[Federal Register: August 7, 2009 (Volume 74, Number 151)]
[Proposed Rules]
[Page 39592-39597]
[DOCID:fr07au09-15]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 96

[EPA-R04-OAR-2009-0454; FRL-8942-3]

Approval and Promulgation of Air Quality Implementation Plans;
North Carolina; Clean Air Interstate Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision to the North Carolina
State Implementation Plan (SIP) submitted by the State of North
Carolina through the North Carolina Department of Environment and
Natural Resources on June 20, 2008. This revision addresses the
requirements of EPA's Clean Air Interstate Rule (CAIR). Although the DC
Circuit Court found CAIR to be flawed, the rule was remanded without
vacatur and thus remains in place. Thus, EPA is continuing to approve
CAIR provisions into SIPs as appropriate. CAIR, as promulgated,
requires States to reduce emissions of sulfur dioxide (SO2)
and nitrogen oxides (NOX) that significantly contribute to,
or interfere with maintenance of, the national ambient air quality
standards (NAAQS) for fine particulates and/or ozone in any downwind
state. CAIR establishes budgets for SO2 and NOX
for States that contribute significantly to nonattainment in downwind
States and requires the significantly contributing States to submit SIP
revisions that implement these budgets. States have the flexibility to
choose which control measures to adopt to achieve the budgets,
including participation in EPA-administered cap-and-trade programs
addressing SO2, NOX annual, and NOX
ozone season emissions. In the full SIP revision that EPA is proposing
to approve, North Carolina will meet CAIR requirements by participating
in these cap-and-trade programs. EPA is proposing to approve the full
SIP revision, as interpreted and clarified herein, as fully
implementing the CAIR requirements for North Carolina. Consequently,
this action will also cause the CAIR Federal Implementation Plans (CAIR
FIPs) concerning SO2, NOX annual, and
NOX ozone season emissions by North Carolina sources to be
automatically withdrawn.

DATES: Comments must be received on or before September 8, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2009-0454, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: EPA-R04-OAR-2009-0454, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2009-0454. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://
www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional

Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Steven Scofield, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number
is<PHONE_NUMBER>. Mr. Scofield can also be reached via electronic mail
at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Action is EPA Proposing to Take?
II. What is the Regulatory History of CAIR and the CAIR FIPs?
III. What are the General Requirements of CAIR and the CAIR FIPs?
IV. What are the Types of CAIR SIP Submittals?
V. Analysis of North Carolina's CAIR SIP Submittal
    A. State Budgets for Allowance Allocations
    B. CAIR Cap-and-Trade Programs
    C. Applicability Provisions
    D. NOX Allowance Allocations
    E. Allocation of NOX Allowances From Compliance
Supplement Pool
    F. Individual Opt-In Units
VI. Proposed Action
VII. Statutory and Executive Order Reviews

I. What Action Is EPA Proposing to Take?

    EPA is proposing to approve, the full SIP revision, submitted by
North Carolina on June 20, 2008, as interpreted and clarified herein
\1\ as meeting the applicable CAIR requirements by requiring certain
electric generating units (EGUs) to participate in the EPA-administered
CAIR cap-and-trade programs addressing SO2, NOX
annual, and NOX ozone season emissions. As a consequence of
the SIP approval, the CAIR FIPs concerning SO2,
NOX annual, and NOX ozone season emissions for
North Carolina are automatically withdrawn. If this proposal is
finalized, the automatic withdrawal will be reflected in the rule text
that will accompany the final rulemaking notice, and will delete and
reserve the provisions in Part 52 that establish the CAIR FIPs for
North Carolina sources.
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    \1\ On May 11, 2009, North Carolina submitted a letter of
clarification related to this SIP revision. This letter clarifies
the reference to ``NOX ozone season trading program'' in
15A North Carolina Administrative Code (NCAC) 02D.2401(b)(3)(4) was
intended to refer to the CAIR NOX ozone season trading
program. North Carolina also clarified the reference to ``oil'' in
15A NCAC 02D.2401(b)(3)(B) to mean fuel oil as that term is used in
40 CFR 96.4(b)(1)(i). Further, North Carolina acknowledged that the
reference to 40 CFR 96.4(b)(1)(iii) in 15 A NCAC 02D .2401(b)(3)(C)
is not a restriction on hours of operation but rather provides how a
unit's potential NOX mass emissions shall be calculated.
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II. What Is the Regulatory History of the CAIR and the CAIR FIPs?

    EPA published CAIR on May 12, 2005 (70 FR 25162). In this rule, EPA
determined that 28 States and the District of Columbia contribute
significantly to nonattainment and interfere with maintenance of the
NAAQS for fine particles (PM2.5) and/or 8-hour ozone in
downwind States in the eastern part of the country. As a result, EPA
required those upwind States to revise their SIPs to include control
measures that reduce emissions of SO2, which is a precursor
to PM2.5 formation, and/or NOX, which is a
precursor to both ozone and PM2.5 formation. For
jurisdictions that contribute significantly to downwind
PM2.5 nonattainment, CAIR sets annual State-wide emission
reduction requirements (i.e., budgets) for SO2 and annual
State-wide emission reduction requirements for NOX.
Similarly, for jurisdictions that contribute significantly to 8-hour
ozone nonattainment, CAIR sets State-wide emission reduction
requirements or budgets for NOX for the ozone season (May 1
to September 30). Under CAIR, States may implement these reduction
requirements by participating in the EPA-administered cap-and-trade
programs or by adopting any other control measures.
    CAIR explains to subject States what must be included in SIPs to
address the requirements of section 110(a)(2)(D) of the Clean Air Act
(CAA) with regard to interstate transport with respect to the 8-hour
ozone and PM2.5 NAAQS. EPA made national findings, effective
on May 25, 2005, that the States had failed to submit SIPs meeting the
requirements of section 110(a)(2)(D). The SIPs were due in July 2000, 3
years after the promulgation of the 8-hour ozone and PM2.5
NAAQS. These findings started a 2-year clock for EPA to promulgate a
FIP to address the requirements of section 110(a)(2)(D). Under CAA
section 110(c)(1), EPA may issue a FIP anytime after such findings are
made and must do so within two years unless a SIP revision correcting
the deficiency is approved by EPA before the FIP is promulgated.
    On April 28, 2006, EPA promulgated FIPs for all States covered by
CAIR in order to ensure the emissions reductions required by CAIR are
achieved on schedule. The CAIR FIPs require EGUs to participate in the
EPA-administered CAIR SO2, NOX annual, and
NOX ozone season trading programs, as appropriate. The CAIR
FIP SO2, NOX annual, and NOX ozone
season trading programs impose essentially the same requirements as,
and are integrated with, the respective CAIR SIP trading programs. The
integration of the FIP and SIP trading programs means that these
trading programs will work together to effectively create a single
trading program for each regulated pollutant (SO2,
NOX annual, and NOX ozone season) in all States
covered by the CAIR FIP or SIP trading program for that pollutant.
Further, as provided in a rule published by EPA on November 2, 2007, a
State's CAIR FIP is automatically withdrawn when EPA approves a SIP
revision, in its entirely and without any conditions, as fully meeting
the requirements of CAIR. Where only portions of the SIP revision are
approved, the corresponding portions of the FIP are automatically
withdrawn and the remaining portions of the FIP stay in place. Finally,
the CAIR FIPs also allow States to submit abbreviated SIP revisions
that, if approved by EPA, will automatically replace or supplement
certain CAIR FIP provisions (e.g., the methodology for allocating
NOX allowances to sources in the State), while the CAIR FIP
remains in place for all other provisions.
    On April 28, 2006, EPA published two additional CAIR-related final
rules that added the States of Delaware and New Jersey to the list of
States subject to CAIR for PM2.5 and announced EPA's final
decisions on reconsideration of five issues, without making any
substantive changes to the CAIR requirements. On October 19, 2007, EPA
amended CAIR and the CAIR FIPs to clarify the definition of
``cogeneration unit'' and thus the applicability of the CAIR trading
program to cogeneration units.
    EPA was sued by a number of parties on various aspects of CAIR, and
on July 11, 2008, the U.S. Court of Appeals for the District of
Columbia Circuit issued its decision to vacate and remand both CAIR and
the associated CAIR FIPs in their entirety. North Carolina v. EPA, 531
F.3d 836 (DC Cir. Jul. 11, 2008). However, in response to EPA's
petition for rehearing, the Court issued an order remanding CAIR to EPA
without vacating either CAIR or the CAIR FIPs. North Carolina v. EPA,
550 F.3d 1176 (DC Cir. Dec. 23, 2008). The Court thereby left CAIR in
place in order to ``temporarily preserve the environmental values
covered by CAIR'' until EPA replaces it with a rule consistent with the
Court's opinion. Id. at 1178. The Court directed EPA to ``remedy CAIR's
flaws'' consistent with its July 11, 2008 opinion, but declined to
impose a schedule on EPA for

