[Federal Register: June 21, 2006 (Volume 71, Number 119)]
[Notices]
[Page 35671-35673]
[DOCID:fr21jn06-104]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0096; FRL-8063-8]

Notice of Filing of a Pesticide Petition for Establishment of
Regional and National Regulations for Residues of Mefenoxam in or on
Beans and Turnip Greens

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the initial filing of a pesticide
petition proposing the establishment of regulations for residues of
mefenoxam in or on beans (succulent shelled) and turnip greens.

DATES: Comments must be received on or before July 21, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0096 and pesticide petition number (PP)
5F7018, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0096. EPA's policy is that all comments

received will be included in the docket without change and may be made
available on-line at http://www.regulations.gov, including any personal

information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
regulations.gov or e-mail. The Federal regulations.gov website is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the docket and made available on the Internet. If you submit
an electronic comment, EPA recommends that you include your name and
other contact information in the body of your comment and with any disk
or CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: All documents in the docket are listed in the docket index.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either 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
Building), 2777 S. Crystal Drive, Arlington, VA. The hours of operation
of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The Docket telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Lana Coppolino, 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. General Information

A. 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:
     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 provides
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.

B. What Should I Consider as I Prepare My Comments for EPA?

     1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
     2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. What Action is the Agency Taking?

    EPA is printing a summary of a pesticide petition received under
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, proposing the establishment or amendment of regulations in
40 CFR part 180 for residues of pesticide chemicals in or on various
food commodities. EPA has determined that this pesticide petition
contains data or information regarding the elements set forth in FFDCA
section 408(d)(2); however, EPA has not fully evaluated the sufficiency
of the submitted data at this time or whether the data support granting
of the pesticide petition. Additional data may be needed before EPA
rules on this pesticide petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition included in
this notice, prepared by the petitioner along with a description of the
analytical method available for the detection and measurement of the
pesticide chemical residues is available on EPA's Electronic Docket at
http://www.regulations.gov. To locate this information on the home page

of EPA's Electronic Docket, select ``Quick Search'' and type the OPP
docket ID number. Once the search has located the docket, clicking on
the ``Docket ID'' will bring up a list of all documents in the docket
for the pesticide including the petition summary.

New Tolerance

    PP 5F7018. Syngenta Crop Protection, P.O. Box 18300, Greensboro, NC
27409, proposes to establish a regional tolerance (East of the
Mississippi River) for residues of the fungicide mefenoxam in or on
food commodities bean, succulent shelled at 0.03 parts per million
(ppm); and a national tolerance in or on food commodities turnip,
greens at 5.0 ppm. Syngenta has submitted a practical analytical method
involving extraction, filtration, acid reflux, steam distillation, and
solid phase clean-up with analysis by

confirmatory gas chromatography using nitrogen/phosphorous detection. A
total residue method is used for determination of the combined residues
of mefenoxam and its metabolites which contain the 2,6-dimethylaniline
(DMA) moiety. The limit of quantitation (LOQ) for the method is 0.05
ppm.

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: May 31, 2006.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E6-9281 Filed 6-21-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Rules and Regulations]
[Pages 38395-38396]
[FR Doc No: 2023-12610]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0588; Airspace Docket No. 23-ASO-10]
RIN 2120-AA66

Amendment of Class D and Class E Airspace; Lakeland, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class D airspace, Class E airspace
designated as an extension to a Class D surface area, and Class E
airspace extending upward from 700 feet above the surface for Lakeland
Linder International Airport, Lakeland, FL. This action updates this
airport's name and geographic coordinates, as well as the names of
Bartow Executive Airport, Plant City Airport, and Winter Haven Regional
Airport. In addition, this action removes the Lakeland VORTAC from the
Class E airspace designated as an extension to a Class D surface area
description.

DATES: Effective 0901 UTC, August 10, 2023. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11 and
publication of conforming amendments.

ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all
comments received, this final rule, and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours a day, 365 days a year.
    FAA Order JO 7400.11G Airspace Designations and Reporting Points
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it amends Class D and E airspace in Lakeland, FL. An airspace
evaluation determined that this update is necessary to support IFR
operations in the area.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA 2023-0588 in the Federal Register (88 FR 21132; April 10, 2023),
proposing to amend Class D airspace, Class E airspace designated as an
extension to a Class D surface area, and Class E airspace extending
upward from 700 feet above the surface for Lakeland Linder
International Airport (formerly Lakeland Linder Regional Airport),
Lakeland, FL. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal to the
FAA. No comments were received.

Incorporation by Reference

    Class D and E airspace designations are published in Paragraphs
5000, 6004, and 6005 of FAA Order JO 7400.11, Airspace Designations and
Reporting Points, incorporated by reference in 14 CFR 71.1 annually.
This document amends the current version of that order, FAA Order JO
7400.11G, dated August 19, 2022, and effective September 15, 2022. FAA
Order JO 7400.11G is publicly available as listed in the ADDRESSES
section of this document. These amendments will be published in the
next FAA Order JO 7400.11 update.

