[Federal Register Volume 76, Number 115 (Wednesday, June 15, 2011)]
[Rules and Regulations]
[Pages 34883-34886]
[FR Doc No: 2011-14569]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

 [EPA-HQ-OPP-2010-1081; FRL-8875-4]

Pesticide Tolerances; Technical Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA has reviewed its pesticide regulations and is making
changes in a number of areas. These changes will correct cross-
references, remove expired tolerances, ``reserve'' paragraphs within
sections that no longer have any tolerances listed due to the removal
of expired tolerances, and remove sections that no longer have any
tolerances due to the removal of expired tolerances. These changes have
no substantive impact on any requirements. As such, notice and public
comment procedures are unnecessary.

DATES: This final rule is effective June 15, 2011.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2010-1081. All documents in the
docket are listed in the docket index available in http://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Andrew Ertman, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to those
engaged in the following activities:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather to
provide a guide for readers regarding entities likely to be affected by
this action. Other types of entities not listed in this unit could also
be affected. The North American Industrial Classification System
(NAICS) codes have been provided to assist you and others in
determining whether this action might apply to certain entities. If you
have any questions regarding the applicability of this action to a
particular entity, consult

the person listed under FOR FURTHER INFORMATION CONTACT.

II. What does this amendment do?

    This amendment makes changes in a number of areas within 40 CFR
part 180, subpart C. In several sections within 40 CFR part 180,
subpart C, there is a paragraph (c) to address tolerances with regional
registrations that incorrectly cross-references 40 CFR 180.1(m) as
providing the definition of the phrase ``tolerances with regional
registrations.'' EPA recently made several changes to 40 CFR 180.1 that
resulted in a redesignating of the paragraphs in the section, including
changing 40 CFR 180.1(m) (defining the term ``tolerances with regional
registrations'') to 40 CFR 180.1(l). 75 FR 76284 (December 8, 2010)
(FRL-8853-8). No amendments were made to the body of 40 CFR 180.1(m).
In the same rulemaking that resulted in the redesignating of 40 CFR
180.1(m), EPA should have amended the cross-references to 40 CFR
180.1(m) that appear throughout part 180. That change, however, was
inadvertently not done. In this rule, EPA is now correcting that cross-
reference wherever it appears in 40 CFR part 180 by changing it from
``Sec.  180.1(m)'' to ``Sec.  180.1(l).''
    This amendment revises certain sections in 40 CFR part 180, subpart
C, to remove those time-limited tolerances that have expired based on
the terms set in the tolerance. Since the tolerance is expired, it is
no longer effective and should not appear in the regulation.
    This amendment reserves those paragraphs within specific sections
in 40 CFR part 180, subpart C that no longer have any tolerances listed
due to the removal of expired tolerances. In some cases, this also
results in some paragraphs being redesignated as well.
    This amendment removes those sections in 40 CFR part 180, subpart C
that no longer have any tolerances listed due to the removal of expired
tolerances.

III. Why is this amendment issued as a final rule?

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(3)(B), provides that, when an Agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the Agency may issue a final rule without
providing notice and an opportunity for public comment. EPA has
determined that there is good cause for making this amendment final
without prior proposal and opportunity for comment, because notice and
public comment are unnecessary. EPA is making only technical changes to
correct cross-references rendered incorrect by a prior rulemaking,
remove expired tolerances, reserve paragraphs within sections, and
remove sections for which there are no longer any tolerances. None of
these changes have a substantive effect on any requirement, or
otherwise impose any new requirement, EPA finds that this constitutes
good cause under 5 U.S.C. 553(b)(3)(B).

IV. Do any of the statutory and executive order reviews apply to this
action?

    This rule makes technical changes to 40 CFR part 180, subpart C to
correct cross-references, remove expired tolerances, improve the
presentation and format of the regulation, and make other minor, non-
substantive improvements to the regulation. Other than clarifying EPA
regulations, these amendments are not expected to have any impact on
regulated parties or the public because they do not change existing
requirements or impose any new requirements. Accordingly, these
amendments were not designated a significant regulatory action under
Executive Orders 12866 (58 FR 51735, October 4, 1993) and Executive
Order 13653 (76 FR 3821, January 21, 2011). Nor does it impose or
change any information collection burden that requires additional
review by OMB under the provisions of the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.).
    Because the agency has made a ``good cause'' finding that this
action is not subject to notice-and-comment requirements under the
Administrative Procedure Act or any other statute (See Unit III.), it
is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202
and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C.
1531-1538). In addition, this action does not significantly or uniquely
affect small governments or impose a significant inter-governmental
mandate, as described in sections 203 and 204 of UMRA.
    This rule will not have substantial direct effect on Tribal
governments, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes, as specified in
Executive Order 13175 (65 FR 67249, November 6, 2000). In addition, the
agency has determined that his action will not have a substantial
direct effect on States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999).
    Since this action is not economically significant under Executive
Order 12866, it is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), and Executive Order 13211 (66 FR 28355, May 22, 2001).
Nor does it require any special considerations to address environmental
justice under Executive Order 12898 (55 FR 7629, February 16, 1994).
    In addition, this action does not involve technical standards that
would require the consideration of voluntary consensus standards
pursuant to section 12(d) of the National Technology Transfer and
Advancement Act (NTTAA) (15 U.S.C. 272).

V. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedures,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: June 3, 2011.
 Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.

Sec. Sec.  [emsp14]180.106, 180.114, 180.123, 180.142, 180.145,
180.153, 180.169, 180.184, 180.185, 180.191, 180.204, 180.205, 180.222,
180.241, 180.253, 180.259, 180.275, 180.284, 180.291, 180.304, 180.314,
180.330, 180.342, 180.378, 180.399, 180.412, 180.434, 180.447, 180.448,
180.451, 180.503, 180.573, 180.579, 180.587  [Amended]

0
2. In Sec. Sec.  [emsp14]180.106, 180.114, 180.123, 180.142, 180.145,
180.153, 180.169, 180.184, 180.185, 180.191, 180.204, 180.205, 180.222,
180.241, 180.253, 180.259, 180.275, 180.284, 180.291, 180.304, 180.314,
180.330, 180.342, 180.378, 180.399, 180.412, 180.434, 180.447, 180.448,
180.451, 180.503, 180.573, 180.579, 180.587, in paragraph (c), remove
the reference ``Sec.  [emsp14]180.1 (m)'' and add, in its place ``Sec.
[emsp14]180.1 (l)''.

0
3. In Sec.  180.106, revise paragraph (b) to read as follows:

Sec.  180.106  Diuron; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

0
4. In Sec.  180.110, revise paragraph (b) to read as follows:

Sec.  180.110  Maneb; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

Sec.  [emsp14]180.145  [Amended]

0
5. In Sec.  180.145, remove paragraph (a)(2) and redesignate paragraph
(a)(3) as paragraph (a)(2).

0
6. In Sec.  180.190, revise paragraph (d) to read as follows:

Sec.  180.190  Diphenylamine; tolerances for residues.

* * * * *
    (d) Indirect or inadvertent residues. [Reserved]

Sec.  180.228  [Removed]

0
7. Remove Sec.  180.228.

0
8. In Sec.  180.242, revise paragraph (b) to read as follows:

Sec.  180.242  Thiabendazole; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

0
9. In Sec.  180.276, revise paragraph (b) to read as follows:

Sec.  180.276  Formetanate hydrochloride; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

0
10. In Sec.  180.284, revise paragraph (b) to read as follows:

Sec.  180.284  Zinc phosphide; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

Sec.  180.294  [Removed]

0
11. Remove Sec.  180.294.

Sec.  180.296  [Removed]

0
12. Remove Sec.  180.296.

Sec.  180.312  [Removed]

0
13. Remove Sec.  180.312.

Sec.  180.325  [Removed]

0
14. Remove Sec.  180.325.

0
15. In Sec.  180.328, in paragraph (a), in the table, remove the
commodities Artichoke, globe; Avocado; Fig; Fruit, citrus; Fruit, pome;
Fruit, stone; Olive and Pistachio; and revise paragraph (c) to read as
follows:

Sec.  180.328  Napropamide; tolerances for residues.

* * * * *
    (c) Tolerances with regional registrations. [Reserved]
* * * * *

Sec.  180.345  [Amended]

0
16. In Sec.  180.345, in paragraph (c), remove the reference ``40 CFR
180.1(m)'' and add, in its place ``Sec.  180.1(l)''.

Sec.  180.368  [Amended]

0
17. In Sec.  180.368, in paragraph (c)(1), remove the reference
``180.1(m)'' and add, in its place ``Sec.  180.1(l)''.

Sec.  180.377  [Amended]

0
18. In Sec.  180.377, in paragraph (b), in the table, remove the
commodities Wheat, aspirated grain fractions; Wheat, bran; Wheat,
flour; Wheat, germ; Wheat, middlings and Wheat, shorts.

Sec.  180.379  [Removed]

0
19. Remove Sec.  180.379.

0
20. Section 180.401 is amended as follows:
0
a. Add a heading to paragraph (a);
0
b. Redesignate paragraph (b) as paragraph (c) and add a heading; in
newly designated paragraph (c), remove the reference ``Sec.
[emsp14]180.1(m)'' and add, in its place ``Sec.  [emsp14]180.1 (l)'';
and
0
c. Add new paragraphs (b) and (d).
    The amendments read as follows:

Sec.  180.401  Thiobencarb; tolerances for residues.

    (a) General. * * *
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. * * *
    (d) Indirect or inadvertent residues. [Reserved]

Sec.  180.406  [Removed]

0
21. Remove Sec.  180.406.

0
22. In Sec.  180.410, in paragraph (a), in the table, remove the
commodities Apple; Apple, wet pomace; Grape and Pear; and revise
paragraph (c) to read as follows:

Sec.  180.410  Triadimefon; tolerances for residues.