completing that action. Id. Therefore, CAIR and the CAIR FIP are
currently in effect in North Carolina.

III. What are the General Requirements of CAIR and the CAIR FIPs?

    CAIR establishes State-wide emission budgets for SO2 and
NOX and is to be implemented in two phases. The first phase
of NOX reductions starts in 2009 and continues through 2014,
while the first phase of SO2 reductions starts in 2010 and
continues through 2014. The second phase of reductions for both
NOX and SO2 starts in 2015 and continues
thereafter. CAIR requires States to implement the budgets by either:
(1) Requiring EGUs to participate in the EPA-administered cap-and-trade
programs; or (2) adopting other control measures of the State's
choosing and demonstrating that such control measures will result in
compliance with the applicable State SO2 and NOX
budgets.
    The May 12, 2005 and April 28, 2006 CAIR rules provide model rules
that States must adopt (with certain limited changes, if desired) if
they want to participate in the EPA-administered trading programs. With
two exceptions, only States that choose to meet the requirements of
CAIR through methods that exclusively regulate EGUs are allowed to
participate in the EPA-administered trading programs. One exception is
for States that adopt the opt-in provisions of the model rules to allow
non-EGUs individually to opt into the EPA-administered trading
programs. The other exception is for States that include all non-EGUs
from their NOX SIP Call trading programs in their CAIR
NOX ozone season trading programs.

IV. What are the Types of CAIR SIP Submittals?

    States have the flexibility to choose the type of control measures
they will use to meet the requirements of CAIR. EPA anticipates that
most States will choose to meet the CAIR requirements by selecting an
option that requires EGUs to participate in the EPA-administered CAIR
cap-and-trade programs. For such States, EPA has provided two
approaches for submitting and obtaining approval for CAIR SIP
revisions. States may submit full SIP revisions that adopt the model
CAIR cap-and-trade rules. If approved, these SIP revisions will fully
replace the CAIR FIPs. Alternatively, States may submit abbreviated SIP
revisions. These SIP revisions will not replace the CAIR FIPs; however,
the CAIR FIPs provide that, when approved, the provisions in these
abbreviated SIP revisions will be used instead of or in conjunction
with, as appropriate, the corresponding provisions of the CAIR FIPs
(e.g., the NOX allowance allocation methodology).
    A State submitting a full SIP revision may either adopt regulations
that are substantively identical to the model rules or incorporate by
reference the model rules. CAIR provides that States may only make
limited changes to the model rules if the States want to participate in
the EPA-administered trading programs. A full SIP revision may change
the model rules only by altering their applicability and allowance
allocation provisions to:
    1. Include all NOX SIP Call trading sources that are not
EGUs under CAIR in the CAIR NOX ozone season trading
program;
    2. Provide for State allocation of NOX annual or ozone
season allowances using a methodology chosen by the State;
    3. Provide for State allocation of NOX annual allowances
from the compliance supplement pool (CSP) using the State's choice of
allowed, alternative methodologies; or
    4. Allow units that are not otherwise CAIR units to opt
individually into the CAIR SO2, NOX annual, or
NOX ozone season trading programs under the opt-in
provisions in the model rules.
    An approved CAIR full SIP revision addressing EGUs' SO2,
NOX annual, or NOX ozone season emissions will
replace the CAIR FIP for that State for the respective EGU emissions.
As discussed above, EPA approval in full, without any conditions, of a
CAIR full SIP revision causes the CAIR FIPs to be automatically
withdrawn.

V. Analysis of North Carolina's CAIR SIP Submittal

A. State Budgets for Allowance Allocations

    The CAIR NOX annual and ozone season budgets were
developed from historical heat input data for EGUs. Using these data,
EPA calculated annual and ozone season regional heat input values,
which were multiplied by 0.15 pounds per million British thermal unit
(lb/mmBtu) for phase 1, and 0.125 lb/mmBtu, for phase 2, to obtain
regional NOX budgets for 2009-2014 and for 2015 and
thereafter, respectively. EPA derived the State NOX annual
and ozone season budgets from the regional budgets using State heat
input data adjusted by fuel factors.
    The CAIR State SO2 budgets were derived by discounting
the tonnage of emissions authorized by annual allowance allocations
under the Acid Rain Program under title IV of the CAA. Under CAIR, each
allowance allocated in the Acid Rain Program for the years in phase 1
of CAIR (2010 through 2014) authorizes 0.50 ton of SO2
emissions in the CAIR trading program, and each Acid Rain Program
allowance allocated for the years in phase 2 of CAIR (2015 and
thereafter) authorizes 0.35 ton of SO2 emissions in the CAIR
trading program.
    In today's action, EPA is proposing to approve North Carolina's SIP
revision that adopts the budgets established for the State in CAIR.
These budgets are 62,183 tons for NOX annual emissions from
2009 through 2014, and 51,819 tons from 2015 and thereafter; 28,392
tons for NOX ozone season emissions from 2009 through 2014,
and 23,660 tons from 2015 and thereafter; and 137,342 tons for
SO2 annual emissions from 2010 through 2014, and 96,139 tons
from 2015 and thereafter. Additionally, because North Carolina has
chosen to include all non-EGUs in the State's NOX SIP call
trading program, the CAIR NOX ozone season budget will be
increased annually by 2,443 tons to account for such NOX SIP
Call trading sources. North Carolina's SIP revision sets these budgets
as the total amounts of allowances available for allocation for each
year under the EPA-administered cap-and-trade programs.
    EPA notes that, in North Carolina, 531 F.3d at 916-21, the Court
determined, among other things, that the State SO2 and
NOX budgets established in CAIR were arbitrary and
capricious.\2\ However, as discussed above, the Court also decided to
remand CAIR but to leave the rule in place in order to ``temporarily
preserve the environmental values covered by CAIR'' pending EPA's
development and promulgation of a replacement rule that remedies CAIR's
flaws. North Carolina, 550 F.3d at 1178. EPA had indicated to the Court
that development and promulgation of a replacement rule would take
about two years. Reply in Support of Petition for Rehearing or
Rehearing en Banc at 5 (filed Nov. 17, 2008 in North Carolina v. EPA,
Case No. 05-1224, DC Cir.). The process at EPA of developing a proposal
that will undergo notice and comment and result

