[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Rules and Regulations]
[Pages 37015-37020]
[FR Doc No: 2017-16616]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0188; FRL-9965-70-Region 4]

Air Plan Approval; Mississippi: Prevention of Significant
Deterioration Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a
portion of the State Implementation Plan (SIP) revision submitted by
Mississippi, through the Mississippi Department of Environmental
Quality (MDEQ), Office of Pollution Control, on June 7, 2016.
Specifically, this action approves the portion of the SIP revision
making changes to Mississippi's Prevention of Significant Deterioration
(PSD) program by modifying the incorporation by reference (IBR) date
for the Federal PSD regulations promulgated by EPA. By changing this
date, approval of the SIP revision modifies the existing Greenhouse Gas
(GHG) PSD permitting program and incorporates PSD provisions related to
the 1997, 2006, and 2012 fine particulate matter (PM2.5) and
2015 8-hour ozone National Ambient Air Quality Standards (NAAQS). This
action is being taken pursuant to the Clean Air Act (CAA or Act) and
its implementing regulations.

DATES: This direct final rule is effective October 10, 2017 without
further notice, unless EPA receives adverse comment by September 7,
2017. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0188 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Andres Febres of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Febres can be reached via telephone at<PHONE_NUMBER>
or via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What action is the Agency taking?

    On June 7, 2016, MDEQ submitted a SIP revision for EPA's approval
that includes changes to Mississippi's regulations to make them
consistent with Federal requirements for the New Source Review (NSR)
permitting program, in particular for PSD permitting.\1\ Additionally,
the submittal renames the State's PSD regulations in the SIP from APC-
S-5 to Mississippi Administrative Code, Title 11, Part 2, Chapter 5
(hereinafter referred to as Regulation 11-MAC-Part 2-5), and makes
formatting changes to these regulations. EPA approved these
administrative changes to the PSD regulations in a Letter Notice dated
July 20, 2017.\2\
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    \1\ EPA's regulations governing the implementation of NSR
permitting programs are contained in 40 CFR 51.160--51.166; 52.21,
52.24; and part 51, Appendix S. The CAA NSR program is composed of
three separate programs: PSD, NNSR, and Minor NSR. PSD is
established in part C of title I of the CAA and applies in areas
that meet the NAAQS--``attainment areas''--as well as areas where
there is insufficient information to determine if the area meets the
NAAQS--``unclassifiable areas.'' The NNSR program is established in
part D of title I of the CAA and applies in areas that are not in
attainment of the NAAQS--``nonattainment areas.'' The Minor NSR
program addresses construction or modification activities that do
not qualify as ``major'' and applies regardless of the designation
of the area in which a source is located. Together, these programs
are referred to as the NSR programs.
    \2\ Mississippi submitted a supplemental letter on May 7, 2017,
clarifying its intent to incorporate these renaming and reformatting
changes of APC-S-5 into the SIP.
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    EPA is approving the portion of Mississippi's submittal that makes
changes to the State's PSD program, as established in MDEQ's Regulation
11-MAC-Part 2-5, which applies to the construction or modification of
any major stationary source in areas designated as attainment or
unclassifiable as required by part C of title I of the CAA. This SIP
revision is intended to make Mississippi's state PSD permitting rule
consistent with the Federal requirements, as promulgated by EPA. The
June 7, 2016 submittal updates the IBR date at 11-MAC-Part 2-5 Rule 5.1
and Rule 5.2 from November 4, 2011, to February 17, 2016, for the
Federal PSD permitting regulations at 40 CFR 52.21 and 51.166.\3\ By
modifying the IBR date of 40 CFR 52.21, Mississippi is making four
changes to its PSD rules: (1) Adopting provisions for GHG plantwide
applicability limitations (PALs); (2) removing permitting requirements
for certain GHG sources; (3) incorporating grandfathering provisions
for the 2012 primary annual PM2.5 \4\ NAAQS

and the 2015 8-hour ozone NAAQS; and (4) incorporating a correction to
the definition of ``regulated NSR pollutant'' for PSD.\5\ These changes
are discussed below.
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    \3\ 11-MAC-Part 2-5 incorporates by reference 40 CFR 52.21 with
the exceptions noted in Rule 5.2 and incorporates by reference 40
CFR 51.166(f) and (q) with the exceptions noted in Rule 5.4.
    \4\ Airborne particulate matter (PM) with a nominal aerodynamic
diameter of 2.5 micrometers or less (a micrometer is one-millionth
of a meter, and 2.5 micrometers is less than one-seventh the average
width of a human hair) are considered to be ``fine particles'' and
are also known as PM2.5. Fine particles in the atmosphere
are made up of a complex mixture of components including sulfate;
nitrate; ammonium; elemental carbon; a great variety of organic
compounds; and inorganic material (including metals, dust, sea salt,
and other trace elements) generally referred to as ``crustal''
material, although it may contain material from other sources. On
July 18, 1997, EPA revised the NAAQS for PM to add new standards for
fine particles, using PM2.5 as the indicator. Previously,
EPA used PM10 (inhalable particles smaller than or equal
to 10 micrometers in diameter) as the indicator for the PM NAAQS.
EPA established health-based (primary) annual and 24-hour standards
for PM2.5, setting an annual standard at a level of 15.0
micrograms per cubic meter ([micro]g/m\3\) and a 24-hour standard at
a level of 65 [micro]g/m\3\(62 FR 38652). At the time the 1997
primary standards were established, EPA also established welfare-
based (secondary) standards identical to the primary standards. The
secondary standards are designed to protect against major
environmental effects of PM2.5, such as visibility
impairment, soiling, and materials damage. On October 17, 2006, EPA
revised the primary and secondary 24-hour NAAQS for PM2.5
to 35 [micro]g/m\3\ and retained the existing annual
PM2.5 NAAQS of 15.0 [micro]g/m\3\ (71 FR 61236). On
January 15, 2013, EPA published a final rule revising the annual
PM2.5 NAAQS to 12 [micro]g/m\3\ (78 FR 3086).
    \5\ EPA has not acted on, and is not currently acting on, the
portion of Mississippi's November 28, 2007 SIP revision that seeks
to incorporate into the SIP, through a revision to APC-S-5 (state
effective on September 24, 2007), the provisions amended in the
Ethanol Rule (72 FR 24060) to exclude facilities that produce
ethanol through a natural fermentation process from the definition
of ``chemical process plants'' in the major NSR source permitting
program found at 40 CFR 52.21(b)(1)(i)(a) and (b)(1)(iii)(t).
Therefore, today's action does not IBR this provision into the SIP.
Additionally, today's action does not incorporate into the SIP the
provisions at 40 CFR 52.21(b)(2)(v) and (b)(3)(iii)(c) that were
initially stayed for an 18-month period on March 31, 2010, and
stayed indefinitely by the Fugitive Emissions Interim Rule, 76 FR
17548 (March 30, 2011). These provisions were not incorporated into
Mississippi's SIP through EPA's December 29, 2010, September 26,
2012, and March 5, 2015 actions approving IBR updates to APC-S-5
(September 14, 2010, May 12, 2011, and February 10, 2012 SIP
revisions, respectively) because the provisions were stayed and
because Mississippi never requested that EPA incorporate the
provisions into the SIP.
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II. Background

