, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478).
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dan Jacquet, Airframe and Cabin Safety
Section, AIR-675, Transport Standards Branch, Policy and Innovation
Division, Aircraft Certification Service, Federal Aviation
Administration, 2200 South 216th Street, Des Moines, Washington 98198;
telephone and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    Airbus requested an amendment to Special Condition No. 25-326-SC in
letter (L2578ME1831060) revision 1, dated November 21, 2018. This
letter states:
    The Special Conditions applicable to the stairways on full-length
double-deck airplane were extensively discussed in the VLTA conference,
dt. October 1998 in Noordwijkerhout, The Netherlands and in the Cabin
Safety Meeting between FAA, EASA, and Airbus, held in Hamburg, Feb. 25,
2003. In the latter meeting, the Special Conditions have been aligned.
Based on that, Airbus has received CRI-D6 and IP-C1 (linked to FAA
project CP-101) for A380 Type Certification.
    However, Airbus noticed that the Special Conditions for the
availability of stairs published in the Federal Register (ref. 25-326-
SC from September 11, 2006) require more when com-pared to Special
Conditions of IP-C1 Stage 4 Airbus received June 13, 2003.
    The Federal Register, ref. 25-326-SC reads:
    a. At least one stairway between decks must meet the following
requirements: The stairway accommodates the carriage of an
incapacitated person from one deck to the other. The crew member
procedures for such carriage must be established.
    b. There must be at least two stairways between decks that meet the
following requirements:
    The stairways must be designed such that evacuees can achieve an
adequate rate for going down or going up under probable emergency
conditions, including a condition in which a person falls or is
incapacitated while on a stairway. One of the stairways must be the
stairway specified in paragraph a. above.
    For whatever reasons, the consideration of the condition in which a
person falls or is incapacitated while on the stairs re-appears.
Resulting from the A380 Certification Meeting held in

Hamburg this was agreed to be not required by the IP.
    It was the FAA position that ``this type of demonstration is not
required for the main passenger aisle in the airplane and therefore
should not be required for the stairways''.
    The Stage 4 of the IP-C1 dt. February 25, 2003 received for A380 TC
thus reads.
    A. At least two stairways between decks must meet the following
requirements:
    (1) At least one of the stairways must accommodate the carriage of
an incapacitated person from one deck to the other. The crew member
procedures for such a carriage must be established.
    (2) The stairways must be designed such that evacuees can be shown
to achieve an adequate rate, for going down or going up, under probable
emergency conditions.
    All further Special Conditions published in the Federal Register
(Sec. Sec.  c though e) are identical to the Special Conditions of the
IP (Sec. Sec.  B though D), however using a different wording.
    Since the IP-C1, Stage 4 is the bilateral agreement between FAA and
Airbus, and the Federal Register is available to the public, Airbus
would appreciate the correction of the SC published in the Federal
Register under 25-326-SC. This would avoid any misunderstanding in the
A380 future.
    During initial discussions with Airbus regarding the proposed
special conditions, the FAA had included a requirement that the
stairways be designed such that evacuees can achieve an adequate rate
going down or up under probable emergency conditions, including a
condition in which a person falls or is incapacitated while on the
stairway. Airbus agreed with the requirement except for the portion
pertaining to a person falling or being incapacitated. The FAA
documented agreement with Airbus's position. Unfortunately the special
condition was issued with the FAA's initial proposal rather than the
final agreement, and stated that the stairs be designed such that
evacuees can achieve an adequate rate going up or down the stairs under
probable emergency conditions including a condition in which a person
falls or is incapacitated while on the stairway.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Airbus must show that the
Model A380 airplane meets the applicable provisions of 14 CFR part 25,
as amended by Amendments 25-1 through 25-98. If the Administrator finds
that the applicable airworthiness regulations do not contain adequate
or appropriate safety standards for the Airbus Model A380 airplane
because of novel or unusual design features, special conditions are
prescribed under the provisions of 14 CFR 21.16.
    In addition to the applicable airworthiness regulations and special
conditions, the Airbus Model A380 airplane must comply with the fuel
vent and exhaust emission requirements of 14 CFR part 34 and the noise
certification requirements of 14 CFR part 36. In addition, the FAA must
issue a finding of regulatory adequacy pursuant to section 611 of
Public Law 93-574, the ``Noise Control Act of 1972.''
    Special conditions, as defined in 14 CFR 11.19, are issued in
accordance with 14 CFR 11.38 and become part of the type certification
basis in accordance with 14 CFR 21.17(a)(2).
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, the special conditions would also apply to the
other model under the provisions of 14 CFR 21.101.