in a final replacement rule is ongoing. In the meantime, consistent
with the Court's orders, EPA is implementing CAIR by approving State
SIP revisions that are consistent with CAIR (such as the provisions
setting State SO2 and NOX budgets for the CAIR
trading programs) in order to ``temporarily preserve'' the
environmental benefits achievable under the CAIR trading programs.
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    \2\ The Court also determined that the CAIR trading programs
were unlawful (Id. at 906-8) and that the treatment of CAA title IV
allowances in CAIR was unlawful (Id. at 921-23). For the same
reasons that EPA is approving the provisions of North Carolina's SIP
revision that use the SO2 and NOX budgets set
in CAIR, EPA is also approving, as discussed below, North Carolina's
SIP revision to the extent the SIP revision adopts the CAIR trading
programs, including the provisions addressing applicability,
allowance allocations, and use of title IV allowances.
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    On May 7, 2009, EPA participated in a teleconference with North
Carolina and requested several clarifications. EPA received a letter
from North Carolina dated May 8, 2009, that provided the requested
clarifications. Specifically, in the May 8, 2009, letter the State
clarified references in North Carolina's rule to ``CAIR NOX
Ozone Season trading program'' and ``fuel oil.'' In addition, North
Carolina acknowledged that the reference to 40 CFR 96.4(b)(1)(iii) in
15A North Carolina Administrative Code (NCAC) 02D .2401(b)(3)(c) is not
a restriction on hours of operation, but rather provides how a unit's
potential NOX mass emissions will be calculated.

B. CAIR Cap-and-Trade Programs

    The CAIR NOX annual and ozone-season model trading rules
both largely mirror the structure of the NOX SIP Call model
trading rule in 40 CFR Part 96, subparts A through I. While the
provisions of the NOX annual and ozone-season model rules
are similar, there are some differences. For example, the
NOX annual model rule (but not the NOX ozone
season model rule) provides for a CSP, which is discussed below and
under which allowances may be awarded for early reductions of
NOX annual emissions. As a further example, the
NOX ozone season model rule reflects the fact that the CAIR
NOX ozone season trading program replaces the NOX
SIP Call trading program after the 2008 ozone season and is coordinated
with the NOX SIP Call program. The NOX ozone
season model rule provides incentives for early emissions reductions by
allowing banked, pre-2009 NOX SIP Call allowances to be used
for compliance in the CAIR NOX ozone-season trading program.
In addition, States have the option of continuing to meet their
NOX SIP Call requirement by participating in the CAIR
NOX ozone season trading program and including all their
NOX SIP Call trading sources in that program.
    The provisions of the CAIR SO2 model rule are also
similar to the provisions of the NOX annual and ozone season
model rules. However, the SO2 model rule is coordinated with
the ongoing Acid Rain SO2 cap-and-trade program under CAA
title IV. The SO2 model rule uses the title IV allowances
for compliance, with each allowance allocated for 2010-2014 authorizing
only 0.50 ton of emissions and each allowance allocated for 2015 and
thereafter authorizing only 0.35 ton of emissions. Banked title IV
allowances allocated for years before 2010 can be used at any time in
the CAIR SO2 cap-and-trade program, with each such allowance
authorizing 1 ton of emissions. Title IV allowances are to be freely
transferable among sources covered by the Acid Rain Program and sources
covered by the CAIR SO2 cap-and-trade program.
    EPA also used the CAIR model trading rules as the basis for the
trading programs in the CAIR FIPs. The CAIR FIP trading rules are
virtually identical to the CAIR model trading rules, with changes made
to account for Federal rather than State implementation. The CAIR model
SO2, NOX annual, and NOX ozone season
trading rules and the respective CAIR FIP trading rules are designed to
work together as integrated SO2, NOX annual, and
NOX ozone season trading programs.
    In the SIP revision, North Carolina chooses to implement its CAIR
budgets by requiring EGUs to participate in EPA-administered cap-and-
trade programs for SO2, NOX annual, and
NOX ozone season emissions. North Carolina has adopted a
full SIP revision that adopts, with certain allowed changes discussed
below, the CAIR model cap-and-trade rules for SO2,
NOX annual, and NOX ozone season emissions.

C. Applicability Provisions

    In general, the CAIR model trading rules apply to any stationary,
fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion
turbine serving at any time, since the later of November 15, 1990, or
the start-up of the unit's combustion chamber, a generator with
nameplate capacity of more than 25 megawatt electrical (MWe) producing
electricity for sale.
    States have the option of bringing in, for the CAIR NOX
ozone season program only, those units in the State's NOX
SIP Call trading program that are not EGUs as defined under CAIR. EPA
advises States exercising this option to add the applicability
provisions in the State's NOX SIP Call trading rule for non-
EGUs to the applicability provisions in 40 CFR 96.304 in order to
include in the CAIR NOX ozone season trading program all
units required to be in the State's NOX SIP Call trading
program that are not already included under 40 CFR 96.304. Under this
option, the CAIR NOX ozone season program must cover all
large industrial boilers and combustion turbines, as well as any small
EGUs (i.e. units serving a generator with a nameplate capacity of 25
MWe or less) that the State currently requires to be in the
NOX SIP Call trading program.
    North Carolina has chosen to expand the applicability provisions of
the CAIR NOX ozone season trading program to include all
non-EGUs in the State's NOX SIP Call trading program.

