[Federal Register: September 25, 2009 (Volume 74, Number 185)]
[Rules and Regulations]
[Page 48850-48851]
[DOCID:fr25se09-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket FAA No. FAA-2008-0006; Airspace Docket No. 08-ANM-1]

Establishment of Class D Airspace and Amendment of Class E
Airspace; North Bend, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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SUMMARY: This action corrects a final rule published in the Federal
Register on August 26, 2009. In that rule, errors were made in the
legal description and the airport name for North Bend, OR. This action
corrects those errors.

DATES: Effective Date: 0901 UTC, October 22, 2009. The Director of the

Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On August 26, 2009, a final rule for Airspace Docket No. 08-ANM-1,
FAA Docket No. FAA-2008-0006 was published in the Federal Register (74
FR 43030), establishing Class D airspace and amending Class E airspace
at North Bend, OR. The latitude, longitude referencing the airport
stated ``* * * lat. 43[deg]25'02'' N., long. 124[deg]14'46'' W.''
instead of ``* * * lat. 43[deg]25'01'' N., long. 124[deg]14'49'' W.''.
Also the airport name stated ``North Bend Municipal Airport, OR''
instead of ``Southwest Oregon Regional Airport, OR''. This action
corrects that error.

Correction to Final Rule

0
Accordingly, pursuant to the authority delegated to me, the legal
description as published in the Federal Register on August 26, 2009 (74
FR 43030), Airspace Docket No. 08-ANM-1, FAA Docket No. FAA-2008-0006,
and incorporated by reference in 14 CFR 71.1, is corrected as follows:

Sec.  71.1  [Amended]

0
On page 43030, correct the legal description for North Bend, OR, to
read as follows:

Paragraph 5000 Class D airspace.

* * * * *

ANM OR D North Bend, OR [Corrected]

Southwest Oregon Regional Airport, OR
    (Lat. 43[deg]25'01'' N., long. 124[deg]14'49'' W.)

    That airspace extending upward from the surface to and including
2,500 feet MSL within a 4.2-mile radius of the Southwest Oregon
Regional Airport. This Class D airspace area is effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Airport/Facility Directory.
* * * * *

Paragraph 6002 Class E airspace Designated as Surface Areas.

* * * * *

ANM OR E2 North Bend, OR [Corrected]

Southwest Oregon Regional Airport, OR
    (Lat. 43[deg]25'01'' N., long. 124[deg]14'49'' W.)
North Bend VORTAC
    (Lat. 43[deg]24'56'' N., long. 124[deg]10'07'' W.)
Emire LOM/NDB
    (Lat. 43[deg]23'40'' N., long. 124[deg]18'37'' W.)

    Within a 4.2-mile radius of the Southwest Oregon Regional
Airport, and within 1.8 miles each side of the North Bend VORTAC
044[deg] radial extending from the 4.2-mile radius to 5.7 miles
northeast of the VORTAC, and within 3.7 miles each side of the North
Bend VORTAC 092[deg] radial extending from the 4.2-mile radius to
7.5 miles east of the VORTAC, and within 2.7 miles each side of the
241[deg] bearing from the Emire LOM/NDB extending from the 4.2-mile
radius to 6.1 miles southwest of the LOM/NDB. This Class E airspace
area is effective during the specific dates and times established in
advance by a Notice to Airmen. The effective date and time will
thereafter be continuously published in the Airport/Facility
Directory.
* * * * *

    Issued in Seattle, Washington, on September 10, 2009.
H. Steve Karnes,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. E9-22481 Filed 9-24-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 85 (Thursday, May 4, 2017)]
[Rules and Regulations]
[Pages 20829-20832]
[FR Doc No: 2017-08988]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 177

[Docket No. FDA-2016-F-1805]

Indirect Food Additives: Polymers

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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SUMMARY: The Food and Drug Administration (FDA or we) is amending the
food additive regulations to no longer provide for the use of potassium
perchlorate as an additive in closure-sealing gaskets for food
containers because this use has been abandoned. This action is in
response to a petition filed by Keller and Heckman LLP on behalf of the
Society of the Plastics Industry, Inc.

DATES: This rule is effective May 4, 2017. Submit either electronic or
written objections and requests for a hearing on the final rule by June
5, 2017. See the ADDRESSES section, and SUPPLEMENTARY INFORMATION
section VIII of this document, for further information on the filing of
objections.

ADDRESSES: You may submit objections and requests for a hearing as
follows. Please note that late, untimely filed objections will not be
considered. Electronic objections must be submitted on or before June
5, 2017. The https://www.regulations.gov electronic filing system will
accept comments until midnight Eastern Time at the end of June 5, 2017.
Objections received by mail/hand delivery/courier (for written/paper
submissions) will be considered timely if they are postmarked or the
delivery service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic objections in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Objections submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your objection will be
made public, you are solely responsible for ensuring that your
objection does not include any confidential information that you or a
third party may not wish to be posted, such as medical information,
your or anyone else's Social Security number, or confidential business
information, such as a manufacturing process. Please note that if you
include your name, contact information, or other information that
identifies you in the body of your objection, that information will be
posted on https://www.regulations.gov.
     If you want to submit an objection with confidential
information that you do not wish to be made available to the public,
submit the objection as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper objections submitted to the Division of
Dockets Management, FDA will post your objection, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-F-1805 for ``Indirect Food Additives: Polymers.'' Received
objections, those filed in a timely manner (see DATES), will be placed
in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
     Confidential Submissions--To submit an objection with
confidential information that you do not wish to be made publicly
available, submit your objections only as a written/paper submission.
You should submit two copies total. One copy will include the
information you claim to be confidential with a heading or cover note
that states ``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' We
will review this copy, including the claimed confidential information,
in our consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Vivian Gilliam, Center for Food Safety
and Applied Nutrition (HFS-275), Food and Drug Administration, 5001
Campus Dr., College Park, MD 20740-3835,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In a document published in the Federal Register of June 30, 2016
(81 FR 42585), we announced that we filed a food additive petition (FAP
6B4816) submitted on behalf of Society of the Plastics Industry, Inc.
(SPI) by Keller and Heckman LLP, 1001 G Street NW., Suite 500 West,
Washington, DC 20001. The petition proposed to amend Sec.  177.1210 (21
CFR 177.1210) to no longer provide for the use of potassium perchlorate
as an additive in closure-sealing gaskets for food containers because
the use has been intentionally and permanently abandoned.