* * * * *
    (c) Tolerances with regional registrations. [Reserved]
* * * * *

0
23. In Sec.  180.412, revise paragraph (b) to read as follows:

Sec.  180.412  Sethoxydim; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

0
24. In Sec.  180.438, revise paragraph (b) to read as follows:

Sec.  180.438  Lambda-cyhalothrin and an isomer gamma-cyhalothrin;
tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

0
25. In Sec.  180.443, revise paragraph (b) to read as follows:

Sec.  180.443  Myclobutanil; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

Sec.  180.450  [Amended]

0
26. In Sec.  180.450, in paragraph (a), in the table, remove the
commodities Sorghum, grain, forage; Sorghum, grain, grain and Sorghum,
grain, stover.

Sec.  180.456  [Removed]

0
27. Remove Sec.  180.456.

0
28. In Sec.  180.476, revise paragraph (b) to read as follows:

Sec.  180.476  Triflumizole; tolerances for residues.

* * * * *

    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

0
29. In Sec.  180.479, revise paragraph (b) to read as follows:

Sec.  180.479  Halosulfuron-methyl; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

0
30. In Sec.  180.480, revise paragraph (b) to read as follows:

Sec.  180.480  Fenbuconazole; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

Sec.  180.483  [Removed]

0
31. Remove Sec.  180.483.

0
32. In Sec.  180.493, revise paragraph (d) to read as follows:

Sec.  180.493  Dimethomorph; tolerances for residues.

* * * * *
    (d) Indirect or inadvertent residues. [Reserved]

0
33. In Sec.  180.515, revise paragraph (b) to read as follows:

Sec.  180.515  Carfentrazone-ethyl; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

0
34. In Sec.  180.544, revise paragraph (d) to read as follows:

Sec.  180.544  Methoxyfenozide; tolerances for residues.

* * * * *
    (d) Indirect or inadvertent residues. [Reserved]

Sec.  180.549  [Amended]

0
35. In Sec.  180.549, remove paragraph (a)(2) and redesignate paragraph
(a)(1) as paragraph (a).

0
36. In Sec.  180.561, revise paragraph (b) to read as follows:

Sec.  180.561  Acibenzolar-S-methyl; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

0
37. In Sec.  180.571, revise paragraph (b) to read as follows:

Sec.  180.571  Mesotrione; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

0
38. In Sec.  180.586, revise paragraph (b) to read as follows:

Sec.  180.586  Clothianidin; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *
[FR Doc. 2011-14569 Filed 6-14-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Notices]
[Pages 62072-62073]
[FR Doc No: 2011-25597]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0648]

Center for Devices and Radiological Health; Standard Operating
Procedures for Network of Experts; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; request for comments.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of draft standard operating procedures (SOPs) for a new
``Network of Experts.'' The draft SOPs describe a new process for staff
at the Center for Devices and Radiological Health (CDRH, the center) to
gain access to scientific, engineering, and medical expertise when it
is needed to supplement existing knowledge and expertise within the
Center.

DATES: Submit either electronic or written comments on the report by
November 7, 2011.

ADDRESSES: See the SUPPLEMENTARY INFORMATION section for electronic

access to the document. Submit electronic comments on the preliminary
report to http://www.regulations.gov. Submit written comments to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Identify comments
with the docket number found in brackets in the heading of this
document.

FOR FURTHER INFORMATION CONTACT: Nada O. Hanafi, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 5422, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In September 2009, the Task Force on the Utilization of Science in
Regulatory Decision Making (Task Force) and the 510(k) Working Group
were established to address critical challenges facing the Center and
our external constituents. The 510(k) Working Group was charged with
evaluating the premarket notification (510(k)) program and exploring
actions CDRH can take to enhance our 510(k) decision making. The Task
Force was charged with making recommendations on how the Center can
quickly incorporate new science--including evolving information, novel
technologies, and new scientific methods--into its decision making in
as predictable a manner as is practical. The 510(k) Working Group and
Task Force made recommendations and then developed a plan of action for
implementation of these 510(k) and Science Recommendations. This plan
identified internal and administrative matters to be addressed and
included an action item of leveraging external expertise.

II. The Draft SOPs

    FDA is announcing the availability of two draft SOPs, one entitled,
``Network of Experts--Expert Utilization Standard Operating Procedure''
and one entitled, ``Network of Experts--Expert Enrollment Standard
Operating Procedure.'' The purpose of the draft SOPs is to develop a
network of external experts to appropriately and efficiently leverage
external scientific expertise, and to describe the process for staff
engagement with external experts. The network will be built on a series
of agreements with external organizations including professional,
scientific, and medical organizations and academic institutions. The
draft SOPs describe CDRH processes for providing CDRH staff with access
to scientific, engineering, and medical expertise when it is needed to
supplement existing knowledge and expertise within CDRH. The network of
experts is designed to broaden CDRH's exposure to scientific
viewpoints, but not to provide external policy advice or opinions.
    CDRH has a knowledgeable, professional internal cadre of scientific
expertise, including over 800 scientists, engineers, and clinicians.
Despite this internal resource, it is unrealistic to expect CDRH staff
to encompass all of the applicable expertise and experience necessary
to fulfill our mission given the rapidly growing variety and complexity
of medical devices. This is particularly true when it comes to new and
emerging fields of science and pioneering technologies. In these areas,
it is often necessary for our experts to gain further scientific
understanding from external sources. The Network of Experts will
facilitate this exchange.
    In developing the draft SOPs, CDRH assessed best practices. CDRH is
also beginning a pilot project to use these draft SOPs on a trial
basis. Experience from the pilot, along with comments on this notice,
will further assist the agency in determining whether the draft SOPs
should be improved going forward.

III. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. It is no
longer necessary to send two copies of mailed comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

IV. Electronic Access

    Persons interested in obtaining a copy of the draft SOPs may do so
by using the Internet. The draft SOP entitled: ``Network of Experts--
Expert Utilization Standard Operating Procedure'' can be obtained from
FDA's Web site at http://www.fda.gov/AboutFDA/CentersOffices/CDRH/CDRHReports/ucm271521.htm. The draft SOP entitled: ``Network of
Experts--Expert Enrollment Standard Operating Procedure'' can be
obtained from FDA's Web Site at http://www.fda.gov/AboutFDA/CentersOffices/CDRH/CDRHReports/ucm271523.htm. The draft SOPs are also
available from http://www.regulations.gov and can be located using the
docket number found in brackets in the heading of this document.

    Dated: September 29, 2011.
Nancy K. Stade,
Deputy Director for Policy, Center for Devices and Radiological Health.
[FR Doc. 2011-25597 Filed 10-5-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: July 5, 2007 (Volume 72, Number 128)]
[Rules and Regulations]
[Page 36601-36605]
[DOCID:fr05jy07-8]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-RO4-OAR-2006-0584-200723; FRL-8335-4]

Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Kentucky: Redesignation of
the Kentucky Portion of the Louisville 8-Hour Ozone Nonattainment Area
to Attainment for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a request, submitted on September 29, 2006,
from the Commonwealth of Kentucky (Kentucky), through the Kentucky
Division for Air Quality (KDAQ), to redesignate the Kentucky portion of
the bi-State Louisville 8-hour ozone nonattainment area to attainment
for the 8-hour National Ambient Air Quality Standard (NAAQS). The
Kentucky portion of the bi-State Louisville 8-hour ozone nonattainment
area (hereafter referred to as the ``Kentucky State Louisville Area'')
is comprised of three Kentucky Counties--Bullitt, Jefferson and Oldham.
The Indiana portion of the bi-State Louisville 8-hour ozone
nonattainment area is comprised of two Indiana Counties--Clark and
Floyd. EPA's approval of Kentucky's redesignation request is based upon
the determination that Kentucky has demonstrated that the Kentucky
State Louisville Area has met the criteria for redesignation to
attainment specified in the Clean Air Act (CAA), including the
determination that the entire (both the Kentucky and Indiana portions)
bi-State Louisville 8-hour ozone nonattainment area has attained the 8-
hour ozone standard. Additionally, EPA is approving the 8-hour ozone
maintenance plan for the Kentucky State Louisville Area, including the
regional motor vehicle emission budgets (MVEBs) for nitrogen oxides
(NOX) and volatile organic compounds (VOCs) which cover the
Kentucky and Indiana portions of this bi-State area. In July and
September 2006, Indiana submitted a redesignation request and
maintenance plan for the Indiana portion of this 8-hour ozone area with
identical MVEBs to those reflected in Kentucky's maintenance plan. EPA
is taking action on that redesignation request and maintenance plan in
a separate action. This final rule also addresses a comment made on
EPA's proposed rulemaking for this action, previously published April
27, 2007 (72 FR 20966).

EFFECTIVE DATE: This rule will be effective August 6, 2007.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-RO4-OAR-2006-0584. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed in the

index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through 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: Heidi LeSane, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Ms. LeSane can be reached via
telephone number at<PHONE_NUMBER> or electronic mail at
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Is the Background for the Actions?
II. What Actions Is EPA Taking?
III. Why Are We Taking These Actions?
IV. What Are the Effects of These Actions?
V. Response to Comments
VI. Final Action
VII. Statutory and Executive Order Reviews

I. What Is the Background for the Actions?

    On September 29, 2006, Kentucky, through the KDAQ, submitted a
request to redesignate the Kentucky bi-State Louisville Area to
attainment for the 8-hour ozone standard, and for EPA approval of the
Kentucky State Implementation Plan (SIP) revision containing a
maintenance plan for the Kentucky State Louisville Area. In an action
published on April 27, 2007 (72 FR 20966), EPA proposed to approve the
redesignation of the Kentucky State Louisville Area to attainment. EPA
also proposed approval of Kentucky's plan for maintaining the 8-hour
NAAQS as a SIP revision, and proposed to approve the regional MVEBs for
the Kentucky bi-State Louisville Area that were contained in the
maintenance plan. This rule is EPA's final action on the April 27,
2007, proposed rule.
    During the comment period for EPA's proposal, one commenter
submitted an adverse comment. EPA is addressing that comment in this
action, and is taking final action as described in Section II and
Section V of this rulemaking.
    EPA is also providing information on the status of the Agency's
transportation conformity adequacy determination for the new regional
MVEBs for the years 2003 and 2020 that are contained in the maintenance
plan for the Kentucky bi-State Louisville Area. These MVEBs are
identical to those reflected in Indiana's maintenance plan for this bi-
State area. The maintenance plans establish the following regional
MVEBs for the Kentucky bi-State Louisville Area.