D. NOX Allowance Allocations

    Under the NOX allowance allocation methodology in the
CAIR model trading rules and in the CAIR FIP, NOX annual and
ozone season allowances are allocated to units that have operated for
five years, based on heat input data from a three-year period that are
adjusted for fuel type by using fuel factors of 1.0 for coal, 0.6 for
oil, and 0.4 for other fuels. The CAIR model trading rules and the CAIR
FIP also provide a new unit set-aside from which units without five
years of operation are allocated allowances based on the units' prior
year emissions.
    States may establish in their SIP submissions a different
NOX allowance allocation methodology that will be used to
allocate allowances to sources in the States if certain requirements
are met concerning the timing of submission of units' allocations to
the Administrator for recordation and the total amount of allowances
allocated for each control period. In adopting alternative
NOX allowance allocation methodologies, States have
flexibility with regard to:
    1. The cost to recipients of the allowances, which may be
distributed for free or auctioned;
    2. The frequency of allocations;
    3. The basis for allocating allowances, which may be distributed,
for example, based on historical heat input or electric and thermal
output; and
    4. The use of allowance set-asides and, if used, their size.
    North Carolina has chosen to distribute NOX annual and
NOX ozone season allowances with its own methodology. North
Carolina has chosen to distribute NOX annual allowances by
submitting the table adopted in 15A NCAC 02D .2403(a) which establishes
the North Carolina CAIR NOX annual allocation for existing
units. North Carolina has chosen to establish a new unit set aside for
each control period. For CAIR NOX emissions for each control
period, CAIR NOX allowances available for allocation for new
unit set asides will be 2,638 tons for 2009-2014 and 1,154 tons for
2015 and thereafter.

    North Carolina has chosen to distribute NOX ozone season
allowances by submitting the table adopted in 15A NCAC 02D .2405(a)(1)
which establishes the North Carolina CAIR NOX ozone season
allocations for existing units. North Carolina has chosen to establish
a new unit set aside for each control period. For CAIR NOX
ozone season emissions, allowances available for allocation for new
unit set asides will be 1,234 tons for 2009-2014 and 555 tons for 2015
and thereafter.
    The State's NOX ozone season allocation provisions have
been modified to add requirements associated with North Carolina's
option to bring its non-EGUs into the CAIR NOX ozone season
trading program. The State has chosen to distribute CAIR NOX
Ozone season allowances to non-EGUs by submitting a table adopted in
15A NCAC 02D .2405(a)(2).

E. Allocation of NOX Allowances From Compliance Supplement Pool

    The CAIR establishes a CSP to provide an incentive for early
reductions in NOX annual emissions. The CSP consists of
200,000 CAIR NOX annual allowances of vintage 2009 for the
entire CAIR region, and a State's share of the CSP is based upon the
projected magnitude of the emission reductions required by CAIR in that
State. States may distribute CSP allowances, one allowance for each ton
of early reduction, to sources that make NOX reductions
during 2007 or 2008 beyond what is required by any applicable State or
Federal emission limitation. States also may distribute CSP allowances
based upon a demonstration of need for an extension of the 2009
deadline for implementing emission controls.
    The CAIR annual NOX model trading rule establishes
specific methodologies for allocations of CSP allowances. States may
choose an allowed, alternative CSP allocation methodology to be used to
allocate CSP allowances to sources in the States.
    Consistent with the flexibility given to States in the model
trading rule, North Carolina has not chosen to modify the provisions of
the CAIR NOX annual model trading rule concerning the
allocation of allowances from the CSP. North Carolina has not chosen to
adopt CSP provisions since the State does not have any allowances
available to allocate under the CSP provisions.

F. Individual Opt-in Units

    The opt-in provisions of the CAIR SIP model trading rules allow
certain non-EGUs (i.e., boilers, combustion turbines, and other
stationary fossil-fuel-fired devices) that do not meet the
applicability criteria for a CAIR trading program to participate
voluntarily in (i.e., opt into) the CAIR trading program. A non-EGU may
opt into one or more of the CAIR trading programs. In order to qualify
to opt into a CAIR trading program, a unit must vent all emissions
through a stack and be able to meet monitoring, recordkeeping, and
recording requirements of 40 CFR part 75. The owners and operators
seeking to opt a unit into a CAIR trading program must apply for a CAIR
opt-in permit. If the unit is issued a CAIR opt-in permit, the unit
becomes a CAIR unit, is allocated allowances, and must meet the same
allowance-holding and emissions monitoring and reporting requirements
as other units subject to the CAIR trading program. The opt-in
provisions provide for two methodologies for allocating allowances for
opt-in units, one methodology that applies to opt-in units in general
and a second methodology that allocates allowances only to opt-in units
that the owners and operators intend to repower before January 1, 2015.
    States have several options concerning the opt-in provisions.
States may adopt the CAIR opt-in provisions entirely or may adopt them
but exclude one of the methodologies for allocating allowances. States
may also decline to adopt the opt-in provisions at all.
    Consistent with the flexibility given to States in the FIPs, North
Carolina has chosen to allow non-EGUs meeting certain requirements to
participate in the CAIR NOX annual trading program. The
North Carolina rule allows for both the opt-in allocation methods as
specified in 40 CFR part 96, Subpart II of the CAIR NOX
annual trading program.
    Consistent with the flexibility given to the States in the FIPs,
North Carolina has chosen to permit non-EGUs meeting certain
requirements to participate in the CAIR NOX ozone season
trading program. The North Carolina rule allows for both of the opt-in
allocation methods as specified in 40 CFR part 96 Subpart III of the
CAIR NOX ozone season trading program.
    Consistent with the flexibility given to the States in the FIPs,
North Carolina has chosen to allow certain non-EGUs to opt into the
CAIR SO2 trading program. The North Carolina rule allows for
both of the opt-in allocation methods as specified in 40 CFR part 96
Subpart III of the CAIR SO2 trading program.

VI. Proposed Action

    EPA is proposing to approve, as interpreted and clarified herein,
North Carolina's full CAIR SIP revision submitted on June 20, 2008.
Under the approved SIP revision, North Carolina is choosing to
participate in the EPA-administered CAIR cap-and-trade programs for
SO2, NOX annual, and NOX ozone season
emissions. The approved SIP revision, as interpreted and clarified
herein, meets the applicable requirements of CAIR, which are set forth
in 40 CFR 51.123(o) and (aa), with regard to NOX annual and
NOX ozone season emissions, and 40 CFR 51.124(o), with
regard to SO2 emissions. If this proposed approval for North
Carolina's full CAIR SIP revision is finalized, EPA will promulgate, in
conjunction with the final rule for this action, rules implementing the
automatic withdrawal--in accordance with 40 CFR 52.35 and 52.36--of the
CAIR FIPs for SO2, NOX annual, and NOX
ozone season emissions for North Carolina sources.

VII. 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. 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
proposed 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 proposed 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.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Electric
utilities, Intergovernmental relations, Carbon monoxide, Nitrogen
oxides, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur dioxide.

40 CFR Part 96

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

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

    Dated: July 29, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. E9-18999 Filed 8-6-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Notices]
[Pages 19891-19892]
[FR Doc No: 2014-08055]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC14-4-000]

Commission Information Collection Activities (FERC-73); Comment
Request

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Comment request.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is submitting the information FERC-73, Oil Pipeline Service Life
Data, to the Office of Management and Budget (OMB) for review of the
information collection requirements. Any interested person may file
comments directly with OMB and should address a copy of those comments
to the Commission as explained below. In response to the notice issued
in the Federal Register (79 FR 3362, January 21, 2014) FERC received
one comment. FERC responds to the comment below as well as in its
submittal to OMB.