Novel or Unusual Design Features

    The Airbus Model A380 airplane will incorporate the following novel
or unusual design features: This airplane has a full-length double
deck. For these design features, the applicable airworthiness
regulations do not contain adequate or appropriate safety standards
regarding stairways between decks.

Discussion

    The Model A380 airplane incorporates seating on two full-length
passenger decks, each of which has the capacity of a typical wide body
airplane. Two staircases--one located in the front of the cabin and one
located in the rear--allow for the movement of persons between decks.
With large seating capacities on the main deck and the upper deck of
the Model A380 airplane, the staircases need to be able to support
movement between decks in an inflight emergency. In addition, although
compliance with the evacuation demonstration requirements of Sec.
25.803 does not depend on the use of stairs, there must be a way for
passengers on one deck to move to the other deck during an emergency
evacuation. This need must be addressed in the certification of the
airplane.
    The regulations governing the certification of the Model A380
airplane do not adequately address a passenger airplane with two
separate full-length decks for passengers. The Boeing Model 747 and the
Lockheed Model L-1011 airplanes were certificated with limited seating
capacity on two separate decks, and special conditions were issued to
certificate those arrangements. When the seating capacity of the upper
deck of the Boeing Model 747 airplane exceeded 24 passengers, the FAA
issued Special Conditions 25-61-NW-1 for a maximum seating capacity of
32 passengers on the upper deck for take-off and landing. A second set
of Special Conditions, 25-71-NW-3, was issued to cover airplanes with a
maximum seating capacity of 45 passengers on the upper deck for take-
off and landing. That second set of Special Conditions was later
modified to address airplanes with a maximum seating capacity of 110
passengers on the upper deck. These previously issued special
conditions provided a starting point for the development of special
conditions for the Model A380 airplane.
    In the case of both the Model L-1011 and the Model 747 airplanes,
the special conditions were based on the requirements and associated
level of safety in place at the time of application for type
certificate. The requirements and the level of safety have improved
significantly since that time, and these special conditions reflect
those improvements.
    In addition to the requirements of Sec. Sec.  25.803 and 25.811
through 25.813, special conditions are needed to address the movement
of passengers between the two full-length decks on the Model A380
airplane. These special conditions provide additional requirements for
the stairways to ensure the safe passage of occupants between decks
during moderate turbulence, an inflight emergency, or an emergency
evacuation.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

    As discussed above, these special conditions are applicable to the
Airbus Model A380 airplane. Should Airbus apply at a later date for a
change to the type certificate to include another model incorporating
the same novel or unusual design features, these special conditions
would apply to that model as well under the provisions of Sec.  21.101.

Conclusion

    This action affects only certain novel or unusual design features
of the Airbus

Model A380 airplane. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, 44704.

The Proposed Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for the Airbus Model A380 airplane.

