[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Notices]
[Pages 60692-60693]
[FR Doc No: 2023-19060]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-D-0544]

Nontuberculous Mycobacterial Pulmonary Disease Caused by
Mycobacterium Avium Complex: Developing Drugs for Treatment; Guidance
for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a final guidance for industry entitled
``Nontuberculous Mycobacterial Pulmonary Disease Caused by
Mycobacterium avium Complex: Developing Drugs for Treatment.'' This
guidance assists sponsors in the clinical development of drugs for the
treatment of nontuberculous mycobacterial pulmonary disease (NTM-PD)
caused by Mycobacterium avium complex (MAC). This guidance finalizes
the draft guidance of the same title issued on September 29, 2021.

DATES: The announcement of the guidance is published in the Federal
Register on September 5, 2023.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:

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-2021-D-0544 for ``Nontuberculous Mycobacterial Pulmonary Disease
Caused by Mycobacterium avium Complex: Developing Drugs for
Treatment.'' Received comments 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,<PHONE_NUMBER>.
     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.govinfo.gov/content/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,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of this guidance to the
Division of Drug Information, Center for Drug Evaluation and Research,
Food and Drug Administration, 10001 New Hampshire Ave., Hillandale
Building, 4th Floor, Silver Spring, MD 20993-0002. Send one self-
addressed adhesive label to assist that office in processing your
requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Mukil Natarajan, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Avenue, Bldg. 22, Rm. 6394, Silver Spring, MD 20993, 240-402-
4626.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry
entitled ``Nontuberculous Mycobacterial Pulmonary Disease Caused by
Mycobacterium avium Complex: Developing Drugs for Treatment.'' The
purpose of this guidance is to assist sponsors in the clinical
development of drugs for the treatment of NTM-PD caused by MAC.
    This guidance finalizes the draft guidance of the same name issued
on September 29, 2021 (86 FR 53967). FDA provided clarifying edits to
the final guidance and included additional information after
considering comments received on the draft guidance. Changes from the
draft to the final guidance include edits pertaining to the clinical
trial population and endpoints.
    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
current thinking of FDA on ``Nontuberculous Mycobacterial Pulmonary
Disease Caused by Mycobacterium avium Complex: Developing Drugs for
Treatment.'' It does not establish any rights for any person and is not
binding on FDA or the public. You can use an alternative approach if it
satisfies the

requirements of the applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    While this guidance contains no collection of information, it does
refer to previously approved FDA collections of information. The
previously approved collections of information are subject to review by
the Office of Management and Budget (OMB) under the Paperwork Reduction
Act of 1995 (PRA) (44 U.S.C. 3501-3521). The collections of information
in 21 CFR part 312 for the submissions of investigational new drug
applications, including clinical trial design and study protocols, have
been approved under OMB control number 0910-0014. The collections of
information in 21 CFR part 314 pertaining to the submissions of new
drug applications have been approved under OMB control number 0910-
0001. The collections of information in 21 CFR part 601 pertaining to
the submissions of biologics license applications have been approved
under OMB control number 0910-0338.

III. Electronic Access

    Persons with access to the internet may obtain the guidance at
https://www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs, https://www.fda.gov/regulatory-information/search-fda-guidance-documents, or https://www.regulations.gov.

    Dated: August 29, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-19060 Filed 9-1-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 193 (Tuesday, October 6, 2015)]
[Notices]
[Pages 60408-60410]
[FR Doc No: 2015-25401]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0042]

Canadian Standards Association: Application for Expansion of
Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the application of Canadian
Standards Association for expansion of its recognition as a Nationally
Recognized Testing Laboratory (NRTL) and presents the Agency's
preliminary finding to grant the application.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before October 21, 2015.

ADDRESSES: Submit comments by any of the following methods:
    1. Electronically: Submit comments and attachments electronically
at http://www.regulations.gov, which is

the Federal eRulemaking Portal. Follow the instructions online for
making electronic submissions.
    2. Facsimile: If submissions, including attachments, are not longer
than 10 pages, commenters may fax them to the OSHA Docket Office at
(202) 693-1648.
    3. Regular or express mail, hand delivery, or messenger (courier)
service: Submit comments, requests, and any attachments to the OSHA
Docket Office, Docket No. OSHA-2006-0042, Technical Data Center, U.S.
Department of Labor, 200 Constitution Avenue NW., Room N-2625,
Washington, DC 20210; telephone:<PHONE_NUMBER> (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays
in receiving comments and other written materials by regular mail.
Contact the OSHA Docket Office for information about security
procedures concerning delivery of materials by express mail, hand
delivery, or messenger service. The hours of operation for the OSHA
Docket Office are 8:15 a.m.-4:45 p.m., e.t.
    4. Instructions: All submissions must include the Agency name and
the OSHA docket number (OSHA-2006-0042). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://www.regulations.gov. Therefore, the Agency cautions commenters
about submitting statements they do not want made available to the
public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security numbers,
birth dates, and medical data.
    5. Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through the Web site. All submissions, including copyrighted material,
are available for inspection at the OSHA Docket Office. Contact the
OSHA Docket Office for assistance in locating docket submissions.
    6. Extension of comment period: Submit requests for an extension of
the comment period on or before October 21, 2015 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW., Room N-3655, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone:
(202) 693-2110 or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    The Occupational Safety and Health Administration is providing
notice that Canadian Standards Association (CSA) is applying for
expansion of its current recognition as an NRTL. CSA requests the
addition of two test standards to its NRTL scope of recognition.
    OSHA recognition of an NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within its
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by its
applicable test standard; and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
    The Agency processes applications by an NRTL for initial
recognition and for an expansion or renewal of this recognition,
following requirements in Appendix A to 29 CFR 1910.7. This appendix
requires that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding. In the second notice,
the Agency provides its final decision on the application. These
notices set forth the NRTL's scope of recognition or modifications of
that scope. OSHA maintains an informational Web page for each NRTL,
including CSA, which details the NRTL's scope of recognition. These
pages are available from the OSHA Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    CSA currently has six facilities (sites) recognized by OSHA for
product testing and certification, with its headquarters located at:
178 Rexdale Boulevard, Etobicoke, Ontario, M9W 1R3, Canada. A complete
list of CSA's scope of recognition is available at https://www.osha.gov/dts/otpca/nrtl/csa.html.