DATES: Comments on the collection of information are due by May 12,
2014.

ADDRESSES: Comments filed with OMB, identified by the OMB Control No.
1902-0019, should be sent via email to the Office of Information and
Regulatory Affairs<EMAIL_ADDRESS>Attention: Federal Energy
Regulatory Commission Desk Officer. The Desk Officer may also be
reached via telephone at<PHONE_NUMBER>.
    A copy of the comments should also be sent to the Federal Energy
Regulatory Commission, identified by the Docket No. IC14-4-000, by
either of the following methods:
     eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>by telephone at<PHONE_NUMBER>, and by fax at
(202) 273-0873.

SUPPLEMENTARY INFORMATION:
    Title: FERC-73, Oil Pipeline Service Life Data
    OMB Control No.: 1902-0019
    Type of Request: Three-year extension of the FERC-73 information
collection requirements with no changes to the current reporting
requirements.
    Abstract: The Commission has authority over interstate oil
pipelines as stated in the Interstate Commerce Act, 49 U.S.C. 6501, et.
al. As part of the information necessary for the subsequent
investigation and review of an oil pipeline company's proposed
depreciation rates, the pipeline companies are required to provide
service life data as part of their data submissions if the proposed
depreciation rates are based on the remaining physical life
calculations. This service life data is submitted on FERC Form No. 73,
``Oil Pipeline Service Life Data.'' The information collected under the
requirements of FERC Form No. 73 is used by the Commission to implement
the statutory provisions of Sections 306 and 402 of the Department of
Energy Organization Act, 42 U.S.C. 7155 and 7172, and Executive Order
No. 12009, 42 FR 46277 (September 13, 1977).\1\
---------------------------------------------------------------------------

    \1\ For FERC Form No. 73 filing instructions and materials,
please see http://www.ferc.gov/docs-filing/forms.asp#form73.
---------------------------------------------------------------------------

    The submitted data are used by the Commission to assist in the
selection of appropriate service lives and book depreciation rates.
Book depreciation rates are used by oil pipeline companies to compute
the depreciation portion of their operating expense which is a
component of their cost of service which in turn is used to determine
the transportation rate to assess customers. FERC staff's recommended
book depreciation rates become legally binding when issued by
Commission order. These rates remain in effect until a subsequent
review is requested and the outcome indicates that a modification is
justified. The Commission implements these filings in 18 CFR parts 347
and 357.
    Type of Respondents: Oil pipeline companies.
    Estimate of Annual Burden: \2\ The Commission estimates the total
Public Reporting Burden for this information collection as:
---------------------------------------------------------------------------

    \2\ The Commission defines burden as the total time, effort, or
financial resources expended by persons to generate, maintain,
retain, or disclose or provide information to or for a Federal
agency. For further explanation of what is included in the
information collection burden, reference 5 Code of Federal
Regulations 1320.3.

                                                    FERC Form No. 73, Oil Pipeline Service Life Data
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of                      Average  burden
                                                                        Number of      responses  per  Total number of     hours  per    Estimated total
                                                                       respondents       respondent       responses         response      annual burden
                                                                                (A)              (B)    (A) x (B) = (C)            (D)                (C) x (D)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Oil Pipelines Undergoing Investigation or Review...................               3                1                3               40              120
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The total estimated annual cost burden to respondents is $8,400
[120 hours * $70/hour = $8,400].\3\
---------------------------------------------------------------------------

    \3\ $70/hour is the average FERC employee salary plus benefits.
We assume that respondents to this collection are similarly situated
in terms of salary and benefits.
---------------------------------------------------------------------------

    Comment received in response to initial notice: The Commission
received one comment from the Bureau of Economic Analysis (BEA). In
that comment, BEA strongly supported the continued collection of data
through the FERC Form No. 73. Their support stems from reliance on this
data collection for key components of their economic statistics.
Specifically, BEA uses the information on the service lives for
petroleum pipeline companies to validate the lives in BEA's
depreciation rates for petroleum pipelines. Moreover, these rates help
BEA derive economic depreciation or consumption of fixed capital as
part of the National Income and Product Accounts work BEA does. In
response, the FERC intends to work with BEA should there be a need to
make any changes to this data collection.
    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: April 4, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-08055 Filed 4-9-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 24 (Friday, February 4, 2011)]
[Notices]
[Pages 6512-6513]
[FR Doc No: 2011-2470]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[U.S. DOT Docket Number NHTSA-2011-0010]

Reports, Forms, and Recordkeeping Requirements

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

ACTION: Request for public comment on an extension of a currently
approved collection.

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

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

DATES: Comments must be received on or before April 5, 2011.

ADDRESSES: Comments must refer to the docket notice numbers cited at
the beginning of this notice and be submitted to Docket Management,
Room W12-140, Ground level, 1200 New Jersey Avenue, SE., Washington, DC
20590 by any of the following methods.
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Agency Web Site: http://dms.dot.gov. Follow the
instructions for submitting comments on the Docket Management System.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590.
     Hand Delivery/Courier: 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
Holidays. Telephone: 1-800-647-5527.
    Instructions: All submissions must include the agency name and
docket number for this proposed collection of information. Note that
all comments received will be posted without change to http://dms.dot.gov including any personal information provided.
    Docket: For access to the docket to read background documents or
comments received, go to http://dms.dot.gov at any time or to Room W12-
140 on the ground level of the DOT Building, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Complete copies of each request for
collection of information may be obtained at no charge from Carlita
Ballard, NHTSA 1200 New Jersey Ave., SE., Room W43-439, NVS-131,
Washington, DC 20590. Ms. Ballard's telephone number is<PHONE_NUMBER>.
Please identify the relevant collection of information by referring to
its OMB Control Number.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
before an agency submits a proposed collection of information to OMB
for approval, it must first publish a document in the Federal Register
providing a 60-day comment period and otherwise consult with members of
the public and affected agencies concerning each proposed collection of
information. The OMB has promulgated regulations describing what must
be included in such a document. Under OMB's regulation (at 5 CFR
1320.8(d)), an agency must ask for public comment on the following:
    (i.) Whether the proposed collection of information is necessary
for the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii.) The accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (iii.) How to enhance the quality, utility, and clarity of the
information to be collected and;
    (iv.) How to minimize the burden of the collection of information
on those who are to respond, including the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g. permitting
electronic submission of responses.
    In compliance with these requirements, NHTSA asks for public
comments on the following proposed collections of information:
    Title: Procedures for Selecting Lines to be Covered by the Theft
Prevention Standard (49 CFR 542)
    OMB Control Number: 2127-0539
    Form Number: None.
    Affected Public: Motor vehicle manufacturers.
    Requested Expiration Date of Approval: Three years from approval
date.
    Abstract: Manufacturers of light duty trucks must identify new
model introductions that are likely to be high-theft lines as defined
in 49 U.S.C. 33104.
    Estimated Annual Burden: 315 hours.
    Number of Respondents: 7.
    In 1984, Congress enacted the Motor Vehicle Theft Law Enforcement
Act (the 1984 Theft Act). As a means to prevent the theft of motor
vehicles for their parts, the 1984 Theft Act required vehicle
manufacturers to mark the major parts of ``high-theft'' passenger cars
and the major replacement parts for those cars. The Anti Car Theft Act
of 1992 (ACTA) amended the 1984 Theft Act to extend its provisions to
multipurpose passenger vehicles (MPVs) and light duty trucks (LDTs).
    The 1984 Theft Act, as amended by ACTA, requires NHTSA to
promulgate a theft prevention standard for the designation of high-
theft vehicle lines. The specific lines are to be selected by agreement
between the manufacturer and the agency. If there is a disagreement of
the selection, the statute states that the agency shall select such
lines and parts, after notice to the manufacturer and an opportunity
for written comment. NHTSA's procedures for selecting high theft
vehicle lines are contained in 49 CFR part 542.
    In a final rule published on April 6, 2004, the Federal Motor
Vehicle Theft Prevention Standard was extended to include all passenger
cars and multipurpose passenger vehicles with a gross vehicle weight
rating of 6,000 pounds or less, regardless of whether they were likely
to be high or low theft, and to light duty trucks with major parts that
are interchangeable with a majority of the covered major parts of
multipurpose passenger vehicles. The final rule became effective
September 1, 2006.
    As a result of this amendment, determination of high theft status
is required only for LDTs manufactured on or after that date. There are
seven vehicle manufacturers who produce