A. Greenhouse Gases and Plantwide Applicability Limits

    On January 2, 2011, GHG emissions were, for the first time, covered
by the PSD and title V operating permit programs.\6\ To establish a
process for phasing in the permitting requirements for stationary
sources of GHGs under the CAA PSD and title V programs, on June 3,
2010, the EPA published a final rule entitled ``Prevention of
Significant Deterioration and Title V Greenhouse Gas Tailoring Rule''
(hereinafter referred to as the GHG Tailoring Rule). See 75 FR 31514.
In Step 1 of the GHG Tailoring Rule, which began on January 2, 2011,
the EPA limited application of PSD and title V requirements to sources
of GHG emissions only if they were subject to PSD or title V ``anyway''
due to their emissions of pollutants other than GHGs. These sources are
referred to as ``anyway sources.''
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    \6\ See the rule entitled ``Reconsideration of Interpretation of
Regulations that Determine Pollutants Covered by Clean Air Act
Permitting Programs,'' Final Rule, 75 FR 17004 (April 2, 2010).
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    In Step 2 of the GHG Tailoring Rule, which applied as of July 1,
2011, the PSD and title V permitting requirements applied to some
sources that were classified as major sources based solely on their GHG
emissions or potential to emit GHGs. Step 2 also applied PSD permitting
requirements to modifications of otherwise major sources that would
increase only GHG emissions above the level in the EPA regulations. EPA
generally described the sources covered by PSD during Step 2 of the GHG
Tailoring Rule as ``Step 2 sources'' or ``GHG-only sources.''
    Subsequently, EPA published the GHG Step 3 Rule on July 12, 2012.
See 77 FR 41051. In this rule, EPA decided against further phase-in of
the PSD and title V requirements for sources emitting lower levels of
GHG emissions. Thus, the thresholds for determining PSD applicability
based on emissions of GHGs remained the same as established in Step 2
of the Tailoring Rule.
    The GHG PALs portion of the July 12, 2012 final rule revised EPA
regulations under 40 CFR part 52 for establishing PALs for GHG
emissions. A PAL establishes a site-specific plantwide emission level
for a pollutant that allows the source to make changes at the facility
without triggering the requirements of the PSD program, provided that
emissions do not exceed the PAL level. Under EPA's interpretation of
the Federal PAL provisions, such PALs are already available under PSD
for non-GHG pollutants and for GHGs on a mass basis. EPA revised the
PAL regulations to allow for GHG PALs to be established on a carbon
dioxide equivalent (CO2e) \7\ basis as well. See 77 FR 41051
(July 12, 2012). EPA finalized these changes in an effort to streamline
Federal and SIP PSD permitting programs by allowing sources and
permitting authorities to address GHGs using PALs in a manner similar
to the use of PALs for non-GHG pollutants.
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    \7\ CO2 equivalent (CO2e) emissions refers
to emissions of six recognized GHGs other than CO2 which
are scaled to equivalent CO2 emissions by relative global
warming potential values, then summed with CO2 to
determine a total equivalent emissions value. See 40 CFR
51.166(b)(48)(ii) and 52.21(b)(49)(ii).
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    On June 23, 2014, the U.S. Supreme Court addressed the application
of stationary source permitting requirements to GHG emissions in
Utility Air Regulatory Group (UARG) v. EPA, 134 S. Ct. 2427 (2014). The
Supreme Court upheld EPA's regulation of Step 1--or ``anyway''
sources--but held that EPA may not treat GHGs as air pollutants for the
purposes of determining whether a source is a major source (or a
modification thereof) and thus require the source to obtain a PSD or
title V permit. Therefore, the Court invalidated PSD and title V
permitting requirements for Step 2 sources.
    In accordance with the Supreme Court decision, on April 10, 2015,
the U.S. Court of Appeals for the District of Columbia Circuit (D.C.
Circuit) issued an Amended Judgment vacating the regulations that
implemented Step 2 of the GHG Tailoring Rule, but not the regulations
that implement Step 1 of the GHG Tailoring Rule. Coalition for
Responsible Regulation, Inc. v. EPA, 606 Fed. Appx. 6, 7 (D.C. Cir.
2015). With respect to Step 2 sources, the D.C. Circuit's Judgment
vacated the EPA regulations under review (including 40 CFR
51.166(b)(48)(v) and 40 CFR 52.21(b)(49)(v)) ``to the extent they
require a stationary source to obtain a PSD permit if greenhouse gases
are the only pollutant (i) that the source emits or has the potential
to emit above the applicable major source thresholds, or (ii) for which
there is a significant emissions increase from a modification.'' Id. at
7-8.
    EPA promulgated a good cause final rule on August 19, 2015,
entitled ``Prevention of Significant Deterioration and Title V
Permitting for Greenhouse Gases: Removal of Certain Vacated Elements.''
See 80 FR 50199 (August 19, 2015) (hereinafter referred to as the Good
Cause GHG Rule). The rule removed from the Federal regulations the
portions of the PSD permitting provisions for Step 2 sources that were
vacated by the D.C. Circuit (i.e., 40 CFR 51.166(b)(48)(v) and
52.21(b)(49)(v)). EPA therefore no longer has the authority to conduct
PSD permitting for Step 2 sources, nor can EPA approve provisions
submitted by a state for inclusion in its SIP providing this authority.
In addition, on October 3, 2016, EPA proposed to revise provisions in
the PSD permitting regulations applicable to GHGs to fully conform with
UARG and the Amended Judgment, but those revisions have not been
finalized. See 81 FR 68110.
    By revising the IBR date of 40 CFR 52.21 to February 17, 2016,
Mississippi's June 7, 2016 SIP revision incorporates the GHG Step 3
Rule and removes permitting requirements for Step 2 sources.

B. Grandfather Provisions for 2012 Primary Annual PM2.5 and
2015 Ozone NAAQS

    Pursuant to section 165(a)(3)(B) of the CAA and the implementing
PSD regulations at 40 CFR 52.21(k)(1) and

51.166(k)(1), EPA requires that PSD permit applications include a
demonstration that emissions from the proposed facility will not cause
or contribute to a violation of any NAAQS that is in effect on the date
the PSD permit is issued. On January 15, 2013 (78 FR 3086), and October
26, 2015 (80 FR 65292), EPA published new primary annual
PM2.5 NAAQS and 8-hour ozone NAAQS, respectively. In these
two revisions to the NAAQS, EPA established limited grandfathering
provisions for certain PSD permit applications pending on the effective
date of these revised NAAQS. Additionally, the revisions to both
standards included the option to allow states and other air agencies
that issue PSD permits under SIP-approved PSD programs to adopt a
comparable grandfathering provision, as long as the provision is at
least as stringent as that added to 40 CFR 51.166.
    For the 2012 primary annual PM2.5 NAAQS, sources with
PSD permit applications that meet one of the following conditions would
be allowed to give a demonstration that the source requesting the
permit does not cause or contribute to a violation of the NAAQS based
on the previous 1997 primary annual PM2.5 standard instead
of the revised 2012 standard: (1) Applications that have been
determined to be complete on or before December 14, 2012; or (2)
applications for which public notice of a draft permit or preliminary
determination has been published as of the effective date of the
revised 2012 PM2.5 NAAQS (March 18, 2013).
    For the 2015 8-hour ozone NAAQS revision, sources with PSD permit
applications that meet one of the following conditions would be allowed
to give a demonstration that the source requesting the permit does not
cause or contribute to a violation of the NAAQS based on the previous
2008 8-hour ozone standard, instead of the revised 2015 standard: (1)
Applications for which the reviewing authority has formally determined
that the application is complete on or before October 1, 2015; or (2)
applications for which the reviewing authority has first published a
public notice of the draft permit or preliminary determination before
the effective date of the revised 2015 8-hour ozone NAAQS (December 28,
2015).
    By revising the IBR date of 40 CFR 52.21 to February 17, 2016,
Mississippi's June 7, 2016 SIP revision incorporates both the 2012
annual PM2.5 and 2015 8-hour ozone grandfathering provisions
for the PSD program.