II. General Background on the Application

    CSA submitted an application, dated January 29, 2015 (Exhibit 15-1
Application for Expansion of Recognition, OSHA-2006-0042), to expand
its recognition to include two additional test standards. OSHA staff
performed detailed analysis of the application packet and reviewed
other pertinent information. OSHA did not perform any on-site reviews
in relation to this application.
    Table 1 below lists the appropriate test standards found in CSA's
application for expansion for testing and certification of products
under the NRTL Program.

Table 1--Proposed List Appropriate Test Standards for Inclusion in CSA's
                        NRTL Scope of Recognition
------------------------------------------------------------------------
           Test standard                     Test standard title
------------------------------------------------------------------------
UL 1004-1.........................  Standard for Rotating Electrical
                                     Machines--General Requirements.
AAMI ES 60601-1: 2005/(R) 2012....  Medical Electrical Equipment, Part
                                     1: General Requirements for Basic
                                     Safety and Essential Performance.
------------------------------------------------------------------------

III. Preliminary Findings on the Application

    CSA submitted an acceptable application for expansion of its scope
of recognition. OSHA's review of the application file and pertinent
documentation indicate that CSA can meet the requirements prescribed by
29 CFR 1910.7 for expanding its recognition to include the addition of
these two test standards for NRTL testing and certification listed
above. This preliminary finding does not constitute an interim or
temporary approval of CSA's application.
    OSHA welcomes public comment as to whether CSA meets the
requirements of 29 CFR 1910.7 for expansion of its recognition as an
NRTL. Comments should consist of pertinent written documents and
exhibits. Commenters needing more time to comment must submit a request
in writing, stating the reasons for the request. Commenters must submit
the written request for an extension by the due date for comments. OSHA
will limit any extension to 10 days unless the requester justifies a
longer period. OSHA may deny a request for an extension if the request
is not adequately justified. To obtain or review copies of the exhibits
identified in this notice, as well as comments submitted to the docket,
contact the Docket Office, Room N-2625, Occupational Safety and Health
Administration, U.S. Department of Labor, at the above address. These
materials also are available online at http://www.regulations.gov under
Docket No. OSHA-2006-0042.
    OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will recommend to the Assistant Secretary for Occupational
Safety and Health whether to grant CSA's application for expansion of
its scope of recognition. The Assistant Secretary will make the final
decision on granting the application. In making this decision, the
Assistant Secretary may undertake other proceedings prescribed in
Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of its final decision in the
Federal Register.

IV. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on October 1, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-25401 Filed 10-5-15; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 78, Number 44 (Wednesday, March 6, 2013)]
[Notices]
[Pages 14571-14573]
[FR Doc No: 2013-05198]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2013-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final Notice.

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SUMMARY: New or modified Base (1% annual-chance) Flood Elevations
(BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries
or zone designations, and/or the regulatory floodway (hereinafter
referred to as flood hazard determinations) as shown on the indicated
Letter of Map Revision (LOMR) for each of the communities listed in the
table below are finalized. Each LOMR revises the Flood Insurance Rate
Maps (FIRMs), and in some cases the Flood Insurance Study (FIS)
reports, currently in effect for the listed communities. The flood
hazard determinations modified by each LOMR will be used to calculate
flood insurance premium rates for new buildings and their contents.

DATES: The effective date for each LOMR is indicated in the table
below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at www.msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and ninety (90) days have elapsed since that
publication. The Deputy Associate Administrator for Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The new or modified flood hazard determinations are the basis for
the floodplain management measures that the community is required
either to adopt or to show evidence of being already in effect in order
to remain qualified for participation in the National Flood Insurance
Program (NFIP).
    These new or modified flood hazard determinations, together with
the floodplain management criteria required by 44 CFR 60.3, are the
minimum that are required. They should not be construed to mean that
the community must change any existing ordinances that are more
stringent in their floodplain management requirements. The community
may at any time enact stricter requirements of its own or pursuant to
policies established by other Federal, State, or regional entities.
    These new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP and also are used to
calculate the appropriate flood insurance premium rates for new
buildings, and for the contents in those buildings. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at www.msc.fema.gov.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Chief executive officer       Community map                                       Community
         State and county           Location and case No.         of community             repository       Effective date of  modification      No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama:
    Jefferson (FEMA Docket No.: B-  City of Pinson (12-04- The Honorable Hoyt         City Hall, 4410 Main  December 17, 2012..............       010447
     1277).                          3890P).                Sanders, Mayor, City of    Street, Pinson, AL
                                                            Pinson, City Hall, 4410    35126.
                                                            Main Street, Pinson, AL
                                                            35126.
    Jefferson (FEMA Docket No.: B-  Unincorporated areas   The Honorable David        Jefferson County      December 17, 2012..............       010217
     1277).                          of Jefferson County    Carrington, President,     Courthouse, Land
                                     (12-04-3890P).         Jefferson County           Development Office,
                                                            Commission, 716 Richard    716 North 21st
                                                            Arrington, Jr.,            Street, Room 202A,
                                                            Boulevard North,           Birmingham, AL
                                                            Birmingham, AL 35203.      35263.
    Mobile (FEMA Docket No.: B-     City of Mobile (12-04- The Honorable Samuel L.    City Hall,            December 28, 2012..............       015007
     1277).                          4167P).                Jones, Mayor, City of      Engineering
                                                            Mobile, P.O. Box 1827,     Department, 205
                                                            Mobile, AL 36633.          Government Street,
                                                                                3rd Floor, Mobile,
                                                                                AL 36644.