    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 by amending Class D airspace,
Class E airspace designated as an extension to a Class D surface area,
and Class E airspace extending upward from 700 feet above the surface
for Lakeland Linder International Airport (formerly Lakeland Linder
Regional Airport), Lakeland, FL, as an airspace evaluation determined
an update for this airport necessary. This action increases the Class D
radius of the airport to 4.6-miles (previously 4.2-miles). This action
also updates this airport's name and geographic coordinates, as well as
the names of Bartow Executive Airport (formerly Bartow Municipal
Airport), Plant City Airport (formerly Plant City Municipal Airport),
and Winter Haven Regional Airport (formerly Winter Haven's Gilbert
Airport). In addition, this action removes the Lakeland VORTAC from the
Class E airspace designated as an extension to a Class D surface area
description, as it is not needed to describe the airspace. Finally,
this action replaces Notice to Airmen with Notice to Air Missions and
Airport/Facility Directory with Chart Supplement in the appropriate
airspace descriptions. Controlled airspace is necessary for the safety
and management of instrument flight rules (IFR) operations in the area.

Regulatory Notices and Analyses

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

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a.
    This airspace action is not expected to cause any potentially
significant environmental impacts, and no extraordinary circumstances
warrant the preparation of an environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO FL D Lakeland, FL [Amended]

Lakeland Linder International Airport, FL
    (Lat. 27[deg]59'16'' N, long. 82[deg]01'08'' W)
South Lakeland Airport
    (Lat. 27[deg]56'00'' N, long. 82[deg]02'38'' W)

    That airspace extending upward from the surface to and including
2,600 feet MSL within a 4.6-mile radius of the Lakeland Linder
International Airport, excluding that airspace within a 1.5-mile
radius of South Lakeland Airport. This Class D airspace area is
effective during the specific dates and times established in advance
by a Notice to Air Missions. The effective date and time will
thereafter be continuously published in the Chart Supplement.
* * * * *

Paragraph 6004 Class E Airspace Is Designated as an Extension to
Class D or E Surface Area.

* * * * *

ASO FL E4 Lakeland, FL [Amended]

Lakeland Linder International Airport, FL
    (Lat. 27[deg]59'16'' N, long. 82[deg]01'08'' W)

    That airspace extending upward from the surface within 1.5 miles
on each side of the 090[deg] bearing from Lakeland Linder
International Airport extending from the 4.6-mile radius to 7 miles
east of the airport. This Class E airspace area is effective during
the specific dates and times established in advance by a Notice to
Air Missions. The effective date and time will thereafter be
continuously published in the Chart Supplement.
* * * * *

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASO FL E5 Lakeland, FL [Amended]

Lakeland Linder International Airport, FL
    (Lat. 27[deg]59'16'' N, long. 82[deg]01'08'' W)
Bartow Executive Airport
    (Lat. 27[deg]56'36'' N, long. 81[deg]47'00'' W)
Plant City Airport
    (Lat. 28[deg]00'01'' N, long. 82[deg]09'48'' W)
Winter Haven Regional Airport
    (Lat. 28[deg]03'47'' N, long. 81[deg]45'12'' W)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Lakeland Linder International Airport, and
within a 6.7-mile radius of Bartow Executive Airport, a 6.6-mile
radius of Plant City Airport, and within 3.5 miles on each side of
the 266[deg] bearing from the Plant City Airport extending from the
6.6-mile radius to 7.5 miles west of the airport, and within a 6.5-
mile radius of Winter Haven Regional Airport.
* * * * *

    Issued in College Park, Georgia, on May 26, 2023
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-12610 Filed 6-12-23; 8:45 am]
BILLING CODE 4910-13-P


Proposed Rule on Conventional Pesticides ( 40 CFR Part 158)

May 3 4, 2005 Holiday Inn Rosslyn 1900 N. Fort Myer Drive Arlington, VA 22209 Jean Frane Senior Regulatory Specialist Office of Pesticide Programs 2 What Am I Going to Talk About?

 A Little Pre History and Background

Statutory

Regulatory  Specifics

Applicability of part 158

General provisions

How to use data tables

Use pattern index ( Appendix A)

Product Chemistry 3 The Proposed Rule

March 11, 2005 ( 70 FR 12275)

90 day comment period

Public comments on or before June 9, 2005 4 History and Background Where did Data Requirements Come From? 5  President Nixon created the EPA ..

FDA USDA EPA  . and data requirements were without form and void,

and darkness was upon the face of the applicant

 . In The Beginning 6 What does the law require?