C. PM2.5 Condensables Correction Rule

    On May 16, 2008, EPA finalized a rule titled ``Implementation of
the New Source Review (NSR) Program for Particulate Matter Less Than
2.5 Micrometers (PM2.5),'' Final Rule, 73 FR 28321 (May 16,
2008) (hereinafter referred to as the 2008 NSR PM2.5 Rule).
The 2008 NSR PM2.5 Rule revised the Federal NSR program
requirements to establish the framework for implementing
preconstruction permit review for the PM2.5 NAAQS in both
attainment and NAAs. Among other things, the rule revised the
definition of ``regulated NSR pollutant'' for PSD to add a paragraph
providing that ``particulate matter (PM) emissions, PM2.5
emissions and PM10 emissions shall include gaseous emissions
from a source or activity which condense to form particulate matter at
ambient temperatures'' and that on or after January 1, 2011, ``such
condensable particulate matter shall be accounted for in applicability
determinations and in establishing emissions limitations for PM,
PM2.5 and PM10 in permits.'' See 73 FR 28321 at
28348. A similar paragraph added to the nonattainment new source review
(NNSR) rule does not include ``particulate matter (PM) emissions.'' See
40 CFR 51.165(a)(1)(xxxvii)(D).
    On October 25, 2012, EPA took final action to amend the definition
of ``regulated NSR pollutant'' promulgated in the 2008 NSR
PM2.5 Rule regarding the PM condensable provision at 40 CFR
51.166(b)(49)(vi), 52.21(b)(50)(i) and Appendix S to 40 CFR 51. See 77
FR 65107. The PM2.5 Condensables Correction Rule removed the
inadvertent requirement in the 2008 NSR PM2.5 Rule that the
measurement of condensable particulate matter be included as part of
the measurement and regulation of ``particulate matter emissions''
under the PSD program. The term ``particulate matter emissions''
includes filterable particles that are larger than PM2.5 or
PM10 and is an indicator measured under various New Source
Performance Standards (NSPS). See 40 CFR part 60.\8\
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    \8\ In addition to the NSPS, states regulated ``particulate
matter emissions'' for many years in their SIPs for PM, and the same
indicator has been used as a surrogate for determining compliance
with certain standards contained in 40 CFR part 63, regarding
National Emission Standards for Hazardous Air Pollutants.
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    By revising the IBR date of 40 CFR 52.21 to February 17, 2016,
Mississippi's June 7, 2016 SIP revision captures the PM2.5
Condensables Correction Rule promulgated by EPA on October 25, 2012.
See 77 FR 65107.

III. Analysis of State's Submittal

    Mississippi currently has a SIP-approved NSR program for PSD at 11-
MAC-Part 2-5, including the regulation of GHGs under Step 1 and Step 2
of the GHG Tailoring Rule. The June 7, 2016 submittal revises the PSD
regulations by changing the incorporation by reference date of 40 CFR
52.21 and 40 CFR 51.166 at 11-MAC-Part 2-5 Rule 5.1 and Rule 5.2 from
November 4, 2011, to February 17, 2016.\9\ The effect of changing this
incorporation by reference date at 40 CFR 52.21 is to include four
changes to the PSD rules: (1) The adoption of GHG PAL provisions
pursuant to the GHG Step 3 Rule; (2) the removal of permitting
requirements for Step 2 sources; (3) the incorporation of 2012
PM2.5 and 2015 8-hour ozone NAAQS grandfathering provisions;
and (4) the incorporation of the correction to the PM2.5
condensables provision as promulgated in the PM2.5
Condensables Correction Rule.
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    \9\ As noted above, 11-MAC-Part 2-5 incorporates by reference 40
CFR 52.21 with the exceptions noted in Rule 5.2 and incorporates by
reference 40 CFR 51.166(f) and (q) with the exceptions noted in Rule
5.4.
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    Mississippi's June 7, 2016 SIP revision seeks to add to the SIP
elements of the EPA's July 12, 2012 rule implementing Step 3 of the
phase-in of PSD permitting requirements for GHGs described in the GHG
Step 3 Rule. Specifically, the incorporation of the GHG Step 3 Rule
provisions will allow GHG-emitting sources to obtain PALs for their GHG
emissions on a CO2e basis. As explained in Section II.A above, a PAL
establishes a site-specific plantwide emission level for a pollutant,
which allows the source to make changes to individual units at the
facility without triggering the requirements of the PSD program,
provided that facility-wide emissions do not exceed the PAL.
    The Federal GHG PAL regulations include provisions that apply
solely to GHG-only, or Step 2, sources. Some of these provisions may no
longer be applicable in light of the Supreme Court's decision in UARG
and the D.C. Circuit's Amended Judgment. Since the Supreme Court has
determined that sources and modifications may not be defined as
``major'' solely on the basis of GHGs emitted or increased, PALs for
GHGs may no longer have value in some situations where a source might
have triggered PSD based on GHG emissions alone. EPA has proposed
action in an October 3, 2016 proposed rule to clarify the GHG PAL
rules. See 81 FR 68110. However, PALs for GHGs may still have a role to
play in determining whether a