Arizona:
    Pinal (FEMA Docket No.: B-      Unincorporated areas   The Honorable David        Pinal County          January 7, 2013................       040077
     1277).                          of Pinal County (12-   Snider, Chairman, Pinal    Engineering
                                     09-1236P).             County Board of            Department, 31
                                                            Supervisors, P.O. Box      North Pinal Street,
                                                            827, Florence, AZ 85132.   Building F,
                                                                                Florence, AZ 85232.
    Yavapai (FEMA Docket No.: B-    Town of Camp Verde     The Honorable Bob          Town Clerk's Office,  December 31, 2012..............       040131
     1277).                          (12-09-1430P).         Burnside, Mayor, Town of   473 South Main
                                                            Camp Verde, 473 South      Street, Room 102,
                                                            Main Street, Suite 102,    Camp Verde, AZ
                                                            Camp Verde, AZ 86322.      86322.
California:
    San Diego (FEMA Docket No.: B-  City of Oceanside (12- The Honorable Jim Wood,    City Hall, Planning   December 31, 2012..............       060294
     1277).                          09-1206P).             Mayor, City of             Department, 300
                                                            Oceanside, 300 North       North Coast
                                                            Coast Highway,             Highway, Oceanside,
                                                            Oceanside, CA 92054.       CA 92054.
    San Diego (FEMA Docket No.: B-  City of San Diego (12- The Honorable Jerry        Executive Complex,    December 17, 2012..............       060295
     1277).                          09-2141P).             Sanders, Mayor, City of    1010 2nd Avenue,
                                                            San Diego, 202 C Street,   Suite 100, San
                                                            11th Floor, San Diego,     Diego, CA 92101.
                                                            CA 92101.
Colorado:
    Denver (FEMA Docket No.: B-     City and County of     The Honorable Michael B.   Public Works          December 17, 2012..............       080046
     1277).                          Denver (12-08-0474P).  Hancock, Mayor, City and   Department, 201
                                                            County of Denver, 1437     West Colfax Avenue,
                                                            Bannock Street, Suite      Denver, CO 80202.
                                                            350, Denver, CO 80202.
    Denver (FEMA Docket No.: B-     City and County of     The Honorable Michael B.   Public Works          December 17, 2012..............       080046
     1277).                          Denver (12-08-0552P).  Hancock, Mayor, City and   Department, 201
                                                            County of Denver, 1437     West Colfax Avenue,
                                                            Bannock Street, Suite      Denver, CO 80202.
                                                            350, Denver, CO 80202.
    El Paso (FEMA Docket No.: B-    City of Colorado       The Honorable Stephen G.   City Administration   January 4, 2013................       080060
     1277).                          Springs (12-08-        Bach, Mayor, City of       Department, 30
                                     0168P).                Colorado Springs, 30       South Nevada
                                                            South Nevada Avenue,       Avenue, Colorado
                                                            Suite 601, Colorado        Springs, CO 80903.
                                                            Springs, CO 80903.
    El Paso (FEMA Docket No.: B-    Unincorporated areas   The Honorable Amy Lathen,  El Paso County        January 4, 2013................       080059
     1277).                          of El Paso County      Chair, El Paso County      Regional Building
                                     (12-08-0168P).         Board of Commissioners,    Department, 2880
                                                            200 South Cascade          International
                                                            Avenue, Suite 100,         Circle, Colorado
                                                            Colorado Springs, CO       Springs, CO 80910.
                                                            80903.
Florida:
    Monroe (FEMA Docket No.: B-     Village of Islamorada  The Honorable Ken          Village Hall, 87000   December 31, 2012..............       120424
     1277).                          (12-04-3438P).         Philipson, Mayor,          Overseas Highway,
                                                            Village of Islamorada,     Islamorada, FL
                                                            86800 Overseas Highway,    33036.
                                                            Islamorada, FL 33036.
    Orange (FEMA Docket No.: B-     City of Orlando (12-   The Honorable Buddy Dyer,  Permitting Services,  December 31, 2012..............       120186
     1277).                          04-2707P).             Mayor, City of Orlando,    400 South Orange
                                                            P.O. Box 4990, Orlando,    Avenue, Orlando, FL
                                                            FL 32808.                  32301.
    Orange (FEMA Docket No.: B-     Unincorporated areas   The Honorable Teresa       Orange County         December 31, 2012..............       120179
     1277).                          of Orange County (12-  Jacobs, Mayor, Orange      Stormwater
                                     04-2707P).             County, 201 South          Management
                                                            Rosalind Avenue, 5th       Department, 4200
                                                            Floor, Orlando, FL 32801.  South John Young
                                                                                Parkway, Orlando,
                                                                                FL 32839.
    Seminole (FEMA Docket No.: B-   City of Lake Mary (12- The Honorable David        Engineering           December 31, 2012..............       120416
     1277).                          04-5487P).             Mealor, Mayor, City of     Department, 100
                                                            Lake Mary, 911 Wallace     North Country Club
                                                            Court, Lake Mary, FL       Road, Lake Mary, FL
                                                            32746.                     32746.
    St. Johns (FEMA Docket No.: B-  Unincorporated areas   The Honorable Mark P.      St. Johns County      December 31, 2012..............      125147\
     1277).                          of St. Johns County    Miner, Chairman, St.       Administration
                                     (12-04-5869P).         Johns County Board of      Building, 4020
                                                            Commissioners, 500 San     Lewis Speedway, St.
                                                            Sebastian View, St.        Augustine, FL 32084.
                                                            Augustine, FL 32084.
    Sumter (FEMA Docket No.: B-     Unincorporated areas   The Honorable Garry        Sumter County         December 28, 2012..............       120296
     1277).                          of Sumter County (12-  Breeden, Chairman,         Planning
                                     04-3513P).             Sumter County Board of     Department, 7375
                                                            Commissioners, 7375        Powell Road,
                                                            Powell Road, Wildwood,     Wildwood, FL 34785.
                                                            FL 34785.
    Sumter (FEMA Docket No.: B-     Unincorporated areas   The Honorable Garry        Sumter County         December 28, 2012..............       120296
     1277).                          of Sumter County (12-  Breeden, Chairman,         Planning
                                     04-3721P).             Sumter County Board of     Department, 7375
                                                            Commissioners, 7375        Powell Road,
                                                            Powell Road, Wildwood,     Wildwood, FL 34785.
                                                            FL 34785.
    Walton (FEMA Docket No.: B-     Unincorporated areas   The Honorable Scott        Walton County         December 14, 2012..............       120317
     1277).                          of Walton County (12-  Brannon, Chairman,         Courthouse Annex,
                                     04-0761P).             Walton County Board of     47 North 6th
                                                            Commissioners, 415 State   Street, DeFuniak
                                                            Highway 20, Freeport, FL   Springs, FL 32435.
                                                            32439.
Georgia:
    Colquitt (FEMA Docket No.: B-   Unincorporated areas   The Honorable John B.      Colquitt County       January 3, 2013................       130058
     1277).                          of Colquitt County     Alderman, Chairman,        Compliance Office,
                                     (12-04-5279P).         Colquitt County Board of   101 East Central
                                                            Commissioners, P.O. Box    Avenue, Suite 168,
                                                            517, Moultrie, GA 31776.   Moultrie, GA 31768.
    Columbia (FEMA Docket No.: B-   Unincorporated areas   The Honorable Ron C        Columbia County       December 27, 2012..............       130059
     1277).                          of Columbia County     Cross, Chairman,           Development
                                     (12-04-3178P).         Columbia County Board of   Services Division,
                                                            Commissioners, P.O. Box    Engineering
                                                            498, Evans, GA 30809.      Services
                                                                                Department, 630
                                                                                Ronald Reagan
                                                                                Drive, Building A,
                                                                                Evans, GA 30809.
Nevada:
    Clark (FEMA Docket No.: B-      City of Henderson (11- The Honorable Andy A.      City Hall, Public     December 14, 2012..............       320005
     1277).                          09-3331P).             Hafen, Mayor, City of      Works Department,
                                                            Henderson, P.O. Box        240 Water Street,
                                                            95050, Henderson, NV       Henderson, NV 89015.
                                                            89009.