             Kentucky Bi-State Louisville 8-Hour Ozone MVEBs
                             [Tons per day]
------------------------------------------------------------------------
                                                          2003     2020
------------------------------------------------------------------------
VOC...................................................    40.97    22.92
NOX...................................................    95.51    29.46
------------------------------------------------------------------------

    EPA's adequacy public comment period on these budgets (as contained
in Kentucky's submittal) began on April 27, 2007, and closed on May 29,
2007.

No comments related to the adequacy of the MVEBs were received during
EPA's adequacy public comment period.
    Consequently, in a letter dated June 18, 2007, to John Lyons,
Director of the Kentucky Department of Air Quality, and Art Williams,
Director of Jefferson County Air Pollution Control District, EPA
informed Kentucky of its intention to find the new 2003 and 2020 MVEBs
for VOC and NOX adequate for transportation conformity
purposes. The State of Indiana was also informed of EPA's intentions in
a letter date June 18, 2007. Subsequently, in a separate Federal
Register notice, EPA is finding the 2003 and 2020 MVEBs, as contained
in Kentucky's submittal, adequate. A similar notice was published for
these MVEBs as contained in Indiana's submittal. These MVEBs meet the
adequacy criteria contained in the Transportation Conformity Rule. The
new regional MVEBs are thus currently being used for transportation
conformity determinations.
    Various aspects of EPA's Phase 1 8-hour ozone implementation rule
were challenged in court and on December 22, 2006, the U.S. Court of
Appeals for the District of Columbia Circuit (D.C. Circuit Court)
vacated EPA's Phase 1 Implementation Rule for the 8-hour Ozone
Standard. (69 FR 23951, April 30, 2004.) South Coast Air Quality
Management Dist. (SCAQMD) v. EPA, 472 F. 3d 882 (DC Cir. 2006). On June
8, 2007, in response to several petitions for rehearing, the D.C.
Circuit clarified that the Phase 1 Rule was vacated only with regard to
those parts of the rule that had been successfully challenged.
Therefore, the Phase 1 Rule provisions related to classifications for
areas currently classified under subpart 2 of title I, part D of the
Act as 8-hour nonattainment areas, the 8-hour attainment dates and the
timing for emissions reductions needed for attainment of the 8-hour
ozone NAAQS remain effective. The June 8th decision left intact the
Court's rejection of EPA's reasons for implementing the 8-hour standard
in certain nonattainment areas under subpart 1 in lieu of subpart 2. By
limiting the vacatur, the Court let stand EPA's revocation of the 1-
hour standard and those anti-backsliding provisions of the Phase 1 Rule
that had not been successfully challenged. The June 8th decision
reaffirmed the December 22, 2006, decision that EPA had improperly
failed to retain four measures required for 1-hour nonattainment areas
under the anti-backsliding provisions of the regulations: (1)
Nonattainment area New Source Review (NSR) requirements based on an
area's 1-hour nonattainment classification; (2) Section 185 penalty
fees for 1-hour severe or extreme nonattainment areas; (3) measures to
be implemented pursuant to section 172(c)(9) or 182(c)(9) of the Act,
on the contingency of an area not making reasonable further progress
toward attainment of the 1-hour NAAQS, or for failure to attain that
NAAQS; and (4) certain transportation conformity requirements for
certain types of federal actions. The June 8th decision clarified that
the Court's reference to conformity requirements was limited to
requiring the continued use of 1-hour MVEBs until 8-hour budgets were
available for 8-hour conformity determinations.
    For the reasons set forth in the proposal action for the Kentucky
bi-state Louisville Area, EPA does not believe that the Court's rulings
alter any requirements relevant to this redesignation action so as to
preclude redesignation, and do not prevent EPA from finalizing this
redesignation. EPA believes that the Court's December 22, 2006, and
June 8, 2007, decisions impose no impediment to moving forward with
redesignation of this area to attainment, because even in light of the
Court's decisions, redesignation is appropriate under the relevant
redesignation provisions of the Act and longstanding policies regarding
redesignation requests.