source that is already subject to PSD for a pollutant other than GHGs
should also be subject to PSD for GHGs.
    Moreover, the existing GHG PALs regulations do not add new
requirements for sources or modifications that only emit or increase
greenhouse gases above the major source threshold or the 75,000 ton per
year GHG level in 40 CFR 52.21(b)(49)(iv). Rather, the PALs provisions
provide increased flexibility to sources that wish to address their GHG
emissions in a PAL. Since this flexibility may still be valuable to
sources in at least one context described above, the Agency believes
that it is appropriate to approve these provisions into the Mississippi
SIP at this time.
    Mississippi's June 7, 2016 submittal incorporates the Federal PSD
provisions as of February 17, 2016, which is after the UARG decision,
the D.C. Circuit's Amended Judgment, and EPA's August 19, 2015 Good
Cause GHG Rule. Therefore, Mississippi incorporates fixes to the
Federal rules to discontinue regulation of GHG-only, or Step 2, sources
with this SIP revision. EPA is approving the removal of the regulation
of Step 2 sources with this action.
    EPA has concluded that approving these changes into the SIP will
not interfere with any applicable requirement concerning attainment and
reasonable further progress (as defined in section 171), or any other
applicable requirement of the CAA. Step 2 of the GHG Tailoring Rule was
invalidated. EPA discussed the effects of PALs in the Supplemental
Environmental Analysis of the Impact of the 2002 Final NSR Improvement
Rules (November 21, 2002) (Supplemental Analysis). The Supplemental
Analysis explained, ``[t]he EPA expects that the adoption of PAL
provisions will result in a net environmental benefit. Our experience
to date is that the emissions caps found in PAL-type permits result in
real emissions reductions, as well as other benefits.'' Supplemental
Analysis at 6; see also 76 FR 49313, 49315 (August 10, 2011). EPA is
therefore approving the PALs provisions into the Mississippi SIP, as
incorporated by reference.
    Mississippi's June 7, 2016 SIP revision also incorporates revisions
to the PSD permitting requirements for both the 2012 primary annual
PM2.5 (See 78 FR 3086 (January 15, 2013)) and the 2015 ozone
8-hour (See 80 FR 65292 (October 26, 2015)) NAAQS. The new
incorporation by reference date adds limited grandfathering provisions
for both standards that allows sources who are eligible to meet the
previous standard for these NAAQS instead of the newly promulgated
standards. EPA is approving these grandfathering provisions of the 2012
primary annual PM2.5 and the 2015 8-hour ozone NAAQS, as
incorporated by reference. EPA has concluded that this change will not
interfere with any applicable requirement concerning attainment and
reasonable further progress (as defined in section 171), or any other
applicable requirement of the CAA. The rationale for allowing states to
include these grandfathering provisions into their SIPs is discussed in
detail at 78 FR 3086 (January 15, 2013) (2012 primary annual
PM2.5 NAAQS) and 80 FR 65292 (October 26, 2015) (2015 8-hour
ozone NAAQS). EPA is therefore approving these grandfathering
provisions into the Mississippi SIP, as incorporated by reference.
    Finally, by changing the incorporation by reference date for 11-
MAC-Part 2-5 in the SIP revision, Mississippi also adopts changes made
by EPA in the PM2.5 Condensables Correction Rule. See 77 FR
65107 (October 25, 2012). As explained in Section II.C, the Federal
rule corrected an inadvertent error in the definition of ``regulated
NSR pollutant'' at 40 CFR 52.21(b)(50). EPA has concluded that this
change will not interfere with any applicable requirement concerning
attainment and reasonable further progress (as defined in section 171),
or any other applicable requirement of the CAA, and is approving this
revision to the Mississippi SIP.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Rule 5.1 and
Rule 5.2 at Mississippi Administrative Code, Title 11, Part 2, Chapter
5, entitled ``Regulations for the Prevention of Significant
Deterioration of Air Quality,'' effective May 28, 2016, which revises
PSD rules.\10\ Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference by the Director of the
Federal Register in the next update to the SIP compilation.\11\ EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and/or at the EPA Region 4 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).
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    \10\ See footnotes 3 and 5 for additional detail.
    \11\ 62 FR 27968 (May 22, 1997).
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V. Final Action

    EPA is taking a direct final action to approve the portion of
Mississippi's June 7, 2016 SIP revision to update the IBR date for the
Federal requirements of the PSD program. This SIP revision is intended
to make Mississippi's state permitting rule consistent with the Federal
requirements, as promulgated by EPA. The June 7, 2016 SIP submission
updates the IBR date at 11-MAC-Part 2-5 to February 17, 2016, for the
Federal PSD permitting regulations at 40 CFR 52.21 and 51.166. By
revising the IBR date, this SIP revision modifies the existing GHG PSD
permitting program and incorporates PSD provisions related to the 2012
primary annual PM2.5 and 2015 8-hour ozone NAAQS.
    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective October 10, 2017
without further notice unless the Agency receives adverse comments by
September 7, 2017.
    If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All adverse comments received will then be addressed
in a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on October 10, 2017 and no
further action will be taken on the proposed rule.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond

those imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 10, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Volatile
organic compounds.

    Dated: July 25, 2017.
 V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart Z--Mississippi

0
2. Section 52.1270(c) is amended by adding in alphanumerical order the
undesignated heading ``11-MAC--Part 2-5 Regulations for the Prevention
of Significant Deterioration of Air Quality'' and entries for ``Rule
5.1'' and ``Rule 5.2'' to read as follows:

Sec.  52.1270  Identification of plan.

* * * * *
    (c) * * *

                                      EPA-Approved Mississippi Regulations
----------------------------------------------------------------------------------------------------------------
                                                      State
    State               Title/subject               effective        EPA approval date           Explanation
  citation                                            date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
           11-MAC--Part 2-5 Regulations for the Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
Rule 5.1....  Purpose of this regulation.......       5/28/2016  8/8/2017, [Insert          The version of Rule
                                                                  citation of publication].  5.1 in the SIP does
                                                                                not incorporate by
                                                                                reference: (1) The
                                                                                provisions amended
                                                                                in the Ethanol Rule
                                                                                (published in the
                                                                                Federal Register
                                                                                May 1, 2007) to
                                                                                exclude facilities
                                                                                that produce
                                                                                ethanol through a
                                                                                natural
                                                                                fermentation
                                                                                process from the
                                                                                definition of
                                                                                ``chemical process
                                                                                plants'' in the
                                                                                major NSR source
                                                                                permitting program
                                                                                found at 40 CFR
                                                                                52.21(b)(1)(i)(a)
                                                                                and (b)(1)(iii)(t),
                                                                                or (2) the
                                                                                provisions at 40
                                                                                CFR 52.21(b)(2)(v)
                                                                                and (b)(3)(iii)(c)
                                                                                that were stayed
                                                                                indefinitely by the
                                                                                Fugitive Emissions
                                                                                Interim Rule
                                                                                (published in the
                                                                                Federal Register
                                                                                March 30, 2011). As
                                                                                discussed in
                                                                                [Insert citation of
                                                                                publication], EPA
                                                                                approved renaming
                                                                                and reformatting
                                                                                changes to the
                                                                                State's SIP-
                                                                                approved PSD
                                                                                regulations via a
                                                                                July 20, 2017,
                                                                                Letter Notice.

Rule 5.2....  Adoption of Federal Rules by            5/28/2016  8/8/2017, [Insert          The version of Rule
               Reference.                                         citation of publication].  5.2 in the SIP does
                                                                                not incorporate by
                                                                                reference: (1) The
                                                                                provisions amended
                                                                                in the Ethanol Rule
                                                                                (published in the
                                                                                Federal Register
                                                                                May 1, 2007) to
                                                                                exclude facilities
                                                                                that produce
                                                                                ethanol through a
                                                                                natural
                                                                                fermentation
                                                                                process from the
                                                                                definition of
                                                                                ``chemical process
                                                                                plants'' in the
                                                                                major NSR source
                                                                                permitting program
                                                                                found at 40 CFR
                                                                                52.21(b)(1)(i)(a)
                                                                                and (b)(1)(iii)(t),
                                                                                or (2) the
                                                                                provisions at 40
                                                                                CFR 52.21(b)(2)(v)
                                                                                and (b)(3)(iii)(c)
                                                                                that were stayed
                                                                                indefinitely by the
                                                                                Fugitive Emissions
                                                                                Interim Rule
                                                                                (published in the
                                                                                Federal Register
                                                                                March 30, 2011). As
                                                                                discussed in
                                                                                [Insert citation of
                                                                                publication], EPA
                                                                                approved renaming
                                                                                and reformatting
                                                                                changes to the
                                                                                State's SIP-
                                                                                approved PSD
                                                                                regulations via a
                                                                                July 20, 2017
                                                                                Letter Notice.