    Clark (FEMA Docket No.: B-      City of Henderson (12- The Honorable Andy A.      City Hall, Public     December 14, 2012..............       320005
     1277).                          09-2303P).             Hafen, Mayor, City of      Works Department,
                                                            Henderson, P.O. Box        240 Water Street,
                                                            95050, Henderson, NV       Henderson, NV 89015.
                                                            89009.
    Clark (FEMA Docket No.: B-      City of Mesquite (11-  The Honorable Mark Wier,   City Engineer's       December 14, 2012..............       320035
     1277).                          09-4157P).             Mayor, City of Mesquite,   Office, 10 East
                                                            10 East Mesquite           Mesquite Boulevard,
                                                            Boulevard, Mesquite, NV    Mesquite, NV 89027.
                                                            89027.
    Clark (FEMA Docket No.: B-      City of Mesquite (12-  The Honorable Mark Wier,   City Engineer's       December 28, 2012..............       320035
     1277).                          09-0907P).             Mayor, City of Mesquite,   Office, 10 East
                                                            10 East Mesquite           Mesquite Boulevard,
                                                            Boulevard, Mesquite, NV    Mesquite, NV 89027.
                                                            89027.
North Carolina:
    Durham (FEMA Docket No.: B-     Unincorporated areas   Mr. Mike Ruffin, Durham    Durham County         November 9, 2012...............       370085
     1274).                          of Durham County (11-  County Manager, 200 East   Stormwater Services
                                     04-0938P).             Main Street, Durham, NC    Division, 101 City
                                                            27701.                     Hall Plaza, Durham,
                                                                                NC 27701.
    Stanly (FEMA Docket No.: B-     Unincorporated areas   Mr. Andy Lucas, Stanly     Stanly County         November 9, 2012...............       370361
     1274).                          of Stanly County (12-  County Manager, 1000       Planning and Zoning
                                     04-0850P).             North 1st Street,          Department, 1000
                                                            Albemarle, NC 28001.       North 1st Street,
                                                                                Albemarle, NC 28001.
    Wake (FEMA Docket No.: B-1274)  Unincorporated areas   The Honorable John W.      Engineering           December 13, 2012..............       370239
                                     of Wake County (11-    Byrne, Mayor, Town of      Department, 401 Old
                                     04-7980P).             Fuquay-Varina, 401 Old     Honeycutt Road,
                                                            Honeycutt Road, Fuquay-    Fuquay-Varina, NC
                                                            Varina, NC 27526.          27526.
South Carolina:
    Anderson (FEMA Docket No.: B-   City of Anderson (12-  The Honorable Terrence     City Hall, 401 South  December 24, 2012..............       450014
     1277).                          04-0672P).             Roberts, Mayor, City of    Main Street,
                                                            Anderson, 401 South Main   Anderson, SC 29624.
                                                            Street, Anderson, SC
                                                            29624.
    Anderson (FEMA Docket No.: B-   Unincorporated areas   The Honorable Tom Allen,   Anderson County       December 24, 2012..............       450013
     1277).                          of Anderson County     Chairman, Anderson         Courthouse, 101
                                     (12-04-0672P).         County Council, P.O. Box   South Main Street,
                                                            8002, Anderson, SC 29621.  Anderson, SC 29624.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Roy Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2013-05198 Filed 3-5-13; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Rules and Regulations]
[Pages 59755-59758]
[FR Doc No: 2012-23989]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0343; FRL-9734-5]

Approval and Promulgation of Implementation Plans; Alabama
110(a)(1) and (2) Infrastructure Requirements for the 1997 and 2006
Fine Particulate Matter National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is taking final action to approve the State Implementation
Plan (SIP) submission, submitted by the State of Alabama, through the
Alabama Department of Environmental Management (ADEM), as demonstrating
that the State meets certain state implementation plan (SIP)
requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or
the Act) for the 1997 annual and 2006 24-hour fine particulate matter
(PM2.5) national ambient air quality standards (NAAQS).
Section 110(a) of the CAA requires that each state adopt and submit a
SIP for the implementation, maintenance, and enforcement of each NAAQS
promulgated by EPA, which is commonly referred to as an
``infrastructure'' SIP. Alabama certified that the Alabama SIP contains
provisions that ensure the 1997 annual and 2006 24-hour PM2
NAAQS are implemented, enforced, and maintained in Alabama (hereafter
referred to as ``infrastructure submission''). Alabama's infrastructure
submissions, provided to EPA on July 25, 2008, and September 23, 2009,
addressed all the required infrastructure elements for the 1997 annual
and 2006 24-hour PM2.5 NAAQS with the exception of sections
110(a)(2)(D)(i) and (E)(ii), which will be addressed in separate
actions.