Airbus Model A380, Stairways Between Decks

    1. At least one stairway between decks must meet the following
requirements: The stairway accommodates the carriage of an
incapacitated person from one deck to the other. The crew member
procedures for such carriage must be established.
    2. There must be at least two stairways between decks that meet the
following requirements: The stairways must be designed such that
evacuees can achieve an adequate rate for going down or going up under
probable emergency conditions. One of the stairways must be the
stairway specified in paragraph I. above.
    3. Each stairway between decks must meet the following
requirements:
    a. It must have an entrance, exit, and gradient characteristics
that--with the assistance of a crew member--would allow the passengers
of one deck to merge with passengers of the other deck during an
evacuation and exit the airplane. These entrance, exit, and gradient
characteristics must occur with the airplane in level attitude and in
each attitude resulting from the collapse of any one or more legs of
the landing gear. These requirements must be demonstrated by tests or
analysis.
    b. The stairway must have a handrail on at least one side in order
to allow people to steady themselves during foreseeable conditions,
including but not limited to the condition of gear collapse on the
ground and moderate turbulence in flight. The handrails must be
constructed, so that there will be no obstruction on them which will
cause the user to release his/her grip on the handrail or will hinder
the continuous movement of the hands along the handrail. Handrails must
be terminated in a manner which will not obstruct pedestrian travel or
create a hazard. Adequacy of the design must be demonstrated by using
persons representative of the 5% female and the 95% male.
    c. The stairway must be designed and located to minimize damage to
it during an emergency landing or ditching.
    d. The stairway must have a wall or the equivalent on each side to
minimize the risk of falling and to facilitate use of the stairway
under conditions of abnormal airplane attitude.
    e. Treads and landings must be designed and demonstrated to be free
of hazard. The landing area at each deck level must be demonstrated to
be adequate in terms of flow rate for the maximum number of people that
will be using the stair in an emergency. Treads and risers must be
designed to ensure an easy and safe use of the stairway.
    f. General emergency illumination must be provided so that--when
measured along the centerlines of each tread and landing--the
illumination is not less than 0.05 foot-candle.
    g. In normal operation, the general illumination level must not be
less than 0.05 foot-candles. The assessment must be done under day
light and dark of night conditions.
    h. Both stairway ends must be indicated by an exit sign visible to
passengers when in the stairway. This exit sign must meet the
requirements of Sec.  25.812(b)(1)(ii).
    i. A floor proximity path marking system which meets the
requirements of Sec.  25.812(e) must be available to guide passengers
in the stairway to the stairway ends. It must not direct the occupants
of the cabin to the stair entrance.
    j. The public address system must be audible in the stairway during
all flight phases.
    k. ``No smoking'' and ``return to seat'' signs must be installed
and must be visible in the stairway both going up and down and at the
stairway entrances.
    4. Cabin crew procedures and positions must be established to
manage the use of the stairs on the ground and in flight under both
normal and emergency situations. This may require that cabin crew
members have specific dedicated duties for the management of the stairs
during emergency and precautionary evacuations.
    5. It should not be hazardous for crew members or passengers who
are returning to their seats to use the stairways during moderate
turbulence.

    Issued in Des Moines, Washington, on April 11, 2019.
Paul Siegmund,
Acting Manager, Transport Standards Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2019-09016 Filed 5-2-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Proposed Rules]
[Pages 47268-47270]
[FR Doc No: 2021-17957]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0341; FRL-8747-01-R9]

Air Plan Approval; California; South Coast Air Quality Management
District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the South Coast Air Quality Management District
(SCAQMD) portion of the California State Implementation Plan (SIP).
These revisions concern emissions of volatile organic compounds (VOCs)
from marine and pleasure craft coating operations. We are proposing to
approve a local rule and a rule rescission to regulate these emission
sources under the Clean Air Act (CAA or the Act). We are taking
comments on this proposal and plan to follow with a final action.

DATES: Comments must be received on or before September 23, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2020-0341 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information 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, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a
language other than English or if you are a person with disabilities
who needs a reasonable accommodation at no cost to you, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.

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

Table of Contents

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

I. The State's Submittal

A. What rules did the State submit?

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

                                                                Table 1--Submitted Rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  Local agency                       Rule #                     Rule title                    Amended        Rescinded       Submitted
--------------------------------------------------------------------------------------------------------------------------------------------------------
SCAQMD.........................................            1106  Marine and Pleasure Craft Coatings.....        5/3/2019  ..............       2/19/2020
SCAQMD.........................................          1106.1  Pleasure Craft Coating Operations......  ..............        5/3/2019       2/19/2020
--------------------------------------------------------------------------------------------------------------------------------------------------------

    On August 19, 2020 the submittal for SCAQMD Rule 1106 and the
rescission of Rule 1106.1 was deemed by operation of law to meet the
completeness criteria in 40 CFR part 51 Appendix V, which must be met
before formal EPA review.

B. Are there other versions of these rules?

    We approved an earlier version of SCAQMD Rule 1106 into the SIP on
July 14, 1995 \1\ and we approved SCAQMD Rule 1106.1 into the SIP on
August 31, 1999.\2\ The SCAQMD adopted revisions to the SIP-approved
versions of these rules on May 3, 2019 and CARB

submitted them to us on February 19, 2020.
---------------------------------------------------------------------------