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

* * * * *
[FR Doc. 2017-16616 Filed 8-7-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 192 (Wednesday, October 3, 2012)]
[Notices]
[Page 60419]
[FR Doc No: 2012-24346]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13519-001]

Lock + Hydro Friends Fund XIX, LLC; Notice of Intent To File
License Application, Filing of Pre-Application Document, and Approving
Use of the Traditional Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 13519-001.
    c. Date Filed: August 7, 2012.
    d. Submitted By: Lock + Hydro Friends Fund XIX, LLC.
    e. Name of Project: Claiborne Hydroelectric Project.
    f. Location: At the U.S. Army Corps of Engineers' (Corps) Claiborne
Lock and Dam on the Alabama River, in Monroe County, Alabama. The
project would occupy approximately 3 acres of United States lands
administered by the Corps.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Mark R. Stover, Vice President of
Corporate Affairs, Hydro Green Energy, LLC, 900 Oakmont Lane, Suite
310, Westmont, IL 60559;<PHONE_NUMBER> x 711<EMAIL_ADDRESS>    i. FERC Contact: Rachel McNamara at<PHONE_NUMBER>l or email at
<EMAIL_ADDRESS>    j. Lock + Hydro Friends Fund XIX, LLC filed its request to use the
Traditional Licensing Process on August 7, 2012. Lock + Hydro Friends
Fund XIX, LLC provided public notice of its request on August 9, 2012.
In a letter dated September 27, 2012, the Director of the Division of
Hydropower Licensing approved Lock + Hydro Friends Fund XIX, LLC's
request to use the Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service and NOAA Fisheries under section
7 of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR, Part 402; (b) NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920; and (c) the Alabama State
Historic Preservation Officer, as required by section 106, National
Historical Preservation Act, and the implementing regulations of the
Advisory Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Lock + Hydro Friends Fund
XIX as the Commission's non-federal representative for carrying out
informal consultation, pursuant to section 7 of the Endangered Species
Act, section 305 of the Magnuson-Stevens Fishery Conservation and
Management Act, and section 106 of the National Historic Preservation
Act.
    m. Lock + Hydro Friends Fund XIX, LLC filed a Pre-Application
Document (PAD; including a proposed process plan and schedule) with the
Commission, pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(http://www.ferc.gov), using the ``eLibrary'' link. Enter the docket
number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in paragraph h.
    o. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: September 27, 2012.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2012-24346 Filed 10-2-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Rules and Regulations]
[Page 31886]
[FR Doc No: 2018-14699]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0610]

Drawbridge Operation Regulation; New Jersey Intracoastal Waterway
(NJICW), Atlantic City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the US40-322 (Albany Avenue) Bridge
across the New Jersey Intracoastal Waterway (NJICW) (Inside Thorofare),
mile 70.0, at Atlantic City, NJ. The deviation is necessary to
accommodate the free movement of pedestrians and vehicles during the
8th Annual Atlantic City Triathlon. This deviation allows the bridge to
remain in the closed-to-navigation position.

DATES: The deviation is effective from 6 a.m. to 1 p.m. on August 11,
2018.

ADDRESSES: The docket for this deviation, [USCG-2018-0610] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Martin Bridges, Bridge
Administration Branch Fifth District, Coast Guard, telephone 757-398-
6422, email [email protected].

SUPPLMENTARY INFORMATION: The event director, DelMoSports, LLC, with
approval from the New Jersey Department of Transportation, who owns and
operates the US40-322 (Albany Avenue) Bridge across the NJICW (Inside
Thorofare), mile 70.0, at Atlantic City, NJ, has requested a temporary
deviation from the current operating regulations. This temporary
deviation is necessary to accommodate the free movement of pedestrians
and vehicles during the 8th Annual Atlantic City Triathlon. The bridge
is a double bascule bridge and has a vertical clearance in the closed
position of 10 feet above mean high water.
    The current operating schedule is set out in 33 CFR 117.733 (f).
Under this temporary deviation, the bridge will be maintained in the
closed-to-navigation position from 6 a.m. to 1 p.m. on August 11, 2018.
The NJICW (Inside Thorofare) is used by recreational vessels. The Coast
Guard has carefully coordinated the restrictions with waterway users in
publishing this temporary deviation.
    Vessels able to pass through the bridge in the closed position may
do so at anytime. The bridge will be able to open for emergencies and
there is no immediate alternate route for vessels unable to pass
through the bridge in the closed position. The Coast Guard will also
inform the users of the waterway through our Local and Broadcast Notice
to Mariners of the change in operating schedule for the bridge so that
vessels can arrange their transits to minimize any impacts caused by
the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: July 3, 2018.
Hal R. Pittsn,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2018-14699 Filed 7-9-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Rules and Regulations]
[Pages 11580-11583]
[FR Doc No: 2015-04391]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2014-0147; FRL-9923-78-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation Request and Associated Maintenance Plan for
the Reading, Pennsylvania Nonattainment Area for the 1997 Annual Fine
Particulate Matter Standard, and 2007 Base Year Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving the
Commonwealth of Pennsylvania's request to redesignate to attainment the
Reading, Pennsylvania Nonattainment Area (Reading Area or Area) for the
1997 annual fine particulate matter (PM2.5) national ambient
air quality standard (NAAQS). EPA has determined that the Reading Area
attained the standard and that it continues to attain the standard. In
addition, EPA is approving, as a revision to the Pennsylvania State
Implementation Plan (SIP), the Reading Area maintenance plan to show
maintenance of the 1997 annual PM2.5 NAAQS through 2025 for
the Area. The maintenance plan includes the 2017 and 2025
PM2.5 and nitrogen oxides (NOX) mobile vehicle
emissions budgets (MVEBs) for the Reading Area for the 1997 annual
PM2.5 NAAQS, which EPA is approving and finding adequate for
transportation conformity purposes. EPA is also approving the
comprehensive emissions inventory for the 1997 annual PM2.5
NAAQS for the Reading Area. These actions are being taken under the
Clean Air Act (CAA).

DATES: This final rule is effective on March 4, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0147. All documents in the docket are listed in
the www.regulations.gov Web site. 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
Pennsylvania Department of Environmental Protection, Bureau of Air
Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.