II. What Actions Is EPA Taking?

    EPA is taking final action to approve Kentucky's redesignation
request and to change the legal designation of the Kentucky bi-State
Louisville Area from nonattainment to attainment for the 8-hour ozone
NAAQS. EPA's response to the only comment received on the April 27,
2007, proposed rule, is described in Section III below. The entire bi-
State Louisville 8-hour ozone nonattainment area is comprised of three
Kentucky Counties--Bullitt, Jefferson, and Oldham, and two Indiana
Counties--Clark and Floyd. This final action addresses only the
Kentucky portion of the bi-state Louisville 8-hour ozone area. EPA will
take action on the redesignation request and maintenance plan for the
Indiana portion of this area in a separate action. EPA is also
approving Kentucky's 8-hour ozone maintenance plan for Bullitt,
Jefferson, and Oldham counties (such approval being one of the CAA
criteria for redesignation to attainment status). The maintenance plan
is designed to help keep the Kentucky state Louisville Area in
attainment for the 8-hour ozone NAAQS through 2020. These approval
actions are based on EPA's determination that Kentucky has demonstrated
that the Kentucky state Louisville Area has met the criteria for
redesignation to attainment specified in the CAA, including a
demonstration that the entire bi-state Louisville area has attained the
8-hour ozone standard. EPA's analyses of Kentucky's 8-hour ozone
redesignation request and maintenance plan are described in detail in
the proposed rule published April 27, 2007 (72 FR 20966).
    Consistent with the CAA, the maintenance plan that EPA is approving
today also includes 2003 and 2020 regional MVEBs for NOX and
VOCs. In this action, EPA is approving these 2003 and 2020 MVEBs. For
regional emission analysis years that involve years prior to 2020, the
applicable budget, for the purpose of conducting transportation
conformity analyses, are the new 2003 MVEBs. For regional emission
analysis years that involve the year 2020 and beyond, the applicable
budget, for the purpose of conducting transportation conformity
analyses, are the new 2020 MVEBs. EPA determined that the 2003 and 2020
MVEBs are adequate through a previous action. EPA is approving such
MVEBs in this action.
    Additionally, in this action, EPA is responding to the one comment
received on the April 27, 2007 (72 FR 20966), rulemaking proposing to
approve the redesignation request and the maintenance plan SIP
revision.

III. Why Are We Taking These Actions?

    EPA has determined that the entire bi-state Louisville area has
attained the 8-hour ozone standard and has also determined that
Kentucky has demonstrated that all other criteria for the redesignation
of the Kentucky State Louisville Area from nonattainment to attainment
of the 8-hour ozone NAAQS have been met. See, section 107(d)(3)(E) of
the CAA. EPA is also taking final action to approve the maintenance
plan for the Kentucky State Louisville Area as meeting the requirements
of sections 175A and 107(d) of the CAA. Furthermore, EPA is approving
the 2003 and 2020 MVEBs contained in Kentucky's maintenance plan
because these MVEBs are consistent with maintenance for the entire bi-
state Louisville area. In the April 27, 2007, proposal to redesignate
the Kentucky State Louisville Area, EPA described the applicable
criteria for redesignation to attainment and its analysis of how those
criteria have been met. The rationale for EPA's findings and actions is
set forth in the proposed rulemaking and summarized in this rulemaking.

IV. What Are the Effects of These Actions?

    Approval of the redesignation request changes the official
designation of

Bullitt, Jefferson, and Oldham Counties for the 8-hour ozone NAAQS,
found at 40 CFR Part 81. It also incorporates into the Kentucky SIP a
plan for maintaining the 8-hour ozone NAAQS in the area through 2020.
The maintenance plan includes contingency measures to remedy future
violations of the 8-hour ozone NAAQS, and establishes MVEBs for the
years 2003 and 2020 for the entire bi-state Louisville area.

V. Response to Comments

    EPA received comments from one individual in response to the April
27, 2007, proposal to redesignate the Kentucky State Louisville Area.
72 FR 20966. The following is a summary of the adverse comment received
and EPA's response to that comment.
    Comment: Kentucky Resource Council states that the data reflects
that Louisville Gas & Electric's (LG&E) power plants, Trimble, Ghent
and Mill Creek, are running at low NOX emission rates due to
recent installation of selective catalytic reduction control
technology. To the extent that these reductions achieved by the
utilities to aid compliance with the NOX SIP call are relied
upon by the District and Kentucky in order to demonstrate attainment or
maintenance of attainment, those emission reductions must be made
permanent and enforceable. As a cap and trade program, the
NOX SIP call would not itself require that the utilities
continue to operate at such a low emissions rate from these units.
    Response: In evaluating attainment and future maintenance of the 8-
hour ozone standard in the Louisville area, the Commonwealth of
Kentucky and EPA utilized current air quality monitoring data and
future projected emissions data based upon enforceable, permanent
reductions. Some of these reductions are related to regional
NOX reduction programs, such as the NOX SIP Call
and the Clean Air Interstate Rule. As discussed in the redesignation
proposal, the emissions analysis for the Louisville area indicates that
the area will continue to maintain the 8-hour ozone standard until at
least 2020 without taking into account the reductions from LG&E's use
of specific control technology. The projected NOX levels
without reductions from the NOX SIP Call for the years 2005,
2008, 2011, 2014, 2017 and 2020, continue to show reductions below the
base year, which demonstrate maintenance as summarized in the table
below. We expect the area will continue to benefit from the reductions
due to control equipment installed to meet the NOX SIP Call.
However, EPA's analysis indicates that the area will continue to
maintain even without those reductions.