DATES: This rule is effective October 31, 2012.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0343. All documents in the docket
are listed on the 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 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: Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street

SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-
9043. Mr. Lakeman can be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address basic SIP requirements,
including emissions inventories, monitoring, and modeling to assure
attainment and maintenance for that new NAAQS. On July 18, 1997 (62 FR
38652), EPA promulgated a new annual PM2.5 NAAQS and on
October 17, 2006 (71 FR 61144), EPA promulgated a new 24-hour NAAQS. On
June 11, 2012, EPA proposed to approve Alabama's July 25, 2008, and
September 23, 2009, infrastructure submissions for the 1997 annual and
2006 24-hour PM2.5 NAAQS. See 77 FR 34288. A summary of the
background for today's final action is provided below. See EPA's June
11, 2012, proposed rulemaking at 77 FR 34288 for more detail.
    Section 110(a) of the CAA requires states to submit SIPs to provide
for the implementation, maintenance, and enforcement of a new or
revised NAAQS within three years following the promulgation of such
NAAQS, or within such shorter period as EPA may prescribe. Section
110(a) imposes the obligation upon states to make a SIP submission to
EPA for a new or revised NAAQS, but the contents of that submission may
vary depending upon the facts and circumstances. The data and
analytical tools available at the time the state develops and submits
the SIP for a new or revised NAAQS affects the content of the
submission. The contents of such SIP submissions may also vary
depending upon what provisions the state's existing SIP already
contains. In the case of the 1997 annual and 2006 24-hour
PM2.5 NAAQS, states typically have met the basic program
elements required in section 110(a)(2) through earlier SIP submissions
in connection with previous PM NAAQS.
    More specifically, section 110(a)(1) provides the procedural and
timing requirements for SIPs. Section 110(a)(2) lists specific elements
that states must meet for ``infrastructure'' SIP requirements related
to a newly established or revised NAAQS. As already mentioned, these
requirements include SIP infrastructure elements such as modeling,
monitoring, and emissions inventories that are designed to assure
attainment and maintenance of the NAAQS. The requirements that are the
subject of this final rulemaking are listed below \1\ and in EPA's
October 2, 2007, memorandum entitled ``Guidance on SIP Elements
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone and
PM2.5 National Ambient Air Quality Standards.'' and
September 25, 2009, memorandum entitled ``Guidance on SIP Elements
Required Under Section 110(a)(1) and (2) for the 2006 24-Hour Fine
Particle (PM2.5) National Ambient Air Quality Standards.''
---------------------------------------------------------------------------

    \1\ Two elements identified in section 110(a)(2) are not
governed by the three year submission deadline of section 110(a)(1)
because SIPs incorporating necessary local nonattainment area
controls are not due within three years after promulgation of a new
or revised NAAQS, but rather are due at the time the nonattainment
area plan requirements are due pursuant to section 172. These
requirements are: (1) submissions required by section 110(a)(2)(C)
to the extent that subsection refers to a permit program as required
in part D Title I of the CAA, and (2) submissions required by
section 110(a)(2)(I) which pertain to the nonattainment planning
requirements of part D, Title I of the CAA. Today's final rulemaking
does not address infrastructure elements related to section
110(a)(2)(I) or the nonattainment plan requirements of section
110(a)(2)(C).
---------------------------------------------------------------------------

     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement of control
measures.\2\
---------------------------------------------------------------------------

    \2\ This rulemaking only addresses requirements for this element
as they relate to attainment areas.
---------------------------------------------------------------------------

     110(a)(2)(D): Interstate transport.\3\
---------------------------------------------------------------------------

    \3\ Today's final rule does not address element 110(a)(2)(D)(i)
(Interstate Transport) for the 1997 and 2006 PM2.5 NAAQS.
---------------------------------------------------------------------------

     110(a)(2)(E): Adequate resources.
     110(a)(2)(F): Stationary source monitoring system.
     110(a)(2)(G): Emergency power.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(I): Areas designated nonattainment and meet the
applicable requirements of part D.\4\
---------------------------------------------------------------------------

    \4\ This requirement was inadvertently omitted from EPA's
October 2, 2007, memorandum entitled ``Guidance on SIP Elements
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone
and PM2.5 National Ambient Air Quality Standards,'' but
as mentioned above is not relevant to today's final rulemaking.
---------------------------------------------------------------------------

     110(a)(2)(J): Consultation with government officials;
public notification; and PSD and visibility protection.
     110(a)(2)(K): Air quality modeling/data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local
entities.

II. This Action

    EPA is taking final action to approve Alabama's infrastructure
submissions as demonstrating that the State meets certain applicable
requirements of sections 110(a)(1) and (2) of the CAA for the 1997
annual and 2006 24-hour PM2.5 NAAQS. EPA notes that sections
110(a)(2)(D)(i) and (E)(ii) are not addressed by today's action.
Section 110(a) of the CAA requires that each state adopt and submit a
SIP for the implementation, maintenance, and enforcement of each NAAQS
promulgated by EPA, which is commonly referred to as an
``infrastructure'' SIP. ADEM certified that the Alabama SIP contains
provisions that ensure the 1997 annual and 2006 24-hour
PM2.5 NAAQS are implemented, enforced, and maintained in
Alabama.
    EPA received no adverse comments on its June 11, 2012, proposed
approval of Alabama's July 25, 2008, and September 23, 2009,
infrastructure submissions. Additionally, on September 10, 2012, EPA
signed a final rulemaking action approving revisions to Alabama's New
Source Review (NSR) requirements. EPA is not taking action today on
Alabama's NSR program, as these requirements are already approved in
Alabama's SIP.
    Alabama's infrastructure submissions, provided to EPA on July 25,
2008, and September 23, 2009, address all the required infrastructure
elements for the 1997 annual and 2006 24-hour PM2.5 NAAQS
with the exception of sections 110(a)(2)(D)(i) and (E)(ii) which will
be addressed in a separate action. EPA has determined that Alabama's
July 25, 2008, and September 23, 2009, submissions are consistent with
the requirements of CAA section 110 being acted upon today.