LDTs. Generally, these manufacturers would not introduce more than one
new LDT line in any year. NHTSA estimates the maximum number of
responses to be seven. NHTSA estimates that the average hours per
submittal are 45, for a total annual burden of 315 hours. NHTSA
estimates that the cost associated with the burden hours is $57.06 per
hour, for a total cost of approximately $18,000.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology.

    Issued on: January 31, 2011.
Joseph S. Carra,
Acting, Associate Administrator for Rulemaking.
[FR Doc. 2011-2470 Filed 2-3-11; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Page 92927]
[FR Doc No: 2016-30559]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79554; File No. SR-NASDAQ-2016-141]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Designation of a Longer Period for Commission Action on a
Proposed Rule Change To Amend Rule 4702 To Adopt a New Retail Post-Only
Order

December 14, 2016.
    On October 13, 2016, The Nasdaq Stock Market LLC (``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
amend Exchange Rule 4702 to adopt a new Retail Post-Only Order. The
proposed rule change was published for comment in the Federal Register
on November 1, 2016.\3\ The Commission received one comment letter on
the proposed rule change.\4\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 79163 (October 26,
2016), 81 FR 75862.
    \4\ See Letter from Joseph Saluzzi and Sal Arnuk, Partners,
Themis Trading LLC, to Brent J. Fields, Secretary, Commission, dated
November 7, 2016.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \5\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is December 16, 2016. The Commission is extending this 45-day time
period.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change.
Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\6\ designates January 30, 2017, as the date by which the
Commission shall either approve or disapprove or institute proceedings
to determine whether to disapprove the proposed rule change (File
Number SR-NASDAQ-2016-141).
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Robert W. Errett,
Deputy Secretary.
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

[FR Doc. 2016-30559 Filed 12-19-16; 8:45 am]
BILLING CODE 8011-01-P


(A) Machine tools for turning (ECCN 2B001.a) having two or more
axes which can be coordinated simultaneously for

``contouring control'' having any of the following:
    (1) ``Unidirectional positioning repeatability'' equal to or
less (better) than 0.9 [micro]m along one or more linear axis with a
travel length less than 1.0 m; or
    (2) ``Unidirectional positioning repeatability'' equal to or
less (better) than 1.1 [micro]m along one or more linear axis with a
travel length equal to or greater than 1.0 m;
    (B) Machine tools for milling (ECCN 2B001.b) having any of the
following:
    (1) Three linear axes plus one rotary axis which can be
coordinated simultaneously for ``contouring control'' having any of
the following:
    (a) ``Unidirectional positioning repeatability'' equal to or
less (better) than 0.9 [micro]m along one or more linear axis with a
travel length less than 1.0 m; or
    (b) ``Unidirectional positioning repeatability'' equal to or
less (better) than 1.1 [micro]m along one or more linear axis with a
travel length equal to or greater than 1.0 m;
    (2) Specified by 2B001.b.2.a, 2B001.b.2.b or 2B001.b.2.c and
having a ``unidirectional positioning repeatability'' equal to or
less (better) than 1.1 [micro]m along one or more linear axis; or
    (3) A ``unidirectional positioning repeatability'' for jig
boring machines equal to or less (better) than 1.1 [micro]m along
one or more linear axis;
    (C) Electrical discharge machines (EDM) controlled under
2B001.d;
    (D) Deep-hole-drilling machines controlled under 2B001.f;
    (E) ``Numerically controlled'' or manual machine tools
controlled under 2B003.
* * * * *
(4) Category 4
* * * * *
    (ii) 4D001--``Software'' ``specially designed'' for the
``development'' or ``production'' of equipment controlled under ECCN
4A001.a.2 or for the ``development'' or ``production'' of
    ``digital computers'' having an `Adjusted Peak Performance'
(`APP') exceeding 12.5 Weighted TeraFLOPS (WT).
    (iii) 4E001--``Technology'' according to the General Technology
Note for the ``development'' or ``production'' of any of the
following equipment or ``software'': equipment controlled under ECCN
4A001.a.2, ``digital computers'' having an `Adjusted Peak
Performance' (`APP') exceeding 12.5 Weighted TeraFLOPS (WT), or
``software'' controlled under the specific provisions of 4D001
described in this Supplement.
* * * * *

    Dated: September 1, 2016.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2016-21544 Filed 9-19-16; 8:45 am]
 BILLING CODE 3510-33-P


[Federal Register: January 23, 2007 (Volume 72, Number 14)]
[Notices]
[Page 2876-2877]
[DOCID:fr23ja07-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

January 16, 2007.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER06-707-000.
    Applicants: Arkansas Electric Cooperative Corporation.
    Description: Arkansas Electric Cooperative Corporation submits a
notice, of conditional withdrawal of protests.
    Filed Date: 01/11/2007.
    Accession Number: 20070111-5016.
    Comment Date: 5 p.m. Eastern Time on Monday, January 22, 2007.

    Docket Numbers: ER06-739-004; ER06-738-004; ER03-983-003.
    Applicants: Cogen Technologies Linden Venture, L.P.; East Coast
Power, Linden Holding, L.L.C.
    Description: Cogen Technologies Linden Venture LP et al notifies
FERC, of a change in status resulting from acquisition of an, ownership
interest in Babcock & Brown Wind Portfolio, Holdings 1 LLC etc.
    Filed Date: 01/09/2007.
    Accession Number: 20070111-0043.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 30, 2007.