                  Actual and Projected NOX Emissions for Bullitt, Jefferson and Oldham Counties
                                                 [Tons per day]
----------------------------------------------------------------------------------------------------------------
             Categories                 2003       2005       2008       2011       2014       2017       2020
----------------------------------------------------------------------------------------------------------------
               Point
Bullitt............................       0.60       0.61       0.64       0.65       0.68       0.71       0.72
Jefferson..........................      74.48      53.95      53.63      50.91      51.76      51.24      46.49
Oldham.............................       0.09       0.09       0.09       0.10       0.10       0.10       0.10
                                    ----------------------------------------------------------------------------
    Area Subtotal..................      75.47      54.65      54.36      51.66      52.54      52.05      47.31
----------------------------------------------------------------------------------------------------------------
               Point
Bullitt............................       0.11       0.11       0.12       0.12       0.13       0.13       0.14
Jefferson..........................       0.75       0.76       0.76       0.76       0.76       0.76       0.76
Oldham.............................       0.07       0.07       0.07       0.08       0.09       0.09       0.09
                                    ----------------------------------------------------------------------------
    Area Subtotal..................       0.93       0.94       0.95       0.96       0.98       0.98       0.99
----------------------------------------------------------------------------------------------------------------
              Mobile*
Bullitt............................       7.52       7.23       5.99       4.83       3.84       3.17       2.73
Jefferson..........................      63.29      54.96      41.55      29.62      19.76      13.87      11.02
Oldham.............................       4.43       4.36       3.58       2.88       2.34       1.96       1.72
                                    ----------------------------------------------------------------------------
    Mobile Subtotal................      75.24      66.55      51.12      37.33      25.94      19.00      15.47
----------------------------------------------------------------------------------------------------------------
              Nonroad
Bullitt............................       1.81       1.78       1.70       1.60       1.47       1.35       1.27
Jefferson..........................      31.94      31.11      29.36      27.37      25.26      23.44      22.17
Oldham.............................       1.63       1.59       1.49       1.37       1.22       1.07       0.95
                                    ----------------------------------------------------------------------------
    Nonroad Total..................      35.38      34.48      32.55      30.34      27.95      25.86      24.39
                                    ----------------------------------------------------------------------------
        Total with NOX SIP Call        187.02*     156.62     138.98     120.29     107.41      97.89      88.16
         Reductions................
----------------------------------------------------------------------------------------------------------------
Reductions due to NOX SIP Call.....  .........      20.88      21.25      23.93      23.05      23.54      28.25
                                    ----------------------------------------------------------------------------
        Total without NOX SIP Call   .........     177.50     160.23     144.22     130.46     121.43    116.41
         reductions................
----------------------------------------------------------------------------------------------------------------
* Actual baseline emissions.

Without taking credit for NOX SIP Call reductions, projected
emissions are below the baseline emissions for attainment.

VI. Final Action

    After evaluating Kentucky's redesignation request and the comments
received, EPA is taking final action to approve the redesignation and
change the legal designation of the Kentucky state Louisville Area from
nonattainment to attainment for the 8-hour ozone NAAQS. Through this
action, EPA is also approving into the Kentucky SIP, the 8-hour ozone
maintenance plan for Bullitt, Jefferson,

and Oldham Counties, which includes the new 2003 MVEBs of 40.97 tpd for
VOC, and 95.51 tpd for NOX, and 2020 MVEBs of 22.92 tpd for
VOC, and 29.46 tpd for NOX for the entire bi-state
Louisville area. These identical MVEBs are reflected in Indiana's 8-
hour maintenance plan which was developed for Clark and Floyd Counties,
as part of this bi-state 8-hour ozone area. EPA is taking action on the
Indiana SIP through a separate rulemaking.

VII. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely affects the status of a
geographical area, does not impose any new requirements on sources or
allow a state to avoid adopting or implementing other requirements, and
does not alter the relationship or the distribution of power and
responsibilities established in the CAA. This rule also is not subject
to Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it is not economically significant and because the Agency does not have
reason to believe that the rule concerns an environmental health risk
or safety risk that may disproportionately affect children.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 4, 2007. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2) of the CAA.)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Dated: June 27, 2007.
J.I. Palmer Jr.,
Regional Administrator, Region 4.

0
40 CFR part 52 and 81 are amended as follows:

PART 52--[AMENDED]

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

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

Subpart S--Kentucky

0
2. Section 52.920(e) is amended by adding a new entry at the end of the
table for ``Louisville 8-hour Ozone Maintenance Plan'' to read as
follows:

Sec.  52.920  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Kentucky Non-regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable        State submittal
   Name of nonregulatory SIP        geographic or      date/effective     EPA approval date      Explanation
           provision             nonattainment area         date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Louisville 8-hour Ozone          Bullitt County,     ..................  07/05/07 [Insert
 Maintenance Plan.                Jefferson County,                       first page of
                                  Oldham County.                          publication].
----------------------------------------------------------------------------------------------------------------

PART 81--[AMENDED]

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

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

0
2. In Sec.  81.318, the table entitled ``Kentucky-Ozone (8-Hour
Standard)'' is amended by revising the entry for ``Louisville, KY-IN'',
``Bullitt County'', ``Jefferson County'', and ``Oldham County'' to read
as follows:

Sec.  81.318  Kentucky.