III. Final Action

    As already described, ADEM has addressed certain elements of the
CAA 110(a)(1) and (2) SIP requirements pursuant to EPA's October 2,
2007, guidance to ensure that 1997 annual and 2006 24-hour
PM2.5 NAAQS are implemented, enforced, and maintained in
Alabama. EPA is taking final action to approve Alabama's July 25, 2008,
and September 23, 2009, submissions for 1997 annual and 2006 24-hour
PM2.5 NAAQS (with the exception of sections 110(a)(2)(D)(i)
and (E)(ii)) because these submissions are consistent with section 110
of the CAA. Today's action is not approving any specific rule, but
rather making a determination that Alabama's already approved SIP meets
certain CAA requirements.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country, and EPA notes that it
will not impose substantial direct costs on tribal governments or
preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 30, 2012. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: September 14, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is 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 B--Alabama

0
2. Section 52.50(e) is amended by adding two new entries for
``110(a)(1) and (2) Infrastructure Requirements for the 1997 Fine
Particulate Matter National Ambient Air Quality Standards'' and
``110(a)(1) and (2) Infrastructure Requirements for the 2006 Fine
Particulate Matter National Ambient Air Quality Standards'' at the end
of the table to read as follows:

Sec.  52.50  Identification of plan.

* * * * *
    (e) * * *

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

                                                  * * * * * * *
110(a)(1) and (2)               Alabama.....................       7/25/2008  10/1/12.........  With the
 Infrastructure Requirements                                                  [Insert citation   exception of
 for 1997 Fine Particulate                                                     of publication].  sections
 Matter National Ambient Air                                                                     110(a)(2)(D)(i)
 Quality Standards.                                                                              and
                                                                                110(a)(2)(E)(ii
                                                                                ).
110(a)(1) and (2)               Alabama.....................       9/23/2009  10/1/12.........  With the
 Infrastructure Requirements                                                  [Insert citation   exception of
 for 2006 Fine Particulate                                                     of publication].  sections
 Matter National Ambient Air                                                                     110(a)(2)(D)(i)
 Quality Standards.                                                                              and
                                                                                110(a)(2)(E)(ii
                                                                                ).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2012-23989 Filed 9-28-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 119 (Thursday, June 22, 2017)]
[Proposed Rules]
[Pages 28433-28435]
[FR Doc No: 2017-12965]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0271; FRL-9963-79-Region 9]

Approval and Promulgation of Air Quality Implementation Plans;
Nevada; Rescission of Visibility Protection Federal Implementation Plan
for the Mohave Generating Station

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
rescind the visibility protection federal implementation plan (FIP)
that we promulgated on February 8, 2002, to regulate air pollutant
emissions from the Mohave Generating Station (MGS), located in Clark
County, Nevada. The EPA is proposing this action in response to the
Nevada Division of Environmental Protection's (NDEP) request dated
March 25, 2016. The request seeks rescission of the FIP because MGS had
been decommissioned and demolished, as demonstrated by the supporting
documentation provided by the NDEP.

DATES: Any comments on this proposal must arrive by August 7, 2017.
Requests for public hearing must be received on or before July 7, 2017.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-
R09-OAR-2017-0271, at http://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the Web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the
EPA's full public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Krishna Viswanathan, EPA Region IX,
(520) 999-7880<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Background
II. Proposed Action
III. Solicitation of Comments
IV. Environmental Justice Considerations
V. Statutory and Executive Order Reviews

I. Background

    The EPA promulgated a revision to the long-term strategy of the
Nevada Visibility FIP on February 8, 2002, to regulate air pollutant
emissions from MGS (``MGS FIP'').\1\ The requirements of the MGS FIP
were based on a consent decree between the owners of MGS and the Grand
Canyon Trust, the Sierra Club, and the National Parks Conservation
Association. The MGS FIP addressed concerns raised by the Department of
Interior regarding MGS's contribution to visibility impairment at the
Grand Canyon National Park due to sulfur dioxide emissions.
---------------------------------------------------------------------------

    \1\ 40 CFR 52.1488(d). See also 67 FR 6130 (February 8, 2002)
(final rule) and 65 FR 45003 (July 20, 2000) (proposed rule).
---------------------------------------------------------------------------

    On December 31, 2005, MGS ceased operations. On June 10, 2009, the
owners of MGS announced their decision to decommission and

dismantle MGS, and subsequently submitted a request to the NDEP to
terminate its Class I Air Quality Operating Permit, No. AP4911-0774,
FIN A0013. The NDEP, on April 9, 2010, granted the owners' request on
the basis that MGS had ceased all operations related to electricity
generation from burning coal and that MGS had received a new operating
permit establishing the emission reduction credits for the permanent
shutdown and dismantling of the main steam boilers. MGS was
subsequently demolished on March 11, 2011, as acknowledged in separate
EPA rulemakings.\2\ On March 25, 2016, the NDEP submitted a request to
us asking that we rescind the MGS FIP.\3\
---------------------------------------------------------------------------

    \2\ See 80 FR 55809, Table 1 (September 17, 2015) (explaining
that MGS ``ceased operations in December 2005 and was subsequently
fully decommissioned and demolished'').
    \3\ Letter from David Emme, Administrator, NDEP, to Jared
Blumenfeld, Regional Administrator, EPA Region 9, dated March 25,
2016, and attachments.
---------------------------------------------------------------------------

    The provisions of Clean Air Act section 307(d) apply to EPA's
action to revise the MGS FIP by rescinding it, and this rulemaking is
being conducted in accordance with those provisions.
    The proposed action relies on documents, information, and data that
are listed in the index on http://www.regulations.gov under docket
number EPA-R09-OAR-2017-0271. Publicly available docket materials are
available either electronically at http://www.regulations.gov or in
hard copy at the Planning Office of the Air Division, AIR-2, EPA Region
IX, 75 Hawthorne Street, San Francisco, CA 94105. The EPA requests that
you contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy of the docket. You may view the
hard copy of the docket Monday through Friday, 9:00-5:00 PDT, excluding
federal holidays.

II. Proposed Action

    Based on our review of the information submitted with the March 25,
2016 letter from NDEP, we are proposing to grant NDEP's request to
rescind the MGS FIP and update the Code of Federal Regulations to
remove any references to MGS because MGS has been decommissioned and
demolished.