    In response to food additive petitions filed in 1962, FDA
authorized the use of 66 substances, including potassium perchlorate,
for the use in manufacturing closure-sealing gaskets under Sec.
177.1210 (27 FR 7092, July 26, 1962).

II. Evaluation of Abandonment

    Section 409(i) of the Federal Food, Drug, and Cosmetic Act (the
FD&C Act) (21 U.S.C. 348(i)) states that we shall, by regulation,
establish the procedure for amending or repealing a food additive
regulation, and that this procedure shall conform to the procedure
provided in section 409 of the FD&C Act. Our regulations specific to
administrative actions for food additives provide that the Commissioner
of Food and Drugs, on his own initiative or on the petition of any
interested person, may propose the issuance of a regulation amending or
repealing a regulation pertaining to a food additive (Sec.  171.130(a)
(21 CFR 171.130(a))). These regulations further provide that any such
petition must include an assertion of facts, supported by data, showing
that new information exists with respect to the food additive or that
new uses have been developed or old uses abandoned, that new data are
available as to toxicity of the chemical, or that experience with the
existing regulation or exemption may justify its amendment or repeal.
New data submitted as a food additive petition must be furnished in the
form specified in 21 CFR 171.1 and 171.100 for submitting such
petitions (Sec.  171.130(b)). Under these regulations, a petitioner may
propose that we amend a food additive regulation if the petitioner can
demonstrate that there are ``old uses abandoned'' for the relevant food
additive. Such abandonment must be complete and permanent for any
intended uses in the U.S. market. Although section 409 of the FD&C Act
and Sec.  171.130 also provide for amending or revoking a food additive
regulation based on safety, an amendment or revocation based on
abandonment is not based on the safety of the food additive. Instead,
the amendment or revocation is based on the fact that regulatory
authorization is no longer necessary because the use of the food
additive has been permanently and completely abandoned.
    Abandonment may be based on the abandonment of certain authorized
food additive uses for a substance (e.g., if a substance is no longer
used in certain product categories) or on the abandonment of all
authorized food additive uses of a substance (e.g., if a substance is
no longer being manufactured). If a petition seeks an amendment to a
food additive regulation based on the abandonment of certain uses of
the food additive, such uses must be adequately defined so that both
the scope of the abandonment and any amendment to the food additive
regulation are clear.
    The present petition includes the following information to support
the claim that the use of potassium perchlorate as a food additive in
closure-sealing gaskets for food containers has been abandoned in the
U.S. market: (1) None of the companies that originally petitioned for
the inclusion of potassium perchlorate in Sec.  177.1210 use potassium
perchlorate for food-contact applications in the United States; (2) the
sole domestic manufacturer of potassium perchlorate does not market the
substance into food contact applications in the United States; (3) the
major domestic manufacturers of gaskets do not use potassium
perchlorate in the manufacture of their products; and (4) none of the
member companies, which include domestic and international companies,
surveyed by SPI indicated that they had any knowledge or reason to
believe that potassium perchlorate was being used in closures with
sealing gaskets for food containers.
    First, the petition provided information to show that the original
petitioners who filed the food additive petitions that resulted in the
listing of potassium perchlorate in Sec.  177.1210 do not use potassium
perchlorate for food-contact applications in the United States. The
petition stated that three of the original four companies that filed
the food additive petitions that resulted in the listing for potassium
perchlorate in Sec.  177.1210 are still operating, and that the
division of the fourth company that participated in the original
petition is no longer in business. The petitioner surveyed the
remaining three companies (or their appropriate successor(s) in
interest) about their use of potassium perchlorate in closures with
sealing gaskets for food containers and asked them to verify that they
do not: (1) Currently manufacture potassium perchlorate for use as a
component of closures with sealing gaskets for food containers in the
United States; (2) currently import potassium perchlorate for use as a
component of closures with sealing gaskets for food containers in the
United States; (3) intend to manufacture or import potassium
perchlorate for use as a component of closures with sealing gaskets for
food containers in the United States in the future; or (4) currently
maintain any inventory of potassium perchlorate for sale or
distribution into commerce that is intended to be marketed for use as a
component of closures with sealing gaskets for food containers in the
United States. The petition included signed letters from the three
companies confirming agreement with these four points.
    Second, the petition asserted that American Pacific Corporation,
Western Electrochemical Company (AMPAC) is the sole known domestic
manufacturer of potassium perchlorate and provided information to show
that AMPAC does not market the substance for food contact applications
in the United States. Specifically, the petition included a signed
letter from AMPAC stating that it does not manufacture, import, or
maintain any inventory of potassium perchlorate for sale or
distribution for use in closures with sealing gaskets for food
containers in the United States. In addition, AMPAC provided
supplemental information stating that, to the best of its knowledge,
AMPAC is the sole domestic manufacturer of potassium perchlorate in the
United States.
    Third, the petition provided information to show that the major
domestic manufacturers of gaskets do not use potassium perchlorate in
the manufacture of their products. The petition stated that SPI
conducted research to identify all major U.S.-based manufacturers of
closures with sealing gaskets for food containers. The petition further
stated that SPI contacted each manufacturer identified by its research,
and that each company confirmed to SPI that it does not use potassium
perchlorate in the manufacture of gaskets for food contact materials,
and that potassium perchlorate may never have been used for this
purpose. According to the petition, these manufactures believe that
they represent the substantial majority of gasket production, not only
domestically, but globally as well.
    Fourth, the petition stated that SPI surveyed the 53 companies in
its Food, Drug, and Cosmetic Packaging Materials Committee (FDCPMC).
According to the petition, the FDCPMC companies represent the full
range of the packing supply chain of plastic food-contact material
manufacturers and their raw material suppliers, and they include
international companies with affiliates throughout the world. The
petition stated that the survey asked the companies to advise whether
they had any actual knowledge or reason to believe that ``potassium
perchlorate is being manufactured, used, distributed, or imported into
the U.S. for use in the manufacture of closures with sealing gaskets
for food-contact applications.'' No company responded that it had any

knowledge or reason to believe that potassium perchlorate was being
used in closures with sealing gaskets for food containers. Moreover,
the petition stated that, in its effort to gather supporting
information, the petitioner was unable to identify any company with
memory of, or records indicating, that potassium perchlorate had ever
been used commercially as a component of closures with sealing gaskets.