* * * * *

                                                            Kentucky-Ozone (8-Hour Standard)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Designation \a\                                     Category/classification
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date \1\                      Type                      Date \1\                      Type
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Louisville, KY-IN:
    Bullitt County......................     08/06/07  Attainment...............................
    Jefferson County....................     08/06/07  Attainment...............................
    Oldham County.......................     08/06/07  Attainment...............................

                                                                     * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.

* * * * *
 [FR Doc. E7-13003 Filed 7-3-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 185 (Wednesday, September 23, 2020)]
[Notices]
[Pages 59779-59780]
[FR Doc No: 2020-20986]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-460-000]

Northern Natural Gas Company; Notice of Availability of the
Environmental Assessment for the Proposed Clifton to Palmyra A-Line
Abandonment Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) for the
Clifton to Palmyra A-Line Abandonment Project, proposed by Northern
Natural Gas Company (Northern) in the above-referenced docket. Northern
requests authorization to abandon in-place a segment of its A-Line
pipeline from Clifton, Kansas to Palmyra, Nebraska and increase
compression capacity at its existing Beatrice Compressor Station near
Beatrice, Nebraska.
    The EA assesses the potential environmental effects of the
construction and operation of the Clifton to Palmyra A-Line Abandonment
Project in accordance with the requirements of the National
Environmental Policy Act. The FERC staff concludes that approval of the
proposed project, with appropriate

mitigating measures, would not constitute a major federal action
significantly affecting the quality of the human environment.
    The proposed Clifton to Palmyra A-Line Abandonment Project includes
the following activities:
     Disconnect the existing 24-inch-diameter M600A and the
existing 20-inch-diameter M600J at Northern's existing Clifton
Compressor Station;
     disconnect the existing 24-inch-diameter M590A and the
existing 24-inch-diameter M600A at Northern's existing Beatrice
Compressor Station;
     disconnect the existing 24-inch-diameter M590A at
Northern's existing Palmyra Compressor Station;
     abandon in-place 54.3 miles of existing 24-inch-diameter
M600A mainline in Gage and Jefferson Counties, Nebraska, and Washington
and Clay Counties, Kansas;
     abandon in-place 19.9 miles of existing 20-inch-diameter
M600J mainline in Clay and Washington Counties, Kansas;
     abandon in-place 41.7 miles of existing 24-inch-diameter
M590A in Otoe, Lancaster, and Gage Counties, Nebraska, between Palmyra
and Beatrice, Nebraska; and
     install a new 15,900-horsepower turbine driven compressor
unit at Northern's existing Beatrice Compressor Station near Beatrice,
Nebraska.
    The Commission mailed a copy of the Notice of Availability to
federal, state, and local government representatives and agencies;
elected officials; environmental and public interest groups; Native
American tribes; potentially affected landowners and other interested
individuals and groups; and newspapers and libraries in the project
area. The EA is only available in electronic format. It may be viewed
and downloaded from the FERC's website (www.ferc.gov), on the natural
gas environmental documents page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). In addition, the EA
may be accessed by using the eLibrary link on the FERC's website. Click
on the eLibrary link (https://www.ferc.gov/ferc-online/elibrary/overview), select ``General Search'' and enter the docket number in the
``Docket Number'' field, excluding the last three digits (i.e. CP20-
460). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.
    The EA is not a decision document. It presents Commission staff's
independent analysis of the environmental issues for the Commission to
consider when addressing the merits of all issues in this proceeding.
Any person wishing to comment on the EA may do so. Your comments should
focus on the EA's disclosure and discussion of potential environmental
effects, reasonable alternatives, and measures to avoid or lessen
environmental impacts. The more specific your comments, the more useful
they will be. To ensure that the Commission has the opportunity to
consider your comments prior to making its decision on this project, it
is important that we receive your comments in Washington, DC on or
before 5:00 p.m. Eastern Time on October 16, 2020.
    For your convenience, there are three methods you can use to file
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's website (www.ferc.gov) under the link to
FERC Online. This is an easy method for submitting brief, text-only
comments on a project;
    (2) You can also file your comments electronically using the
eFiling feature on the Commission's website (www.ferc.gov) under the
link to FERC Online. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP20-
460-000) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Filing environmental comments will not give you intervenor status,
but you do not need intervenor status to have your comments considered.
Only intervenors have the right to seek rehearing or judicial review of
the Commission's decision. At this point in this proceeding, the
timeframe for filing timely intervention requests has expired. Any
person seeking to become a party to the proceeding must file a motion
to intervene out-of-time pursuant to Rule 214(b)(3) and (d) of the
Commission's Rules of Practice and Procedures (18 CFR 385.214(b)(3) and
(d)) and show good cause why the time limitation should be waived.
Motions to intervene are more fully described at https://www.ferc.gov/ferc-online/ferc-online/how-guides.
    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. The eLibrary link
also provides access to the texts of all formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to https://www.ferc.gov/ferc-online/overview to
register for eSubscription.

    Dated: September 16, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-20986 Filed 9-22-20; 8:45 am]
BILLING CODE 6717-01-P