III. Solicitation of Comments

    The EPA solicits comments on any issues associated with rescinding
the MGS FIP. In addition, if anyone contacts the EPA by July 7, 2017
requesting to speak at a public hearing, the EPA will schedule a public
hearing and announce the hearing in the Federal Register. Contact
Krishna Viswanathan at the phone number or email address provided above
to request a hearing or to find out if a hearing will be held.

IV. Environmental Justice Considerations

    The EPA is proposing to rescind a FIP that is no longer applicable
because the subject facility has been decommissioned and demolished.
Therefore, the EPA considers this proposed action to have no potential
disproportionately high and adverse effects on minority, low-income, or
indigenous populations.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

C. Regulatory Flexibility Act (RFA)

    I certify that this proposed action will not have a significant
economic impact on a substantial number of small entities. This action
will not impose any requirements on small entities because the rule
merely rescinds a FIP covering a generating station that has been
decommissioned and demolished.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will 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. This
action merely rescinds a FIP covering a generating station that has
been decommissioned and demolished.

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

    This action does not have tribal implications, as specified in
Executive Order 13175. This proposed action 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. This action merely rescinds a FIP covering a generating station
that has been decommissioned and demolished. Thus, Executive Order
13175 does not apply to this action.

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

    The EPA interprets EO 13045 as applying only to those regulatory
actions that concern health or safety risks that the EPA has reason to
believe may disproportionately affect children, per the definition of
``covered regulatory action'' in section 2-202 of the Executive Order.
This action is not subject to Executive Order 13045 because it merely
rescinds a FIP covering a generating station that has been
decommissioned and demolished.

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

    This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, the EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS because it merely rescinds a FIP covering a generating
station that has been decommissioned and demolished.

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

    The EPA believes that this proposed rule will not have potential
disproportionately high and adverse human health or environmental
effects on minority, low-income or indigenous populations because it
does not affect the level of protection provided to human health or the
environment. Because this proposed rule merely rescinds a FIP covering
a generating station that has been decommissioned and demolished, this
proposal will not cause any emissions increases.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Sulfur oxides.

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

    Dated: June 7, 2017.
Alexis Strauss,
Acting Regional Administrator, EPA Region IX.

    Chapter I, Title 40, of the Code of Federal Regulations is proposed
to be amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart DD--Nevada

0
2. Section 52.1488 is amended by removing and reserving paragraph (d).

[FR Doc. 2017-12965 Filed 6-21-17; 8:45 am]
BILLING CODE 6560-50-P


June 16, 2009

Statement of Karen Blanchard

Associate Director, Outreach and Information Division

Office of Air Quality Planning & Standards

Office of Air and Radiation

U.S. Environmental Protection Agency

Public Hearing on EPA’s Proposed Rule regarding

National Emission Standards for Hazardous Air Pollutants: Area Source
Standards for Paints and Allied Products Manufacturing

Research Triangle Park, North Carolina

	Good morning.  Thank you for taking the time to attend this public
hearing on the Environmental Protection Agency’s proposed National
Emission Standards for Hazardous Air Pollutants: Area Source Standards
for Paints and Allied Products Manufacturing.  My name is Karen
Blanchard.  I am the Associate Director of the Outreach and Information
Division in EPA’s Office of Air Quality Planning and Standards.  I
will be chairing today’s hearing.

	Before we begin hearing from the audience, I would like to briefly
describe the proposed rule that is the subject of today’s hearing.
This proposed rule was announced May 22, 2009 and published in the
Federal Register on June 1, 2009.

	The Clean Air Act requires EPA to identify categories of sources that
emit one or more of 187 listed hazardous air pollutants, also known as
air toxics.  These categories include both major and area sources.
Major sources of air toxics emit 10 tons per year of a single hazardous
air pollutant or 25 tons per year of a mixture of hazardous air
pollutants.  Examples of major sources include chemical plants and steel
mills.  Area sources release smaller amounts of toxic pollutants into
the air—less than 10 tons per year of a single air toxic, or less than
25 tons per year of a mixture of air toxics. Examples of air toxics area
sources include neighborhood dry cleaners and gas stations. Though
emissions from individual area sources are often relatively small,
collectively their emissions can be of concern—particularly where
large numbers of area sources are located in heavily populated areas.

	The Clean Air Act requires EPA to identify the toxic air pollutants
that pose a health threat in the largest number of urban areas and to
regulate sufficient area source categories to ensure that the emissions
of these “urban air toxics” are reduced.  EPA implements these
requirements through its Integrated Urban Air Toxics Strategy.  Paints
and allied products manufacturing facilities are included on the area
source category list.

	Rather than the maximum achievable control technology (MACT) required
for major sources, the Clean Air Act allows EPA to develop standards for
area sources that provide for the use of either generally available
control technologies, called “GACT” or management practices.

	This air toxics rule is being proposed in response to the requirements
in section 112(k) of the Clean Air Act. EPA is issuing the proposal at
this time in response to a court order that directs EPA to issue final
rules for area sources every six months.

Let me briefly outline the proposed revisions to the standards:

All facilities subject to the rule will be required to operate a
particulate control device to reduce emissions of metal air toxics. They
also will have to use management practices to control volatile air
toxics emissions.

We are seeking comment on whether to establish GACT standards for this
source category by distinguishing among the sources based on class,
type, or size.

To comply with the proposed rule, a facility will need to meet
requirements for monitoring, notifications, recordkeeping, and
reporting.  Within 120 days of the effective date of the final rule,
facilities will be required to notify EPA that they are an affected
source. After this initial notification, each facility will be required
to prepare an annual compliance certification for the previous calendar
year only if it does not meet the manufacturer’s standards for the
particulate control device or does not meet the visual emissions
standards during the year.

For demonstrating ongoing compliance, the requirements include daily,
weekly, and annual inspections; semi-annual visible emission testing;
monthly checklists; and annual certifications that the management
practices are being followed and the particulate control device is being
properly operated.

	More information is available in the fact sheet on the proposed rule.
Copies are at the registration table.  The fact sheet also includes
detailed instructions for submitting written comments.

The comment period for this proposal remains open until July 15, 2009.
EPA will issue a final rule by August 17, 2009.

	Now, let me turn to the comment portion of today’s hearing.  We will
be preparing a written transcript of this hearing, and each speaker’s
comments today will become part of the official record for the rule.