    \1\ 60 FR 36227.
    \2\ 64 FR 47392.
---------------------------------------------------------------------------

C. What is the purpose of the submitted rule and rule rescission?

    Emissions of VOCs contribute to the production of ground-level
ozone, smog and particulate matter, which harm human health and the
environment. Section 110(a) of the CAA requires states to submit
regulations that control VOC emissions. Rule 1106 regulates VOC
emissions from all marine and pleasure craft coating operations,
including coatings for boats, ships and their appurtenances, buoys, and
oil drilling rigs intended for the marine environment, and applies to
any person who solicits the application of any Marine or Pleasure Craft
Coating and any associated solvent used with a Marine or Pleasure Craft
Coating within the South Coast AQMD Jurisdiction.
    The rule was amended to include pleasure craft coating operations,
lower the VOC content limit of a number of existing coatings, and add
five coatings to the specialty coating list. Rule 1106.1, Pleasure
Craft Coating Operations, has been locally rescinded; however, all of
the coatings limits in Rule 1106.1 are now covered by Rule 1106. The
EPA's technical support document (TSD) has more information about this
rule and rule rescission.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule and rule rescission?

    Rules in the SIP must be enforceable (see CAA section 110(a)(2)),
must not interfere with applicable requirements concerning attainment
and reasonable further progress or other CAA requirements (see CAA
section 110(l)), and must not modify certain SIP control requirements
in nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193).
    Generally, SIP rules must require reasonably available control
technology (RACT) for each category of sources covered by a Control
Techniques Guidelines (CTG) document as well as each major source of
VOC in ozone nonattainment areas classified as Moderate or above (see
CAA section 182(b)(2)). The SCAQMD regulates an ozone nonattainment
area classified as Extreme for the 1997, 2008, and 2015 8-Hour Ozone
National Ambient Air Quality Standards (40 CFR 81.305). Rule 1106 is
covered by ``Control Techniques Guidelines for Shipbuilding and Ship
Repair Operations \3\'' and ``Control Techniques Guidelines for
Miscellaneous Metal and Plastic Parts Coatings'' (EPA-453/R-08-003,
September 2008). Therefore, this rule must implement RACT.
---------------------------------------------------------------------------

    \3\ 61 FR 44050 (August 27, 1996).
---------------------------------------------------------------------------

    Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation, and rule stringency requirements
for the applicable criteria pollutants include the following:
    1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``Control Techniques Guidelines for Shipbuilding and Ship Repair
Operations'' (61 FR 44050), August 27, 1996.
    5. ``Alternative Control Techniques Document: Surface Coating
Operations at Shipbuilding and Ship Repair Facilities'' (EPA 453/R-94-
032, April 1994).
    6. ``Control Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coatings'' (EPA-453/R-08-003, September 2008).

B. Do the rule and rule rescission meet the evaluation criteria?

    This submittal of the rule and rule rescission meets CAA
requirements and is consistent with relevant guidance regarding
enforceability, RACT, and SIP revisions. Specifically, the rule
requirements sufficiently ensure that affected sources and regulators
can consistently evaluate and determine compliance with Rule 1106.
Additionally, our analysis finds that Rule 1106 represents RACT for
Marine or Pleasure Craft Coatings because it has VOC content limits
consistent with limits adopted in other districts and the applicable
CTGs. We also found that the limits in Rule 1106 and the rescinded Rule
1106.1 are identical. Lastly, Rule 1106 will not interfere with any
applicable requirements of the CAA. The TSD has more information on our
evaluation.

C. The EPA's Recommendations To Further Improve the Rule

    The EPA recommends amendments for consideration by the District the
next time Rule 1106 is revised. Specifically, our TSD recommends
removing the category ``Metallic Heat Resistant Coating''and moving the
category Elastomeric Adhesive to Rule 1168--Adhesive and Sealant
Applications. Our TSD has more information regarding these
recommendations.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rule and rule rescission because they
fulfill all relevant requirements. We will accept comments from the
public on this proposal until September 23, 2021. If we take final
action to approve the submitted rule, our final action will incorporate
this rule and rule rescission into the federally enforceable SIP.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference SCAQMD Rule 1106 and the rescission of SCAQMD Rule 1106.1
described in Table 1 of this preamble. The EPA has made, and will
continue to make, these materials available through https://www.regulations.gov and at the EPA Region IX Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the 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, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely proposes to approve state law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);

     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).

List of Subjects in 40 CFR Part 52

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

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

    Dated: August 12, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-17957 Filed 8-23-21; 8:45 am]
BILLING CODE 6560-50-P