III. Comments on the Filing Notification

    We provided 60 days for comments on the filing notification. We
received two comments. For ease of reading, we preface each comment
discussion with a numbered ``Comment,'' and the word ``Response''
appears before FDA's response. The number assigned is for
organizational purposes only and does not signify any individual
comment's value, importance, or order in which it was received.
    (Comment 1) The comment requested that we not make a final decision
on the petition until after we make a final decision on the petition
(FAP 4B4808) submitted in 2014 by Natural Resources Defense Council et
al. (Docket No. FDA-2015-F-0537), asking us to remove certain
authorizations, including the use of potassium perchlorate that is the
subject of this petition. The comment stated that we are statutorily
required to regulate food additives and prevent the use of those that
are unsafe and that FDA's failure to make a determination based on
safety would fall short of FDA's statutory duty. The comment stated
that if we make a decision on the petition based on abandonment before
making a decision on FAP 4B4808 based on safety, a company may conclude
that the use of potassium perchlorate in closures with sealing gaskets
for food containers is generally recognized as safe (GRAS) without
notifying us. The comment also stated that making a decision on the
abandonment petition first encourages industry to only consider whether
a use of a food additive has been abandoned in order to preempt a
safety decision.
    (Response) FDA disagrees. We are not required to make a final
decision on FAP 4B4808 before the current petition. With regard to the
assertion that FDA is required to make a safety determination, FDA has
numerous responsibilities related to food additives. Each year, FDA
receives and responds to hundreds of submissions under the various
petition and notification programs it administers. Therefore, if the
use of a food additive is no longer authorized in response to an
abandonment petition, FDA may determine that it is neither necessary
nor an efficient use of its limited resources to address safety
arguments related to an abandoned use.
    With regard to the comment's concern that a manufacturer may
conclude that the use of potassium perchlorate in closures with sealing
gaskets for food containers is GRAS without notifying us, we note that,
for a substance to be GRAS based on scientific procedures, the
scientific data and information about the use of a substance must be
generally available and there must be general recognition among
qualified experts that those data and information establish that the
substance is safe under the conditions of its intended use (Sec.
170.30). Prior approval as a food additive does not necessarily mean
that the use of a substance is GRAS (see 81 FR 54960 at 54976, August
17, 2016). FDA encourages firms to seek our evaluation of any
conclusion of GRAS status before they introduce the substance into the
market. In the event that, after the authorization in Sec.  177.1210
has been removed based on abandonment, a manufacturer later wishes to
use potassium perchlorate for this intended use, we would expect the
manufacturer to seek re-authorization through submission of a food
contact notification or food additive petition because this intended
use was previously authorized under section 409 of the FD&C Act.
    With regard to the assertion that an abandonment petition could be
used by industry to preempt a safety determination by FDA, we have the
discretion to make a safety determination regardless of whether there
is an abandonment petition.
    (Comment 2) The comment stated that SPI has not considered overseas
use and manufacturing of potassium perchlorate in closures with sealing
gaskets for food containers. The comment indicated that SPI had not
provided sufficient assurances that the uses of potassium perchlorate
had been abandoned.
    (Response) FDA disagrees. According to the petition, SPI gathered
information about the use of potassium perchlorate used in closures
with sealing gaskets for food containers from its member companies,
which include international companies with affiliates throughout the
world, and from major domestic manufacturers of gaskets, and these
manufacturers believe that they represent the substantial majority of
gasket production, not only domestically, but globally as well. None of
the companies surveyed reported that they had any reason to believe
that potassium perchlorate is used to make closures with sealing
gaskets for food containers. We note that the comment did not provide
information to show that this use has not been abandoned.
    In addition, when we publish a notice of filing of a food additive
petition, we notify the World Trade Organization (WTO) of the FAP
filing. The WTO provides notice of the potential action (in this case,
the removal of authorization for potassium perchlorate in Sec.
177.1210 based upon abandonment) to the WTO contact point for each WTO
member country. The WTO contact point for each country distributes the
notices to the relevant regulatory agencies and industry bodies within
that country. If the proposed action affects a member country's trade
of affected products, it would provide comment to the WTO notice by
commenting to the appropriate docket established for the petition. We
did not receive any comments to the WTO notice on the filing of this
petition.

IV. Conclusion

    We reviewed the data and information in the petition and other
available relevant material to determine whether the use of potassium
perchlorate as an additive in closure-sealing gaskets for food
containers has been permanently and completely abandoned. Based on the
available information, we conclude that the use of potassium
perchlorate has been abandoned for use as an additive in closure-
sealing gaskets for food containers. Therefore, we are amending part
177 as set forth in this document to no longer provide for the use of
potassium perchlorate as an additive in closure-sealing gaskets for
food containers.
    Because the authorization for this intended use has been removed
from Sec.  177.1210 based on abandonment, we do not anticipate that
industry will resume this intended use in the future. In the event
that, after the authorization in Sec.  177.1210 has been removed based
on abandonment, a manufacturer later wishes to use potassium
perchlorate for this intended use, we would expect the manufacturer to
seek re-authorization through submission of a food contact notification
or food additive petition because this intended use was previously
authorized under section 409 of the FD&C Act.

V. Public Disclosure

    In accordance with Sec.  171.1(h), the petition and the documents
that we considered and relied upon in reaching our decision to approve
the petition will be made available for public disclosure (see FOR
FURTHER INFORMATION CONTACT). As provided in Sec.  171.1(h), we will
delete from the documents any

materials that are not available for public disclosure.

VI. Analysis of Environmental Impact

    We previously considered the environmental effects of this rule, as
stated in the Federal Register of June 30, 2016, notice of petition for
FAP 6B4816. We stated that we had determined, under 21 CFR 25.32(m),
that this action ``is of a type that does not individually or
cumulatively have a significant effect on the human environment,'' such
that neither an environmental assessment nor an environmental impact
statement is required. We have not received any new information or
comments that would affect our previous determination.