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

I. Background

    On November 25, 2013, the Commonwealth of Pennsylvania, through the
Pennsylvania Department of Environmental Protection (PADEP), formally
submitted a request to redesignate the Reading Area from nonattainment
to attainment for the 1997 annual PM2.5 NAAQS. Concurrently,
PADEP submitted a maintenance plan for the Area as a SIP revision to
ensure continued attainment throughout the Area over the next 10 years.
The maintenance plan includes the 2017 and 2025 PM2.5 and
NOX MVEBs for the Area for the 1997 annual PM2.5
NAAQS, which EPA is approving for transportation conformity purposes.
PADEP also submitted a 2007 comprehensive emissions inventory for the
1997 annual PM2.5 NAAQS for PM2.5,
NOX, sulfur dioxide (SO2), volatile organic
compounds (VOC), and ammonia (NH3).
    On December 22, 2014 (79 FR 76251), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. In the
NPR, EPA proposed approval of Pennsylvania's November 25, 2013 request
to redesignate the Reading Area to attainment for the 1997 annual
PM2.5 NAAQS, including the associated maintenance plan for
the Reading Area, the 2017 and 2025 PM2.5 and NOX
MVEBs, which EPA proposed to approve and find adequate for purposes of
transportation conformity, and the 2007 emissions inventory to meet the
emissions inventory requirement of section 172(c)(3) of the CAA.
    The details of Pennsylvania's submittal and the rationale for EPA's
proposed actions are explained in the NPR and will not be restated
here. No public comments were received on the NPR.

II. Final Action

    EPA is taking final actions on the redesignation request and SIP
revision submitted by the Commonwealth of Pennsylvania on November 25,
2013 for the Reading Area for the 1997 annual PM2.5 NAAQS.
EPA is approving Pennsylvania's redesignation request for the 1997
annual PM2.5 NAAQS, because EPA has determined that the
request meets the redesignation criteria set forth in section
107(d)(3)(E) of the CAA for this standard. EPA finds that the
monitoring data demonstrates that the Area has attained the 1997
PM2.5 NAAQS, and continues to attain the NAAQS. EPA is also
approving the associated maintenance plan for the Reading Area as a
revision to the Pennsylvania SIP for the 1997 annual PM2.5
NAAQS because it meets the requirements of section 175A of the CAA. EPA
is also approving and finding adequate the 2017 and 2025
PM2.5 and NOX MVEBs submitted by Pennsylvania for
the Reading Area for transportation conformity purposes. Finally, EPA
is approving the 2007 emissions inventory to meet section 172(c)(3) of
the CAA. Approval of this redesignation request will change the
official designation of the Reading Area from nonattainment to
attainment for the 1997 annual PM2.5 NAAQS.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for this action to become effective immediately upon publication. A
delayed effective date is unnecessary due to the nature of a
redesignation to attainment, which eliminates CAA obligations that
would otherwise apply. The immediate effective date for this action is
authorized under both 5 U.S.C. 553(d)(1), which provides that
rulemaking actions may become effective less than 30 days after
publication if the rule ``grants or recognizes an exemption or relieves
a restriction,'' and section 553(d)(3), which allows an effective date
less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' The purpose
of the 30-day waiting period prescribed in section 553(d) is to give
affected parties a reasonable time to adjust their behavior and prepare
before the final rule takes effect. Today's rule, however, does not
create any new regulatory requirements such that affected parties would
need time to prepare before the rule takes effect. Rather, today's rule
relieves the Commonwealth of Pennsylvania of the obligation to comply
with nonattainment-related planning requirements for the Area pursuant
to Part D of the CAA and approves certain emissions inventories and
MVEBs for the Area. For these reasons, EPA finds good cause under 5
U.S.C. 553(d) for this action to become effective on the date of
publication of this notice.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of a geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application of requirements contained in the CAA for areas that
have been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);

     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 4, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action.
    This action, approving the redesignation request and maintenance
plan, and comprehensive emissions inventory for the Reading Area for
the 1997 annual PM2.5 NAAQS may not be challenged later in
proceedings to enforce its requirements. See section 307(b)(2).

List of Subjects

40 CFR part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen oxides, Particulate matter, Reporting and
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.

40 CFR part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: February 9, 2015.
William C. Early,
Acting Regional Administrator,Region III.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding
an entry for 1997 Annual PM2.5 Maintenance Plan and 2007
Base Year Emissions Inventory at the end of the table. The added text
reads as follows:

Sec.  52.2020  Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

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

                                                  * * * * * * *
1997 Annual PM2.5 Maintenance     Reading Area (Berks           11/25/14  3/4/15 [Insert      See Sec.
 Plan and 2007 Base Year           County).                                Federal Register    52.2036(s) and
 Emissions Inventory.                                                      citation].          Sec.
                                                                                52.2059(n).
----------------------------------------------------------------------------------------------------------------

0
3. Section 52.2036 is amended by adding paragraph (s) to read as
follows:

Sec.  52.2036  Base year emissions inventory.

* * * * *
    (s) EPA approves as revisions to the Pennsylvania State
Implementation Plan the 2007 base year emissions inventory for the
Reading 1997 annual fine particulate matter (PM2.5)
nonattainment area submitted by the Pennsylvania Department of
Environmental Protection on November 25, 2014. The emissions inventory
includes emissions estimates that cover the general source categories
of point, area, nonroad, and onroad sources. The pollutants that
comprise the inventory are PM2.5, nitrogen oxides
(NOX), volatile organic compounds (VOCs), ammonia
(NH3), and sulfur dioxide (SO2).
0
4. Section 52.2059 is amended by adding paragraph (n) to read as
follows:

Sec.  52.2059  Control strategy: Particular matter.

* * * * *
    (n) EPA approves the maintenance plan for the Reading nonattainment
area for the 1997 annual PM2.5 NAAQS submitted by the
Commonwealth of Pennsylvania on November 25, 2014. The maintenance plan
includes the 2017 and 2025 PM2.5 and NOX mobile
vehicle emissions budgets (MVEBs) for Berks County to be applied to all
future transportation conformity determinations and analyses for the
Reading nonattainment area for the 1997 annual PM2.5 NAAQS.

         Reading Area's Motor Vehicle Emission Budgets for the 1997 Annual PM2.5 NAAQS in Tons per Year
----------------------------------------------------------------------------------------------------------------
                                                                                Effective date of
    Type of control strategy SIP             Year              PM2.5               NOX            SIP approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan....................               2017                200              5,739             3/4/15

                                                   2025                146              3,719             3/4/15
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for Part 81 continues to read as follows:

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

0
2. Section 81.339 is amended by revising the 1997 Annual
PM2.5 NAAQS table entry for the Reading Area to read as
follows:

Sec.  81.339  Pennsylvania.

* * * * *

                                      Pennsylvania--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                             Designation \a\                           Classification
       Designated Area        ----------------------------------------------------------------------------------
                                      Date \1\                Type               Date \2\             Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Reading, PA:
    Berks County.............  March 4, 2015........  Attainment..........