Today’s hearing will work as follows.  I will call on the scheduled
speakers according to the sign-in list.  Please state your name and your
affiliation.  It will help our court reporter if you also spell your
name.

	Please be sure to give a copy of any written comments to our staff at
the registration table.  We will put the full text of your written
comments into the docket for you.

	We are asking that you limit your testimony to 10 minutes each. After
you finish your testimony, the panel member may answer questions that
seek to clarify your comments.

	We will try to ensure everyone has an opportunity to comment.  We will
be here until 1 p.m. this afternoon, and will stay later if necessary.

	If you would like to testify but have not yet registered to do so,
please sign up at the registration table.

Now I’d like to introduce the other member of our panel. She is
Melissa Payne, an Environmental Specialist in the Outreach and
Information Division here at the Office of Air Quality Planning and
Standards.

I would like to thank you all again for participating today.  Let’s
get started.

 PAGE

 PAGE   2


[Federal Register Volume 78, Number 214 (Tuesday, November 5, 2013)]
[Notices]
[Page 66351]
[FR Doc No: 2013-26457]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1957-010]

Wisconsin Public Service Corp.; Notice of Application Accepted
for Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Amendment of Recreation Plan.
    b. Project No: 1957-010.
    c. Date Filed: January 4, 2013, and supplemented on October 16,
2013.
    d. Applicant: Wisconsin Public Service Corp.
    e. Name of Project: Otter Rapids Hydroelectric Project.
    f. Location: The Otter Rapids Hydroelectric Project is located on
the Wisconsin River in Vilas and Oneida Counties, Wisconsin.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r
    h. Applicant Contact: Shawn Puzen, Wisconsin Public Service Corp,
700 North Adams St., Green Bay, WI 54307,<PHONE_NUMBER>.
    i. FERC Contact: Mark Carter at<PHONE_NUMBER>, or email:
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: November 29, 2013.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
Please include the project number (P-1957-010) on any comments,
motions, or recommendations filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: Wisconsin Public Service Corp.
(licensee) proposes to amend its recreation plan by permanently closing
public access to the existing fishing platforms located downstream of
the project dam (i.e., the pier located in the river channel and the
pier located alongside the back of the powerhouse) and install a new
fishing platform on the south bank of the river downstream of the
powerhouse. Also, the licensee proposes to relocate the existing self-
guided tour facilities from inside the powerhouse to outside of the
powerhouse next to the proposed tailrace fishing platform. As reasons
for its proposed changes, the licensee cites public safety and project
security concerns.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field (P-1957) to access the document. You
may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, call 1-866-
208-3676 or email<EMAIL_ADDRESS>for TTY, call (202) 502-
8659. A copy is also available for inspection and reproduction at the
address in item (h) above. Agencies may obtain copies of the
application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: October 30, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-26457 Filed 11-4-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 23 (Friday, February 5, 2021)]
[Notices]
[Page 8350]
[FR Doc No: 2021-02415]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL21-43-000; QF87-237-024]

Midland Cogeneration Venture Limited Partnership; Notice of
Request for Limited Waiver

    Take notice that on January 25, 2021, pursuant to section
292.205(c) of the Federal Energy Regulatory Commission's (Commission)
Rules and Regulations,\1\ implementing the Public Utility Regulatory
Policies Act of 1978 (PURPA), Midland Cogeneration Venture Limited
Partnership submitted a request for a limited and temporary waiver of
the Commission's qualifying cogeneration facility efficiency standard
set forth in 18 CFR 292.205(a)(2) for calendar years 2020 and 2021, due
to the decrease in steam consumption by the facility's thermal host,
Corteva Agriscience, caused by the unexpected and catastrophic flood
that devastated Midland, Michigan, as more fully explained in the
request.
---------------------------------------------------------------------------

    \1\ 18 CFR 292.205 (2020).
---------------------------------------------------------------------------

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern time on February 16, 2021.

    Dated: January 29, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-02415 Filed 2-4-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 14 (Monday, January 23, 2012)]
[Notices]
[Page 3324]
[FR Doc No: 2012-1053]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Release of Airport Property: Page Field, Fort Myers, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for Public Comment.

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SUMMARY: The FAA hereby provides notice of intent to release certain
airport properties 1.52 acres at Page Field, Fort Myers, FL from the
conditions, release certain properties from all terms, conditions,
reservations and restrictions of a Quitclaim Deed agreement, dated June
4, 1947, between the subject airport and the Federal Aviation
Administration. The release of property will allow the Lee County Port
Authority, owner of Page Field, to dispose of the property for other
than aeronautical purposes. The property is located in the southwest
corner of airport property, north of South Road, in Lee County,
Florida. The parcel is currently designated as non-aeronautical use.
The property will be released of its federal obligations to sell the
property at Fair Market Value to Lee County for municipal purposes. The
appraised Fair Market Value of the parcel is $64,628.
    Documents reflecting the Sponsor's request are available, by
appointment only, for inspection at the Lee County Port Authority
Offices at Fort Myers International Airport and the FAA Airports
District Office.

SUPPLEMENTARY INFORMATION: Section 125 of The Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century (AIR-21) requires the
FAA to provide an opportunity for public notice and comment prior to
the ``waiver'' or ``modification'' of a sponsor's Federal obligation to
use certain airport land for non-aeronautical purposes.

    DATES: Comments are due on or before February 22, 2012.

    ADDRESSES: Documents are available for review at the Lee County
Port Authority Offices at Fort Myers International Airport, and the FAA
Airports District Office, 5950 Hazeltine National Drive, Suite 400,
Orlando, FL 32822. Written comments on the Sponsor's request must be
delivered or mailed to: Rebecca R. Henry, Program Manager, Orlando
Airports District Office, 5950 Hazeltine National Drive, Suite 400,
Orlando, FL 32822-5024.

FOR FURTHER INFORMATION CONTACT: Rebecca R. Henry, Program Manager,
Orlando Airports District Office, 5950 Hazeltine National Drive, Suite
400, Orlando, FL 32822-5024.

Bart Vernace,
Acting Manager, Orlando Airports District Office, Revision Date 11/22/
00
[FR Doc. 2012-1053 Filed 1-20-12; 8:45 am]
BILLING CODE 4910-13-P