VII. Paperwork Reduction Act of 1995

    This final rule contains no collection of information. Therefore,
clearance by the Office of Management and Budget under the Paperwork
Reduction Act of 1995 is not required.

VIII. Objections

    If you will be adversely affected by one or more provisions of this
regulation, you may file with the Division of Dockets Management (see
ADDRESSES) either electronic or written objections. You must separately
number each objection, and within each numbered objection you must
specify with particularity the provision(s) to which you object, and
the grounds for your objection. Within each numbered objection, you
must specifically state whether you are requesting a hearing on the
particular provision that you specify in that numbered objection. If
you do not request a hearing for any particular objection, you waive
the right to a hearing on that objection. If you request a hearing,
your objection must include a detailed description and analysis of the
specific factual information you intend to present in support of the
objection in the event that a hearing is held. If you do not include
such a description and analysis for any particular objection, you waive
the right to a hearing on the objection.
    Any objections received in response to the regulation may be seen
in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday, and will be posted to the docket at https://www.regulations.gov.

List of Subjects in 21 CFR Part 177

    Food additives, Food packaging.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
177 is amended as follows:

PART 177--INDIRECT FOOD ADDITIVES: POLYMERS

0
1. The authority citation for part 177 continues to read as follows:

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

Sec.  177.1210  [Amended]

0
2. In Sec.  177.1210, in paragraph (b)(5), in table 1, remove the entry
for ``Potassium perchlorate.''

    Dated: April 28, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-08988 Filed 5-3-17; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Proposed Rules]
[Pages 82365-82370]
[FR Doc No: 2010-32785]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-HQ-OAR-2010-1033; FRL-9244-8]
RIN-2060-AQ66

Determinations Concerning Need for Error Correction, Partial
Approval and Partial Disapproval, and Federal Implementation Plan
Regarding Texas Prevention of Significant Deterioration Program;
Proposed Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to correct its previous full approval of
Texas's Clean Air Act (CAA) Prevention of Significant Deterioration
(PSD) program to be a partial approval and partial disapproval and is
proposing a Federal Implementation Plan (FIP) for Texas. This action is
based on EPA's determination that Texas's PSD program is flawed because
the state did not address how the program would apply to all pollutants
that would become newly subject to regulation in the future, including
non-National Ambient Air Quality Standard (NAAQS) pollutants, among
them greenhouse gases (GHGs). The partial disapproval requires EPA to
promulgate a FIP and so EPA is also proposing a FIP in order to assure
that GHG-emitting sources in Texas are able to proceed with plans to
construct or expand. In the ``Rules'' section of this Federal Register,
we are taking this action including the FIP

through an interim final rule that is effective immediately.

DATES: Comments. Comments must be received on or before February 12,
2011.
    Public Hearing: A public hearing will be held on January 14, 2011.
Please refer to SUPPLEMENTARY INFORMATION for additional information on
the comment period and public hearing.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2010-1033, by one of the following methods:
     http://www.regulations.gov: Follow the online instructions
for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Attention Docket ID No. EPA-HQ-OAR-2010-1033, U.S.
Environmental Protection Agency, EPA West (Air Docket), 1200
Pennsylvania Avenue, NW., Mail code: 6102T, Washington, DC 20460.
Please include a total of 2 copies.
     Hand Delivery: U.S. Environmental Protection Agency, EPA
West (Air Docket), 1301 Constitution Avenue, Northwest, Room 3334,
Washington, DC 20004, Attention Docket ID No. EPA-HQ-OAR-2010-1033.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2010-1033. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, avoid 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 docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency, Air Docket, EPA/DC, EPA West Building, Room 3334,
1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the Air Docket is (202)
566-1742.
    Public Hearing. The January 14, 2011, public hearing will be held
at Crowne Plaza Hotel Dallas Downtown, 1015 Elm Street, Dallas, Texas,
phone:<PHONE_NUMBER>. The public hearing will convene at 10 a.m. and
will end at 7 p.m. or until the last registered speaker has spoken.
Please refer to SUPPLEMENTARY INFORMATION for additional information on
the public hearing.

FOR FURTHER INFORMATION CONTACT: For information on this proposed rule,
contact Ms. Cheryl Vetter, Air Quality Policy Division, Office of Air
Quality Planning and Standards (C504-03), Environmental Protection
Agency, Research Triangle Park, NC 27711; telephone number: (919) 541-
4391; fax number:<PHONE_NUMBER>; e-mail address:
vetter.cheryl@mailto:epa.gov.
    If you would like to present oral testimony at the public hearing,
please contact Ms. Pamela Long, U.S. Environmental Protection Agency,
Office of Air Quality Planning and Standards, Air Quality Planning
Division, (C504-03), Research Triangle Park, NC 27711, telephone (919)
541-0641, fax number<PHONE_NUMBER>, e-mail address<EMAIL_ADDRESS>(preferred method for registering), no later than January 12, 2011. If
using e-mail, please provide the following information: Time you wish
to speak (morning, afternoon, evening), name, affiliation, address, e-
mail address, and telephone and fax numbers.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    The only governmental entity potentially affected by this rule is
the State of Texas. Other entities potentially affected by this rule
also include sources in all industry groups within the State of Texas,
which have a direct obligation under the CAA to obtain a PSD permit for
GHGs for projects that meet the applicability thresholds set forth in
the Tailoring Rule.\1\ This independent obligation on sources is
specific to PSD and derives from CAA section 165(a). The majority of
entities potentially affected by this action are expected to be in the
following groups:
---------------------------------------------------------------------------

    \1\ ``Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule;'' Final Rule. 75 FR 31514 (June 3,
2010).

------------------------------------------------------------------------
        Industry group                         NAICS \a\
------------------------------------------------------------------------
Utilities (electric, natural   2211, 2212, 2213
 gas, other systems).
Manufacturing (food,           311, 312, 313, 314, 315, 316
 beverages, tobacco,
 textiles, leather).
Wood product, paper            321, 322
 manufacturing.
Petroleum and coal products    32411, 32412, 32419
 manufacturing.
Chemical manufacturing.......  3251, 3252, 3253, 3254, 3255, 3256, 3259
Rubber product manufacturing.  3261, 3262
Miscellaneous chemical         32552, 32592, 32591, 325182, 32551
 products.