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *
[FR Doc. 2015-04391 Filed 3-3-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Notices]
[Pages 2333-2334]
[FR Doc No: 2019-01223]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0100]

Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on November 15, 2018, Norfolk
Southern Railway Company (NS), petitioned the Federal Railroad
Administration (FRA) for a waiver of compliance from certain provisions
of the Federal railroad safety regulations contained at 49 CFR part
232, Brake System Safety Standards for Freight and Other Non-Passenger
Trains and Equipment; End-of-Train Devices. FRA

assigned the petition Docket Number FRA-2018-0100.
    Specifically, NS proposes to create a 3D simulation using web-based
software to satisfy the ``hands-on'' portion of the training required
by 49 CFR 232.203(e), in connection with periodic refresher training.
Refresher training is required at intervals not to exceed 3 years, and
shall consist of classroom and hands-on training, as well as testing.
NS states that due to the velocity of their operations network, it is
often difficult to provide a consistent training and testing
environment regarding car selection, defects, and availability.
Further, NS contends that this proposal's one-on-one training will be
more conducive to learning than a group setting.
    The NS proposal will simulate a Class I Brake Test and places the
user in a virtual 3D scenario requiring concrete responses to an array
of preprogrammed defects on various types of freight cars and brake
systems while performing the brake test. To successfully complete the
scenario, the user must identify key components and identify and
correct all defects, including but not limited to closed cut-out cocks,
uncoupled air hoses, closed angle cocks, wrongly positioned retainer
valves, and fouled brake rigging.
    NS seeks to apply this waiver system wide to all NS craft personnel
responsible for performing freight air brakes tests, including
supervisors, freight car repair personnel, and conductors.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE, W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by March 25, 2019 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2019-01223 Filed 2-5-19; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 76, Number 89 (Monday, May 9, 2011)]
[Notices]
[Pages 26719-26720]
[FR Doc No: 2011-11232]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR10-126-001]

The East Ohio Gas Company; Notice of Filing

    Take notice that on April 29, 2011, The East Ohio Gas Company filed
a revised Statement of Operating Conditions to comply with an
unpublished Delegated letter order issued on April 19, 2011.
    Any person desiring to participate in this rate filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the

Web site that enables subscribers to receive e-mail notification when a
document is added to a subscribed docket(s). For assistance with any
FERC Online service, please e-mail<EMAIL_ADDRESS>or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 10, 2011.

    Dated: May 3, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-11232 Filed 5-6-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 25, 2011 (Volume 76, Number 38)]
[Notices]
[Page 10580]
[DOCID:fr25fe11-46]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12495-001]

Cascade Creek, LLC; Notice of Draft License Application and
Preliminary Draft Environmental Assessment (PDEA) and Request For
Preliminary Terms and Conditions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Major Unconstructed Project, Alternative
Licensing Process.
    b. Project No.: 12495-001.
    c. Date Filed: February 11, 2011.
    d. Applicant: Cascade Creek, LLC.
    e. Name of Project: Cascade Creek Hydroelectric Project.
    f. Location: On Swan Lake and Cascade Creek, approximately 15 miles
northeast of Petersburg, Alaska. The project would occupy lands of the
Tongass National Forest.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Chris Spens, Licensing Manager, Cascade
Creek, LLC, 3633 Alderwood Ave., Bellingham, WA 98225;<PHONE_NUMBER>,
e-mail<EMAIL_ADDRESS>    i. FERC Contact: Dianne Rodman, at<PHONE_NUMBER>.
    j. Status of Project: With this notice the Commission is soliciting
(1) preliminary terms, conditions, and recommendations on the
Preliminary Draft Environmental Assessment (DEA), and (2) comments on
the Draft License Application.
    k. Deadline for Filing: 90 days from the issuance of this notice.
    All comments on the Preliminary DEA and Draft License Application
should be sent to the addresses noted above in Item (h), and filed with
FERC. Comments may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/
ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    All comments must include the project name and number and bear the
heading Preliminary Comments, Preliminary Recommendations, Preliminary
Terms and Conditions, or Preliminary Prescriptions.
    l. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number, excluding the last three digits, in the
docket number field to access the document. For assistance, contact
FERC Online Support.
    You may also register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    Cascade Creek, LLC has provided the Preliminary DEA and Draft
License Application to interested entities and parties. These documents
are also available for review at the applicant's Web site (http://
www.thomasbayhydro.com) and the Petersburg Public Library in Alaska.
    m. With this notice, we are initiating consultation with the Alaska
State Historic Preservation Officer (SHPO), as required by section 106,
National Historic Preservation Act, and the regulations of the Advisory
Council on Historic Preservation, 36 CFR 800.4.

    Dated: February 18, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-4259 Filed 2-24-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Rules and Regulations]
[Pages 18084-18087]
[FR Doc No: 2015-07505]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 95

[Docket No. 31012; Amdt. No. 519]

IFR Altitudes; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION:  Final rule.

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

SUMMARY: This amendment adopts miscellaneous amendments to the required
IFR (instrument flight rules) altitudes and changeover points for
certain Federal airways, jet routes, or direct routes for which a
minimum or maximum en route authorized IFR altitude is prescribed. This
regulatory action is needed because of changes occurring in the
National Airspace System. These changes are designed to provide for the
safe and efficient use of the navigable airspace under instrument
conditions in the affected areas.

DATES: Effective Date: 0901 UTC, April 30, 2015.

FOR FURTHER INFORMATION CONTACT: Harry Hodges, Flight Procedure
Standards Branch (AMCAFS-420), Flight Technologies and Programs
Division, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd. Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This amendment to part 95 of the Federal
Aviation Regulations (14 CFR part 95) amends, suspends, or revokes IFR
altitudes governing the operation of all aircraft in flight over a
specified route or any portion of that route, as well as the changeover
points (COPs) for Federal airways, jet routes, or direct routes as
prescribed in part 95.

The Rule

    The specified IFR altitudes, when used in conjunction with the
prescribed changeover points for those routes, ensure navigation aid
coverage that is adequate for safe flight operations and free of
frequency interference. The reasons and circumstances that create the
need for this amendment involve matters of flight safety and
operational efficiency in the National Airspace System, are related to
published aeronautical charts that are essential to the user, and
provide for the safe and efficient use of the navigable airspace. In
addition, those various reasons or

circumstances require making this amendment effective before the next
scheduled charting and publication date of the flight information to
assure its timely availability to the user. The effective date of this
amendment reflects those considerations. In view of the close and
immediate relationship between these regulatory changes and safety in
air commerce, I find that notice and public procedure before adopting
this amendment are impracticable and contrary to the public interest
and that good cause exists for making the amendment effective in less
than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 95

    Airspace, Navigation (air).

    Issued in Washington, DC on March 27, 2015.
John Duncan,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the
Administrator, part 95 of the Federal Aviation Regulations (14 CFR part
95) is amended as follows effective at 0901 UTC, April 30, 2015.

0
1. The authority citation for part 95 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44719, 44721.