 FIFRA is a licensing statute

" Unreasonable adverse effects" standard   3( c)( 5)

 FFDCA is similar   individual tolerance decisions

" Reasonable certainty of no harm" standard   408( b)

 Both require submission of data to demonstrate standard is met. 7 Pre EPA Regulations  Data requirements embedded in the statute   regulations mirrored statutory language  Regulatory data requirements under FIFRA in 1964:

o   if requested by the Director, a full description of the tests made and the results thereof upon which the claims for the economic poison are based ."

 Regulatory data requirements under FFDCA in 1971:

o " . Full reports of investigations made with respect to the safety of the pesticide chemical ( These reports should include  detailed data derived from appropriate animal or other biological experiments ..)" 8 Factoids About Pre 1972 Data Requirements  1955  Certification of Usefulness under FFDCA

Product Performance  1965   Mrak Report ( NAS)

Toxicology and Analytical Methods under FFDCA  1970   PR Notice 70 15

First Environmental Fate Requirements 9 1972  FIFRA amended from consumer protection statute to risk/ benefit statute 10 Highlights of post 1972 Data Evolution  1975   Registration regulations  1978   Guidelines proposed  1975 82  Guideline development  1981   Guidelines and regulations separated  1984   Part 158 promulgated  1988   Product Chemistry upgraded 11 What types of changes are proposed?

 Newly imposed requirement  Newly codified requirement  Revision of existing requirement  Potential elimination of requirement 12 Format Changes  Simplifies general provisions of subpart A

Deletes unnecessary material

Relocates material into more appropriate parts  Creates new subparts by scientific discipline

Correspond to Guideline parts 13 Reformat and upgrade structure Subpart G: Product Performance Subpart F: Toxicology Subpart E: Terrestrial and Aquatic Non target Organisms Subpart D   Everything else Subpart J : Plant Protection Subpart D: Product Chemistry Subpart C: Product Chemistry Subpart B   How to Use Tables Subpart B: How to Use Data Tables Subpart A   General Provisions Subpart A: General Provisions Proposed Regulation and Title Current Regulation and Title 14 Proposed Change to Subpart Designations Subpart R: Spray Drift Subpart M: Microbial Pesticides Subpart P: Pesticide Management and Disposal ( Reserved)

Subpart U: Applicator Exposure Subpart W: Antimicrobials Subpart L: Biochemical Pesticides Subpart K: Post Application Exposure Subpart D  continued Proposed Regulation and Title Current Regulation and Title 15 General Provisions   Subpart A  Applicability  Definitions  Flexibility  Format of Data  CBI  Flagging Criteria  Waivers  Satisfaction of Data Requirements 16 Applicability to Pesticide Types  Conventional pesticides only  Does not address

Biochemical, microbial pesticides

Antimicrobial pesticides

Plant Incorporated Protectants ( PIPs)

Inert Ingredients

Spray drift

Product performance 17 Applicability to Actions  Registration and Amended Registration  Reregistration/ DCIs  Tolerances and Exemptions  Experimental Use Permits 18 CBI  Updates per:

Statutory changes o Incorporates FFDCA CBI protections   408( i)

o Now identical to FIFRA CBI protections  Pre tolerance not automatically CBI  All data submitted for tolerance/ exemption = FIFRA data

Class determinations o Extends class determination on safety and efficacy data to all data required by part 158

Court cases have limited entitlement to protection o Section 10( d)( 1)( A),( B),( C) data not entitled to confidentiality unless meet trade secret criteria of 10( b) 19 CBI  continued

Defines scope of " safety and efficacy information"

Includes virtually all information submitted to Agency under part 158

Post 1988 safety and efficacy data are non confidential

Requires upfront claim of CBI   not upfront substantiation

Unless claimed confidential, EPA may release w/ o notice

Unless claimed confidential, EPA may release certain summary information w/ o affirmation of multi national status

Procedures for CBI claims similar to current regulations.

Clarifies CBI status of data on pre registration/ pre tolerance chemicals

Not automatically protected, must claim CBI

Voluntary agreement for CBI data sharing for joint review purposes 20 Flagging Criteria  What are flagging criteria?

Means of prioritizing reviews based upon hazard endpoints

Toxicology criteria only  Consolidated 11     7 categories

Eliminates distinction between subchronic and chronic studies

Combines studies focused on children

Consolidates specific NOAEL study criteria into generic NOAEL criteria 21 WAIVERS  Retains current provisions   no substantive changes  Waivers recognize that Part 158 is " macro" in nature

Expected data needs, based on EPA past experience and practice

Waiver requests appropriate for unusual or specific products and use patterns  Improved clarity and transparency of test notes may reduce need for waiver requests  Importance of pre registration consultation to minimize need for waiver requests  Opportunity to seek in some cases time extensions for data waivers that are denied 22 How to Use Tables   Subpart B  Expanded use categories   9     15  R versus CR  Test substances  Test notes  Guideline numbers for reference  Experimental use permit requirements 23 Reading A Table  Example TABLE: NONTARGET PLANT PROTECTION DATA REQUIREMENTS Use Pattern Data Requirement Terrestrial Aquatic Forestry and Residential Outdoor Test substance Test Note No.