Nonmetallic mineral product    3271, 3272, 3273, 3274, 3279
 manufacturing.
Primary and fabricated metal   3311, 3312, 3313, 3314, 3315, 3321, 3322,
 manufacturing.                 3323, 3324, 3325, 3326, 3327, 3328, 3329
Machinery manufacturing......  3331, 3332, 3333, 3334, 3335, 3336, 3339
Computer and electronic        3341, 3342, 3343, 3344, 3345, 4446
 products manufacturing.
Electrical equipment,          3351, 3352, 3353, 3359
 appliance, and component
 manufacturing.
Transportation equipment       3361, 3362, 3363, 3364, 3365, 3366, 3366,
 manufacturing.                 3369
Furniture and related product  3371, 3372, 3379
 manufacturing.
Miscellaneous manufacturing..  3391, 3399
Waste management and           5622, 5629
 remediation.
Hospitals/nursing and          6221, 6231, 6232, 6233, 6239
 residential care facilities.
Personal and laundry services  8122, 8123
Residential/private            8141
 households.
Non-residential (commercial).  Not available. Codes only exist for
                                private households, construction and
                                leasing/sales industries.
------------------------------------------------------------------------
\a\ North American Industry Classification System.

B. Where can I get a copy of this document and other related
information?

    In addition to being available in the docket, an electronic copy of
this proposal will also be available on the World Wide Web. Following
signature by the EPA Administrator, a copy of this notice will be
posted on the EPA's NSR Web site, under Regulations & Standards, at
http://www.epa.gov/nsr.

C. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. Send or deliver information
identified as CBI only to the following address: Roberto Morales, OAQPS
Document Control Officer (C404-02), U.S. EPA, Research Triangle Park,
NC 27711, Attention Docket ID No. EPA-HQ-OAR-2010-1033.
    2. Tips for preparing your comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

D. What information should I be aware of if I plan to attend the public
hearing?

    The January 14, 2011, public hearing will provide interested
parties the opportunity to present data, views, or arguments concerning
this proposal. The EPA may ask clarifying questions during the oral
presentations, but will not respond to the presentations at that time.
Written statements and supporting information submitted during the
comment period will be considered with the same weight as oral comments
and supporting information presented at the public hearing. Written
comments on the proposed rule must be postmarked by February 12, 2011,
30 days after the January 14, 2011 hearing. Commenters should notify
Ms. Long if they will need specific equipment, or if there are other
special needs related to providing comments at the hearing. The EPA
will provide equipment for commenters to show overhead slides or make
computerized slide presentations if we receive special requests in
advance. Oral testimony will be limited to 5 minutes for each
commenter. The EPA encourages commenters to provide EPA with a copy of
their oral testimony electronically (via e-mail or CD) or in hard copy
form. The hearing schedule, including lists of speakers, will be posted
on EPA's Web site http://www.epa.gov/nsr. Verbatim transcripts of the
hearing and written statements will be included in the docket for the
rulemaking. EPA will make every effort to follow the schedule as
closely as possible on the day of the hearing; however, please plan for
the hearing to run either ahead of schedule or behind schedule.

D. How is the preamble organized?

    The information presented in this preamble is organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related
information?
    C. What should I consider as I prepare my comments for EPA?
    D. How is the preamble organized?
II. Proposed Action
III. Statutory and Executive Order Reviews
    A. Executive Order 12866--Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform

    E. Executive Order 13132--Federalism
    F. Executive Order 13175--Consultation and Coordination with
Indian Tribal Governments
    G. Executive Order 13045--Protection of Children from
Environmental Health Risks and Safety Risks
    H. Executive Order 13211--Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898--Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. CAA Section 307(d)
IV. Statutory Authority

II. Proposed Action

    We have published an interim final rule in the ``Rules'' section of
this Federal Register to revise our previous full approval of Texas's
PSD state implementation plan (SIP) to a partial approval and partial
disapproval (the ``Interim Final Rule''), and to implement a FIP to
apply the PSD program to those non-NAAQS pollutants to which the Texas
PSD program does not already apply. We have explained our reasons for
this action in the preamble to that rule. The reader is referred to the
Interim Final Rule for detailed information on this proposed action.
    We solicit comment on all aspects of the rationale and legal basis
for our determination that the Texas PSD program was flawed at the time
we approved and therefore that we erred in approving it; and our
approach to correcting our error, i.e., converting our previous full
approval of the Texas PSD SIP to a partial approval and partial
disapproval using the error correction mechanism under CAA section
110(k)(6). This includes our finding that the Texas PSD SIP's failure
to address, or provide assurances of having adequate legal authority,
concerning the application of PSD to all pollutants newly subject to
regulation, including non-NAAQS pollutants, constitutes a flaw that
existed at the time that EPA granted full approval of that program in
1992. This also includes our legal authority and approach for
correcting our error in previously granting full approval of the Texas
PSD SIP, including relying on the error correction provisions under CAA
section 110(k)(6) and our general authority to reconsider our actions
under CAA sections 110 and 301(a). We also solicit comment on our
justification for proceeding with this rulemaking, including
promulgating and implementing the FIP, as soon as possible in order to
provide a permitting authority and thereby allow Texas sources to avoid
delays in construction and modification. Finally, EPA specifically
requests comments on the regulatory language included in the interim
final rule. We are not soliciting comment on, and will not address,
comments on issues addressed in what we call the Endangerment
Finding,\2\ the Light-Duty Vehicle Rule,\3\ the Johnson Memo
Reconsideration\4\ and the Tailoring Rule,\5\ or the 1978, 1980, or
2002 PSD rules.\6\ These issues include, but are not limited to, (i)
EPA's interpretation of the CAA as directly applying PSD requirements
to major emitting facilities independent of any SIP requirements, and
(ii) the applicability of PSD to non-NAAQS pollutants.
---------------------------------------------------------------------------