    Docket Numbers: ER06-1452-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, LLC submits a corrected
Wholesale, Market Participation Agreement.
    Filed Date: 01/11/2007.
    Accession Number: 20070112-0061.
    Comment Date: 5 p.m. Eastern Time on Thursday, February 01, 2007.

    Docket Numbers: ER06-1453-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, LLC submits a corrected
Wholesale, Market Participation Agreement.
    Filed Date: 01/10/2007.
    Accession Number: 20070111-0046.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 31, 2007.

    Docket Numbers: ER07-233-001.
    Applicants: Occidental Power Services, Inc.
    Description: Occidental Power Services, Inc submits an amendment to
its, 11/17/06 rate schedule amendment.
    Filed Date: 01/10/2007.
    Accession Number: 20070111-0044.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 31, 2007.

    Docket Numbers: ER07-340-001.
    Applicants: Bell Independent Power Corporation.
    Description: Bell Independent Power Corp submits an amended
petition, for acceptance of initial Tariff, Original Volume 1, waivers,
and blanket authority.
    Filed Date: 01/11/2007.
    Accession Number: 20070112-0062.
    Comment Date: 5 p.m. Eastern Time on Thursday, February 01, 2007.

    Docket Numbers: ER07-358-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc submits a supplement to its,
12/22/06 filing of an executed Service Agreement for Firm, Point-to-
Point Transmission Service w/ Western Resources, dba Westar Energy etc.
    Filed Date: 01/11/2007.
    Accession Number: 20070112-0063.
    Comment Date: 5 p.m. Eastern Time on Thursday, February 01, 2007.

    Docket Numbers: ER07-422-000.
    Applicants: New York Independent System Operator., Inc.
    Description: New York Independent System Operator, Inc submits,
proposed revisions to its Open Access Transmission Tariff, and its
Market Administration and Control Area Services, Tariff.
    Filed Date: 01/09/2007.
    Accession Number: 20070111-0017.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 30, 2007.

    Docket Numbers: ER07-423-000.
    Applicants: South Carolina Electric & Gas Company.
    Description: South Carolina Electric & Gas Co submits a Facilities,
Agreement with New Horizon Electric Cooperative.
    Filed Date: 01/10/2007.
    Accession Number: 20070111-0045.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 31, 2007.

    Docket Numbers: ER07-424-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection LLC submits a report of the,
recommended allocations of cost responsibility for baseline,
transmission updgrades reviewed and approved by PJM, Board of Managers
and revised tariff sheets.
    Filed Date: 01/11/2007.
    Accession Number: 20070112-0064.
    Comment Date: 5 p.m. Eastern Time on Monday, February 12, 2007.

    Docket Numbers: ER07-425-000.
    Applicants: American Electric Power Service Corporation.
    Description: American Electric Power Service Corp submits notices
of, cancellation for two ERCOT Generation Interconnection, Agreements
between AEP TCC and La Palma WLE, LP and, AEP TCC and Lon C. Hill.
    Filed Date: 01/12/2007.
    Accession Number: 20070116-0051.
    Comment Date: 5 p.m. Eastern Time on Friday, February 02, 2007.

    Take notice that the Commission received the following foreign
utility company status filings:

    Docket Numbers: FC07-6-000.
    Applicants: Nuovo Pignone s.p.a.
    Description: Nuovo Pignone s.p.a. submits a notice for Self-
Certification, of Foreign Utility Company Status pursuant to Section
366.1, of the Commission's regulations.
    Filed Date: 12/29/2006.
    Accession Number: 20070110-0085.
    Comment Date: 5 p.m. Eastern Time on Friday, January 19, 2007.

    Take notice that the Commission received the following electric
reliability filings:

    Docket Numbers: RR06-1-005.
    Applicants: North American Electric Reliability Corporation.
    Description: North American Electric Reliability Corporation
submits a, compliance filing in response to the Commission's order,
issued 10/30/06.
    Filed Date: 01/12/2007.
    Accession Number: 20070112-5032.
    Comment Date: 5 p.m. Eastern Time on Friday, February 02, 2007.

    Any person desiring to intervene or to protest in any of the above
proceedings 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) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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>.

Magalie R. Salas,
Secretary.
[FR Doc. E7-874 Filed 1-22-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 19, 2010 (Volume 75, Number 201)]
[Notices]
[Page 64313-64314]
[DOCID:fr19oc10-58]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0001]

Endocrinologic and Metabolic Drugs Advisory Committee; Notice of
Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.

    Name of Committee: Endocrinologic and Metabolic Drugs Advisory
Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on December 7, 2010,
from 8 a.m. to 5 p.m.
    Location: FDA White Oak Campus, 10903 New Hampshire Ave.,
Building 31 Conference Center, the Great Room (rm. 1503), Silver
Spring, MD 20993-0002. Information regarding special accommodations
due to a disability, visitor parking, and transportation may be
accessed at http://www.fda.gov/AdvisoryCommittees/default.htm; under
the heading ``Resources for You'', click on ``White Oak Conference
Center Parking and Transportation Information for FDA Advisory
Committee Meetings''.
    Contact Person: Paul Tran, Center for Drug Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 31, rm. 2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, FAX:
301-847-8540, e-mail<EMAIL_ADDRESS>or FDA Advisory
Committee Information Line, 1-800-741-8138<PHONE_NUMBER> in the
Washington, DC area), code<PHONE_NUMBER>. Please call the Information
Line for up-to-date information on this meeting. A notice in the
Federal Register about last minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly enough to provide timely notice. Therefore, you
should always check the Agency's Web site and call the appropriate
advisory committee hot line/phone line to learn about possible
modifications before coming to the meeting.
    Agenda: On December 7, 2010, the committee will discuss the
safety and efficacy of new drug application (NDA) 20-0063, proposed
tradename CONTRAVE (naltrexone HCl/bupropion HCl) extended-release
tablets, manufactured by Orexigen Therapeutics, Inc., for the
treatment of obesity and weight management, including weight loss
and maintenance of weight loss in patients with an initial body mass
index (BMI) of equal to or greater than 30 kilograms (kg) per square
meter, or a BMI equal to or greater than 27 kg per square meter with
one or more risk factors (e.g. diabetes, dyslipidemia, or
hypertension). The BMI is a measure of body weight (mass) based on a
person's weight and height, and is a widely-used tool for doctors in
assessing optimum weights for a patient.
    FDA intends to make background material available to the public
no later than 2 business days before the meeting. If FDA is unable
to post the background material on its Web site prior to the
meeting, the background material will be made publicly available at
the location of the advisory committee meeting, and the background
material will be posted on FDA's Web site after the meeting.
Background material is available at http://www.fda.gov/
AdvisoryCommittees/Calendar/default.htm. Scroll down to the
appropriate advisory committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
November 22, 2010. Oral presentations from the public will be
scheduled between approximately 1 p.m. and 2 p.m. Those desiring to
make formal oral presentations should notify the contact person and
submit a brief statement of the general nature of the evidence or
arguments they wish to present, the names and addresses of proposed
participants, and an indication of the approximate time requested to
make their presentation on or before November 12, 2010. Time
allotted for each presentation may be limited. If the number of
registrants requesting to speak is greater than can be reasonably
accommodated during the scheduled open public hearing session, FDA
may conduct a lottery to determine the speakers for the scheduled
open public hearing session. The contact person will notify
interested persons regarding their request to speak by November 15,
2010.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to
electrical outlets.
    FDA welcomes the attendance of the public at its advisory
committee meetings and will make every effort to accommodate

persons with physical disabilities or special needs. If you require
special accommodations due to a disability, please contact Paul Tran
at least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory
committee meetings. Please visit our Web site at http://www.fda.gov/
AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for
procedures on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: October 14, 2010.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.