0
2. Part 95 is amended to read as follows:

Sec. Sec.  95.4000, 95.4024, 95.6001, 95.6070, 95.6071, 95.6114,
95.6133, 95.6145, 95.6194, 95.6420, 95.6438, 95.6511, 95.6559, 95.6566,
95.7001, 95.7002, 95.7138, 95.7590, 95.8003  [AMENDED]

                                  Revisions to IFR Altitudes & Changeover Point
                                  [Amendment 519 effective date April 30, 2015]
----------------------------------------------------------------------------------------------------------------
                     From                                         To                        MEA          MAA
----------------------------------------------------------------------------------------------------------------
                                    Sec.   95.4000 High Altitude RNAV Routes
                            Sec.   95.4024 RNAV Route Q24 is Amended to Read in Part
----------------------------------------------------------------------------------------------------------------
Lake Charles, LA Vortac.......................  Fighting Tiger, LA Vortac.............      * 20000        45000
    * 18000--GNSS MEA
    * DME/DME/IRU MEA
Fighting Tiger, LA VORTAC.....................  Irube, MS WP..........................      * 20000        45000
    * 18000--GNSS MEA
    * DME/DME/IRU MEA
Irube, MS WP..................................  Paytn, AL FIX.........................      * 20000        45000
    * 18000--GNSS MEA
    * DME/DME/IRU MEA
----------------------------------------------------------------------------------------------------------------

               From                           To                 MEA
------------------------------------------------------------------------
                   Sec.   95.6001 Victor Routes--U.S.
    Sec.   95.6070 VOR Federal Airway V70 is Amended to Read in Part
------------------------------------------------------------------------
Lafayette, LA VORTAC.............  * Rosey, LA FIX.........         2100
    * 5000--MRA
* Rosey, LA FIX..................  Fighting Tiger, LA               2100
                                    VORTAC.
    * 5000--MRA
Fighting Tiger, LA VORTAC........  Picayune, MS VOR/DME....         2000
------------------------------------------------------------------------
    Sec.   95.6071 VOR Federal Airway V71 is Amended to Read in Part
------------------------------------------------------------------------
Fighting Tiger, LA VORTAC........  Wrack, LA FIX...........         2200
------------------------------------------------------------------------
    Sec.   95.6114 VOR Federal Airway V114 is Amended to Read in Part
------------------------------------------------------------------------
* Mikle, LA FIX..................  Fighting Tiger, LA               2000
                                    VORTAC.
    * 3000--MRA
Fighting Tiger, LA VORTAC........  Veils, LA FIX...........         2800
Veils, LA FIX....................  Reserve, LA VOR/DME.....         2000
------------------------------------------------------------------------
    Sec.   95.6133 VOR Federal Airway V133 is Amended to Read in Part
------------------------------------------------------------------------
* Ladin, MI FIX..................  Traverse City, MI VOR/        ** 5000
                                    DME.
    * 5000--MRA
    ** 2800--MOCA
------------------------------------------------------------------------
    Sec.   95.6145 VOR Federal Airway V145 is Amended to Read in Part
------------------------------------------------------------------------
Utica, NY VORTAC.................  Weepy, NY FIX...........       * 3400

    * 3000--MOCA
Weepy, NY FIX....................  Floor, NY FIX...........       * 3000
    * 2200--MOCA
Floor, NY FIX....................  Watertown, NY VORTAC....       * 3000
    * 2700--MOCA
Watertown, NY VORTAC.............  U.S. Canadian Border....       * 3000
    * 1800--MOCA
------------------------------------------------------------------------
    Sec.   95.6194 VOR Federal Airway V194 is Amended to Read in Part
------------------------------------------------------------------------
Lafayette, LA VORTAC.............  * Rosey, LA FIX.........         2100
    * 5000--MRA
* Rosey, LA FIX..................  Fighting Tiger, LA               2100
                                    VORTAC.
    * 5000--MRA
Fighting Tiger, LA VORTAC........  McComb, MS VORTAC.......         2300
------------------------------------------------------------------------
    Sec.   95.6420 VOR Federal Airway V420 is Amended to Read in Part
------------------------------------------------------------------------
Traverse City, MI VOR/DME........  Gaylord, MI VOR/DME.....        #3000
    #Traverse City R-062 Unusable
     Use Gaylord R-247
------------------------------------------------------------------------
    Sec.   95.6511 VOR Federal Airway V511 is Amended to Read in Part
------------------------------------------------------------------------
Lakeland, FL VORTAC..............  Hallr, FL FIX...........       * 4000
    * 2300--MOCA
------------------------------------------------------------------------
    Sec.   95.6559 VOR Federal Airway V559 is Amended to Read in Part
------------------------------------------------------------------------
Lafayette, LA VORTAC.............  Fighting Tiger, LA               2100
                                    VORTAC.
------------------------------------------------------------------------
    Sec.   95.6566 VOR Federal Airway V566 is Amended to Read in Part
------------------------------------------------------------------------
Veils, LA FIX....................  Reserve, LA VOR/DME.....         2000
------------------------------------------------------------------------
Sec.   95.6438 Alaska VOR Federal Airway V438 is Amended to Read in Part
------------------------------------------------------------------------
* Sures, AK FIX..................  Liber, AK FIX...........    #** 11000
    * 10000--MRA
    ** 8900--MOCA
    #MEA is Established With a
     Gap in Navigation Signal
     Coverage.
------------------------------------------------------------------------

                     From                                         To                        MEA          MAA
----------------------------------------------------------------------------------------------------------------
                                            Sec.   95.7001 Jet Routes
                             Sec.   95.7002 Jet Route J2 is Amended to Read in Part
----------------------------------------------------------------------------------------------------------------
Lake Charles, LA VORTAC.......................  Fighting Tiger, LA VORTAC.............        18000        45000
Fighting Tiger, LA VORTAC.....................  Semmes, AL VORTAC.....................        18000        45000
----------------------------------------------------------------------------------------------------------------
                            Sec.   95.7138 Jet Route J138 is Amended to Read in Part
----------------------------------------------------------------------------------------------------------------
Lake Charles, LA VORTAC.......................  Fighting Tiger, LA VORTAC.............        18000        45000
Fighting Tiger, LA VORTAC.....................  Semmes, AL VORTAC.....................        18000        45000
----------------------------------------------------------------------------------------------------------------
                            Sec.   95.7590 Jet Route J590 is Amended to Read in Part
----------------------------------------------------------------------------------------------------------------
Lake Charles, LA VORTAC.......................  Fighting Tiger, LA VORTAC.............        18000        45000
Fighting Tiger, LA VORTAC.....................  Greene County, MS VORTAC..............        18000        45000
----------------------------------------------------------------------------------------------------------------

                                    Airway segment                                          Changeover points
----------------------------------------------------------------------------------------------------------------
                     From                                         To                      Distance       From
----------------------------------------------------------------------------------------------------------------
                               Sec.   95.8003 VOR Federal Airway Changeover Point
                                   V285 is Amended to Delete Changeover Point
----------------------------------------------------------------------------------------------------------------
Manistee, MI VOR/DME..........................  Traverse City, MI VOR/DME.............           29
    Manistee
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-07505 Filed 4-2-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: January 12, 2009 (Volume 74, Number 7)]
[Notices]
[Page 1214]
[DOCID:fr12ja09-69]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-431-000]

The United Illuminating Company; Notice of Filing

January 5, 2009.
    Take notice that on December 19, 2008, The United Illuminating
Company (United Illuminating), pursuant to section 205 of the Federal
Power Act, filed an Interconnection Agreement, with Wheelabrator
Bridgeport, L.P., Service Agreement No. 24 under United Illuminating's
FERC Electric Tariff Second Revised Volume 4.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on January 12, 2009.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-251 Filed 1-9-09; 8:45 am]

BILLING CODE 6717-01-P