    \2\ ``Endangerment and Cause or Contribute Findings for
Greenhouse Gases Under Section 202(a) of the Clean Air Act.'' 74 FR
66,496 (December 15, 2009).
    \3\ ``Light-Duty Vehicle Greenhouse Gas Emission Standards and
Corporate Average Fuel Economy Standards; Final Rule.'' 75 FR 25,324
(May 7, 2010).
    \4\ ``Interpretation of Regulations that Determine Pollutants
Covered by Clean Air Act Permitting Programs.'' 75 FR 17004 (April
2, 2010). This action finalizes EPA's response to a petition for
reconsideration of ``EPA's Interpretation of Regulations that
Determine Pollutants Covered by Federal Prevention of Significant
Deterioration (PSD) Permit Program'' (commonly referred to as the
``Johnson Memo''), December 18, 2008.
    \5\ ``Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule; Final Rule.'' 75 FR 31514 (June 3,
2010).
    \6\ 67 FR 80186 (Dec. 31, 2002); 45 FR 52676 (Aug. 7, 1980); 43
FR 26380 (June 19, 1978); and 43 FR 26388 (June 19, 1978).
---------------------------------------------------------------------------

III. Statutory and Executive Order Reviews

A. Executive Order 12866--Regulatory Planning and Review

    Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993),
this action is a ``significant regulatory action'' because it raises
novel legal or policy issues. Accordingly, EPA submitted this action to
the Office of Management and Budget (OMB) for review under EO 12866 and
any changes made in response to OMB recommendations have been
documented in the docket for this action.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
The OMB has previously approved the information collection requirements
contained in the existing regulations for PSD (see, e.g., 40 CFR 52.21)
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. and has assigned OMB control number 2060-0003. The OMB control
numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this notice on small
entities, small entity is defined as: (1) A small business that is a
small industrial entity as defined in the U.S. Small Business
Administration (SBA) size standards (see 13 CFR 121.201); (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district, or special district with a population of less than
50,000; or (3) a small organization that is any not-for-profit
enterprise that is independently owned and operated and is not dominant
in its field.
    After considering the economic impacts of this proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. Although
this rule could lead to federal permitting requirements for certain
sources in Texas, those sources are large emitters of GHGs and tend to
be large sources. We continue to be interested in the potential impacts
of the proposed rule on small entities and welcome comments on issues
related to such impacts.

D. Unfunded Mandates Reform Act

    This rule does not contain a federal mandate that may result in
expenditures of $100 million or more for state, local, and tribal
governments, in the aggregate, or the private sector in any one year.
The action may impose a duty on Texas to meet their existing obligation
for PSD SIP submittal, but with lesser expenditures. Thus, this
proposed rule is not subject to the requirements of sections 202 or 205
of UMRA.
    This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This action applies
only to Texas.

E. Executive Order 13132--Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on Texas, on the relationship between the
national

government and Texas, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132. With this action, EPA is only proposing to
revise its previous full approval of the Texas PSD SIP to be a partial
approval and partial disapproval to correct an error made in granting
full approval, and to put a FIP in place in order to assure that GHG-
emitting sources in Texas are able to proceed with plans to construct
or expand until Texas revises its SIP. Thus, Executive Order 13132 does
not apply to this action.
    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and state and local
governments, EPA specifically solicits comment on this proposed rule
from state and local officials.

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

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). In this action,
EPA is not addressing any tribal implementation plans. This action is
limited to Texas's PSD SIP. Thus, Executive Order 13175 does not apply
to this action.
    Although Executive Order 13175 does not apply to this proposed
rule, EPA specifically solicits additional comment on this proposed
action from tribal officials.

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

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This action is not subject to EO
13045 because EPA is only proposing to revise its previous full
approval of the Texas PSD SIP to be a partial approval and partial
disapproval to correct an error made in granting full approval, and to
put a FIP in place in order to assure that GHG-emitting sources in
Texas are able to proceed with plans to construct or expand.

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

    This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355(May 22, 2001)), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. With this action, EPA is only proposing
to revise its previous full approval of the Texas PSD SIP to be a
partial approval and partial disapproval to correct an error made in
granting full approval, and to put a FIP in place in order to assure
that GHG-emitting sources in Texas are able to proceed with plans to
construct or expand.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the U.S.
    EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. With this action, EPA is only proposing to revise its
previous full approval of the Texas PSD SIP to be a partial approval
and partial disapproval to correct an error made in granting full
approval.

K. CAA section 307(d)(1)

    Pursuant to section 307(d)(1)(B) and (V) of the CAA, the
Administrator determines that this action is subject to the provisions
of section 307(d). Section 307(d)(1)(B) provides that the provisions of
section 307(d) apply to the promulgation or a FIP by the Administrator
under CAA section 110(c) and section 307(d)(1)(V) provides that the
provisions of section 307(d) apply to ``such other actions as the
Administrator may determine.''

IV. Statutory Authority

    The statutory authority for this action is provided by sections
101, 110, 114, 116, and 301 of the CAA as amended (42 U.S.C. 7401,
7410, 7414, 7416, and 7601).

List of Subjects in 40 CFR Part 52

    Air pollution control, Carbon dioxide, Carbon dioxide equivalents,
Carbon monoxide, Environmental protection, Greenhouse gases,
Hydrofluorocarbons, Incorporation by reference, Intergovernmental
relations, Lead, Methane, Nitrogen dioxide, Nitrous oxide, Ozone,
Particulate matter, Perfluorocarbons, Reporting and recordkeeping
requirements, Sulfur hexafluoride, Sulfur oxides, Volatile organic
compounds.

    Dated: December 23, 2010.
Lisa P. Jackson,
Administrator.
    For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is proposed to be amended as follows:

PART 52--[AMENDED]

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

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

    2. Section 52.2305 is added to read as follows:

Sec.  52.2305  What are the requirements of the Federal Implementation
Plan (FIP) to issue permits under the Prevention of Significant
Deterioration requirements to sources that emit greenhouse gases?

    (a) The requirements of sections 160 through 165 of the Clean Air
Act are not met to the extent the plan, as approved, for Texas does not
apply with respect to emissions of the pollutant GHGs from certain
stationary sources. Therefore, the provisions of Sec.  52.21 except
paragraph (a)(1) are hereby made a part of the plan for Texas for:
    (1) Beginning on [THE EFFECTIVE DATE OF THE FINAL RULE], the
pollutant GHGs from stationary sources described in Sec.
52.21(b)(49)(iv), and

    (2) Beginning July 1, 2011, in addition to the pollutant GHGs from
sources described under paragraph (a)(1) of this section, stationary
sources described in Sec.  52.21(b)(49)(v).
    (b) For purposes of this section, the ``pollutant GHGs'' refers to
the pollutant GHGs, as described in Sec.  52.21(b)(49)(i).
    (c) In addition, the United States Environmental Protection Agency
shall take such action as is appropriate to assure the application of
PSD requirements to sources in Texas for any other pollutants that
become subject to regulation under the federal Clean Air Act for the
first time after January 2, 2011.