[FR Doc. 2010-26251 Filed 10-18-10; 8:45 am]
BILLING CODE 4160-01-P


MEMORANDUM

DATE:		July 27, 2015

TO:		Clean Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602

FROM:	EPA Region 1

SUBJECT:	July 23, 2015, Presentation on Proposed Clean Power Plan for Existing Power Plants at Northeast Energy and Commerce Association's Annual Environmental Conference  --------------------------------------------------------------------------------

SUMMARY

      The Northeast Energy and Commerce Association held their annual environmental conference on July 23, 2015.  Shutsu Wong presented on the Proposed Clean Power Plan for Existing Power Plants during the Greenhouse Gas Regulatory Panel.          ATTENDEES See attached.

Agenda, attendee list and slides are attached.


[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Notices]
[Pages 33704-33705]
[FR Doc No: 2021-13517]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2020-0182; FRL-10025-55-ORD]

Availability of the IRIS Assessment Plan for Inhalation Exposure
to Vanadium and Compounds; Extension of Public Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of extension of public comment period.

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

SUMMARY: The Environmental Protection Agency (EPA) is extending the
public comment period for the document titled, ``Availability of the
IRIS Assessment Plan for Inhalation Exposure to Vanadium and
Compounds.'' The original Federal Register document announcing the
public comment period was published on May 28, 2021. The public science
webinar will convene on July 14, 2021.

DATES: The public comment period for the notice published on May 28,
2021 (86 FR 28832), is being extended. The EPA must receive comments on
or before July 13, 2021.

ADDRESSES: The ``Availability of the IRIS Assessment Plan for
Inhalation Exposure to Vanadium and Compounds'' is available via the
internet on IRIS' website at https://www.epa.gov/iris and in the public
docket at https://www.regulations.gov, Docket ID: EPA-HQ-ORD-2020-0182.

FOR FURTHER INFORMATION CONTACT:
    For information on the public comment period, contact the ORD
Docket at the EPA Headquarters Docket Center; telephone:<PHONE_NUMBER>;
facsimile:<PHONE_NUMBER>; or email<EMAIL_ADDRESS>    For technical information on the draft IRIS Assessment Plan for
Inhalation Exposure to Vanadium and Compounds, contact Mr. Dahnish
Shams, CPHEA; telephone:<PHONE_NUMBER>; or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: How to Submit Technical Comments to the
Docket at https://www.regulations.gov.
    Submit your comments, identified by Docket ID No. EPA-HQ-ORD-2020-
0182 for the vanadium and compounds (Inhalation) IRIS assessment, by
one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>. Due to COVID-19, there may be a delay
in processing comments submitted by fax.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center (ORD Docket), Mail Code: 28221T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460. The phone number is<PHONE_NUMBER>. Due to COVID-
19, there may be a delay in processing comments submitted by mail.
    For information on visiting the EPA Docket Center Public Reading
Room, visit https://www.epa.gov/dockets. Due to public health concerns
related to COVID-19, the EPA Docket Center and Reading Room may be
closed to the public with limited exceptions. The telephone number for
the Public Reading Room is<PHONE_NUMBER>. The public can submit comments
via www.Regulations.gov or email.
    Instructions: Direct your comments to docket number EPA-HQ-ORD-
2020-0182 for vanadium and compounds (Inhalation). Please ensure that
your comments are submitted within the specified comment period.
Comments received after the closing date will be marked ``late,'' and
may only be considered if time permits. It is EPA's policy to include
all comments it receives in the public docket without change and to
make the comments available online at www.regulations.gov, including
any personal information provided, unless a comment includes
information claimed to be Confidential Business Information (CBI) or
other information for which disclosure is restricted by statute. Do not
submit information through www.regulations.gov or email that you
consider to be CBI or otherwise

protected. The www.regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to EPA without going through
www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm.
    Docket: Documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other materials,
such as copyrighted material, are publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the ORD Docket in the EPA
Headquarters Docket Center.

Wayne Cascio,
Director, Center for Public Health and Environmental Assessment.
[FR Doc. 2021-13517 Filed 6-24-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Rules and Regulations]
[Pages 57635-57636]
[FR Doc No: 2011-23805]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91, 119, 125, 133, 137, 141, 142, 145, and 147

[Docket No. FAA-2008-1154; Amendment Nos. 91-325, 119-15, 125-61, 133-
14, 137-16, 141-16, 142-8, 145-29, and 147-7]
RIN 2120-AJ36

Restrictions on Operators Employing Former Flight Standards
Service Aviation Safety Inspectors; Correction

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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SUMMARY: The FAA is correcting a final rule published on August 22,
2011 (76 FR 52231). In that final rule the FAA prohibited any person
holding a certificate from knowingly employing, or making a contractual
arrangement with, certain individuals to act as an agent or a
representative of the certificate holder in any matter before the FAA
under certain conditions. This document corrects an amendment number.

DATES: Effective September 16, 2011.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this final rule, contact Nancy Lauck Claussen, Federal Aviation
Administration, Air Transportation Division, AFS-200, 800 Independence
Avenue, SW., Washington, DC 20591; telephone<PHONE_NUMBER>.

Background

    On August 22, 2011, the FAA published a final rule entitled
``Restrictions on Operators Employing Former Flight Standards Service
Aviation Safety Inspectors'' (76 FR 52231).
    In that final rule the FAA prohibited any person holding a
certificate from knowingly employing, or making a contractual
arrangement with, certain individuals to act as an agent or a
representative of the certificate holder in any matter before the FAA
under certain conditions. These restrictions apply if the individual,
in the preceding 2 year period directly served as, or was directly
responsible for the oversight of, a Flight Standards Service Aviation
Safety Inspector, and had direct responsibility to inspect, or oversee
the inspection of, the operations of the certificate holder. This rule
also applies to persons who own or manage fractional ownership program
aircraft that are used to conduct operations

under specific regulations described in this document. This rule
establishes these restrictions to prevent potential organizational
conflicts of interest which could adversely affect aviation safety.

Correction to Preamble

    This technical amendment makes one revision to the preamble section
of the final rule. The amendment number ``119-5'' should read ``119-
15''.

    Issued in Washington, DC, on September 8, 2011.
Dennis R. Pratte,
Acting Director, Office of Rulemaking.
[FR Doc. 2011-23805 Filed 9-15-11; 8:45 am]
BILLING CODE 4910-13-P