[FR Doc. 2010-32785 Filed 12-29-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 1, 2007 (Volume 72, Number 83)]
[Notices]
[Page 23810]
[DOCID:fr01my07-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-403-000]

Northern Natural Gas Company; Notice of Proposed Changes in FERC
Gas Tariff

April 24, 2007.
    Take notice that on April 19, 2007, Northern Natural Gas Company
(Northern), tendered for filing in its FERC Gas Tariff, Fifth Revised
Volume No. 1, Ninth Revised Sheet No. 146, to become effective May 20,
2007.
    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 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 in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
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 14 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<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-8209 Filed 4-30-07; 8:45 am]

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[Federal Register: August 8, 2008 (Volume 73, Number 154)]
[Notices]
[Page 46347-46349]
[DOCID:fr08au08-110]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Passenger Facility Charge (PFC) Approvals and
Disapprovals.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Monthly Notice of PFC Approvals and Disapprovals. In July 2008,
there were three applications approved. This notice also includes
information on two applications, approved in June 2008, inadvertently
left off the June 2008 notice. Additionally, 20 approved amendments to
previously approved applications are listed.

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SUMMARY: The FAA publishes a monthly notice, as appropriate, of PFC
approvals and disapprovals under the provisions of the Aviation Safety
and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget
Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the
Federal Aviation Regulations (14 CFR Part 158). This notice is
published pursuant to paragraph d of Sec.  158.29.

PFC Applications Approved

    Public Agency: San Diego County Regional Airport Authority, San
Diego, California.
    Application Number: 08-05-C-00-SAN. APPLICATION TYPE: Impose and
use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $26,301,763.
    Earliest Charge Effective Date: April 1, 2009.
    Estimated Charge Expiration Date: October 1, 2009.
    Class of Air Carriers Not Required to Collect PFC's: Non-scheduled/
on-demand air carriers filing FAA Form 1800-31.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the proposed
class accounts for less than 1 percent of the total annual enplanements
at San Diego International Airport.
    Brief Description of Projects Approved for Collection and Use at a
$4.50 PFC Level: Security checkpoint improvements. Airfield
improvements. Replace aircraft rescue and firefighting vehicle. Noise
mitigation.
    Brief Description of Projects Approved for Collection and Use at A
$3.00 PFC Level: Terminal area 12 kv electrical upgrade, phase I.
Upgrade passenger information and paging systems. Part 150 study
update. Conduct terminal planning study.
    Decision Date: June 27, 2008.
    For Further Information Contact: Darlene Williams, Los Angeles
Airports District Office,<PHONE_NUMBER>.
    Public Agency: City of Savannah and Savannah Airport Commission,
Savannah, Georgia.
    Application Number: 08-07-C-00-SAV.
    Application Type: Impose and use a PFC. PFC LEVEL: $4.50.
    Total PFC Revenue Approved in This Decision: $2,558,778.
    Earliest Charge Effective Date: March 1, 2013.
    Estimated Charge Expiration Date: November 1, 2013.
    Class of Air Carriers Not Required to Collect PFC's: Air taxi/
commercial operators filing FAA Form 1800-31.00-31.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the proposed
class accounts for less than 1 percent of the total annual enplanements
at Savannah/Hilton Head International Airport.
    Brief Description of Projects Approved for Collection and Use:

Rehabilitation--runway shoulders.
PFC implementation and administration.
Construct taxiway--southwest quadrant.
Taxiway B extension.
Runway 18/36 extension.
Airport master plan.
Cool air system to nine jet bridges.
Taxiway C-2.
Airport layout plan update.
Bio Scrypt 15 boarding bridge doors.
Update main communication 800 Mhz system to digital.

    Brief Description of Project Partially Approved for Collection and
Use: Navigational aids.
    Determination: Partially approved. One component of the proposed
project,

the installation of localizers on runways 18 and 27 did not meet the
requirements of Sec.  158.15(b)(1).
    Brief Description of Project Approved for Collection: Relocate
airfield maintenance road.
    Decision Date: June 27, 2008.
    For Further Information Contact: John Marshall, Atlanta Airports
District Office,<PHONE_NUMBER>.
    Public Agency: Birmingham Airport Authority, Birmingham, Alabama.
    Application Number: 08-07-C-00-BHM.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $15,173,639.
    Earliest Charge Effective Date: October 1, 2008.
    Estimated Charge Expiration Date: March 1, 2010.
    Class of Air Carriers Not Required To Collect PFCs: Air taxi/
commercial operators filing FAA Form 1800-31.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the proposed
class accounts for less than 1 percent of the total annual enplanements
at Birmingham International Airport.
    Brief Description of Projects Approved for Collection and Use:
Acquire noise land. Terminal modernization program--design.
    Decision Date: July 2, 2008.
    For Further Information Contact: Keafur Grimes, Jackson Airports
District Office,<PHONE_NUMBER>.
    Public Agency: City of Colorado Springs, Colorado.
    Application Number: 08-13-C-00-COS.
    Application Type: Impose and use a PFC.
    PFC Level: $3.00.
    Total PFC Revenue Approved in This Decision: $8,307,189.
    Earliest Charge Effective Date: December 1, 2010.
    Estimated Charge Expiration Date: January 1, 2014.
    Class of Air Carriers Not Required to Collect PFCs: None.
    Brief Description of Projects Approved for Collection and Use: West
aviation development south taxilane. West aviation development south
parking area.
    Decision Date: July 23, 2008.
    For Further Information Contact: Chris Schaffer, Denver Airports
District Office,<PHONE_NUMBER>.
    Public Agency: County of Kalamazoo, Kalamazoo, Michigan.
    Application Number: 08-06-C-00-AZO.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $14,821,076.
    Earliest Charge Effective Date: September 1, 2008.
    Estimated Charge Expiration Date: September 1, 2024.
    Class of Air Carriers Not Required to Collect PFC's: Non-scheduled/
on-demand air taxi operators filing FAA Form 1800-31.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the proposed
class accounts for less than 1 percent of the total annual enplanements
at Kalamazoo-Baffle Creek International Airport.
    Brief Description of Project Approved for Collection and Use:
Construction of a replacement terminal building.
    Decision Date: July 25, 2008.
    For Further Information Contact: Irene Porter, Detroit Airports
District Office,<PHONE_NUMBER>.

                                                               Amendments to PFC Approvals
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Original         Amended
                                                                        Amendment         Original         Amended         estimated        estimated
                     Amendment No., city, state                       approved date     approved net     approved net     charge exp.      charge exp.
                                                                                PFC revenue      PFC revenue          date             date
--------------------------------------------------------------------------------------------------------------------------------------------------------
95-03-C-04-PNS, Pensacola, FL......................................         06/20/08       $1,860,000       $1,747,888         08/01/99         08/01/99
92-01-C-05-PNS, Pensacola, FL......................................         06/24/08        8,595,500        8,190,719         04/01/98         04/01/98
92-01-C-06-PNS, Pensacola, FL......................................         06/24/08        8,190,719        7,760,275         04/01/98         04/01/98
95-02-U-01-PNS, Pensacola, FL......................................         06/24/08            \(1)\            \(1)\         04/01/98         04/01/98
92-01-C-07-PNS, Pensacola, FL......................................         06/24/08        7,760,275        8,041,242         04/01/98         04/01/98
95-03-C-03-PNS, Pensacola, FL......................................         06/24/08        1,747,888        1,747,888         08/01/99         08/01/99
02-05-C-01-PNS, Pensacola, FL......................................         06/24/08          350,000          182,914         09/01/07         09/01/07
01-02-C-01-CKB, Bridgeport, WV.....................................         07/02/08          182,344          101,489         08/01/02         08/01/02
99-04-C-02-PNS, Pensacola, FL......................................         07/03/08       19,400,000       20,161,348         09/01/07         09/01/07
99-04-C-03-PNS, Pensacola, FL......................................         07/03/08       20,161,348       15,303,041         09/01/07         09/01/07
03-06-U-01-PNS, Pensacola, FL......................................         07/03/08            \(1)\            \(1)\         09/01/07         09/01/07
00-01-C-03-FAY, Fayetteville, NC...................................         07/03/08          571,671          569,490         10/01/05         10/01/05
00-01-C-04-FAY, Fayetteville, NC...................................         07/03/08          569,490          398,811         10/01/05         10/01/05
02-02-U-02-FAY, Fayetteville, NC...................................         07/03/08            \(1)\            \(1)\         10/01/05         10/01/05
03-06-C-02-SLC, Salt Lake City, UT.................................         07/08/08       62,532,179       62,670,838         09/01/04         02/01/05
06-05-C-01-LFT, Lafayette, LA......................................         07/09/08          795,000          756,165         04/01/08         04/01/08
98-03-C-05-DSM, Des Moines, IA.....................................         07/11/08       12,882,783        7,174,449         05/01/04         05/01/04
93-01-C-05-CRW, Charleston, WV.....................................         07/17/08        2,504,316        2,304,154         12/01/97         12/01/97
02-08-C-03-JAC, Jackson, WY........................................         07/17/08        1,189,579        1,189,579         01/01/04         08/01/04
98-04-C-03-CRW, Charleston, WV.....................................         07/21/08          700,795          698,992         05/01/00         05/01/00
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Not applicable.

    Issued in Washington, DC, on July 31, 2008
Joe Hebert
Manager, Financial Analysis and Passenger Facility Charge Branch
[FR Doc. E8-18134 Filed 8-7-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 84, Number 60 (Thursday, March 28, 2019)]
[Proposed Rules]
[Pages 11668-11669]
[FR Doc No: 2019-05954]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 573

[Docket No. FDA-2019-F-0670]

Uralkali PSJ; Filing of Food Additive Petition

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification; petition for rulemaking.

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

SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is
announcing that we have filed a petition, submitted by Uralkali PSJ,
proposing that the food additive regulations be amended to provide for
the safe use of yellow prussiate of soda as an anticaking agent for
potassium chloride in animal food.

DATES: Submit either electronic or written comments on the petitioner's
environmental assessment by April 29, 2019.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before April 29, 2019. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of April 29, 2019. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2019-F-0670 for ``Food Additives Permitted in Feed and Drinking
Water of Animals; Yellow Prussiate of Soda.'' Received comments, those
filed in a timely manner (see ADDRESSES), will be placed in the docket
and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the

Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Chelsea Trull, Center for Veterinary
Medicine, Food and Drug Administration, 7519 Standish Pl., Rockville,
MD 20855,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the Federal Food, Drug, and Cosmetic
Act (section 409(b)(5) (21 U.S.C. 348(b)(5))), we are giving notice
that we have filed a food additive petition (FAP 2307), submitted by
Uralkali PSJ, Ul., Pyatiletki 63, Berezniki, Perm Territory, 618426,
Russia. The petition proposes to amend the food additive regulations in
21 CFR part 573 Food Additives Permitted in Feed and Drinking Water of
Animals to provide for the safe use of yellow prussiate of soda as an
anticaking agent for potassium chloride in animal food.
    We are reviewing the potential environmental impact of this
petition. To encourage public participation consistent with regulations
issued under the National Environmental Policy Act (40 CFR 1501.4(b)),
we are placing the environmental assessment submitted with the petition
that is the subject of this notice on public display at the Dockets
Management Staff (see DATES and ADDRESSES) for public view and comment.
    We will also place on public display, at the Dockets Management
Staff and at https://www.regulations.gov, any amendments to, or
comments on, the petitioner's environmental assessment without further
announcement in the Federal Register. If, based on our review, we find
that an environmental impact statement is not required, and this
petition results in a regulation, we will publish the notice of
availability of our finding of no significant impact and the evidence
supporting that finding with the regulation in the Federal Register in
accordance with 21 CFR 25.51(b).

    Dated: March 22, 2019.
Lowell J. Schiller,
Acting Associate Commissioner for Policy.
[FR Doc. 2019-05954 Filed 3-27-19; 8:45 am]
 BILLING CODE 4164-01-P