Nontarget Area Phytotoxicity  Tier I 850.4100 Seedling emergence R R R TEP 1, 2, 3 850.4150 Vegetative vigor R R R TEP 1, 2, 3, 4 850.4400 850.5400 Aquatic plant growth ( algal and aquatic vascular plant toxicity) R R R TEP or TGAI 1 Nontarget Area Phytotoxicity  Tier II 850.4225 Seedling emergence CR CR CR TEP 1, 3, 5, 6 850.4250 Vegetative vigor CR CR CR TEP 1, 3, 4, 5, 6 850.4400 850.5400 Aquatic plant growth ( algal and aquatic vascular plant toxicity) CR CR CR TEP or TGAI 1, 7 24 Guidelines vs Regulations  Part 158 regulations

Mandatory

Questions that must be answered

Types of data

Parameters of the test requirement  Guidelines

Non mandatory

Acceptable Test Protocols, Methodology & Standards

Documentation and reporting of data

Parameters of the testing itself 25 How much will this cost?

 Types of data requirement changes

Newly codified requirement $ 28.9 million

Revision of existing requirement $ 21.6 million  Total $ 50.5 million

Out of the above only $ 1.9 are newly imposed  Impact on small businesses

1.6% could experience cost increase of   3% or more of gross sales

2.4% could experience cost increase of   1% or more of gross sales 26 How did we calculate the cost?

 Potential cost of guideline test

Price from laboratories o Commercial laboratories o In house laboratories

Average of low and high cost estimates o Differences in price charged by laboratories

Estimate of times a particular test was required o Scientific experience in Agency

Surrogate data or possible waiver 27 Product Chemistry   subpart D  Virtually nothing changed

1988 Watershed Year for Product Chemistry  Re inserted Basic Chemical Information in Table

Product Identity and Composition Information

Production/ Formulation Information

Certification of Limits   Actives, Inerts, Impurities

Enforcement Method  Clarification   avoids confusion 28 Product Chemistry  continued

Add UV Light Absorption

200 800 nm range

Feeds into photodegradation

Add Particle Size, Fiber Length, Distribution

Feeds into spray drift analysis

Stability to Metals   No Real Change

R   CR

Explodability   No Real Change

R  CR

Partition Coefficient   No Real Change

CR  R

Density, Dissociation Constant, Vapor Pressure

Test notes added


[Federal Register Volume 87, Number 93 (Friday, May 13, 2022)]
[Rules and Regulations]
[Pages 29228-29232]
[FR Doc No: 2022-10212]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2021-0931; FRL-9541-02-R8]

Air Plan Conditional Approval; Colorado; Revisions to Regulation
Number 7 and Oil and Natural Gas RACT Requirements for 2008 8-Hour
Ozone Standard for the Denver Metro/North Front Range Nonattainment
Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is conditionally
approving portions of State Implementation Plan (SIP) revisions
submitted by the State of Colorado on May 14, 2018 and May 13, 2020.
The revisions are to Colorado Air Quality Control Commission
(Commission or AQCC) regulations of ozone precursor and hydrocarbon
emissions from oil and gas operations, and address Colorado's SIP
obligation to require reasonably available control technology (RACT)
for sources covered by the 2016 oil & natural gas control techniques
guidelines (CTG or CTGs) for Moderate nonattainment areas under the
2008 ozone National Ambient Air Quality Standard (NAAQS). These
revisions address the final pieces of the May 14, 2018 and May 13, 2020
submittals that we have not previously acted on. The EPA is taking this
action pursuant to the Clean Air Act (CAA).

DATES: This rule is effective June 13, 2022.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2021-0931. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, telephone number:<PHONE_NUMBER>, email address:
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our
February 17, 2022 proposal.\1\ We proposed to conditionally approve
various revisions to the Colorado SIP that were submitted to the EPA in
two separate SIP submittals, which the EPA received on May 14, 2018,
and May 13, 2020. In particular, we proposed to conditionally approve
into the SIP certain Reg. 7 rules to meet the 2008 8-hour ozone NAAQS
oil and gas CTG RACT requirements for Moderate nonattainment areas that
were not acted on in our July 3, 2018,\2\ February 24, 2021,\3\ and
November 5, 2021 \4\ rulemakings. The proposal describes the background
for this action, explains the revisions in detail, and the explains
rationale for the EPA's proposed actions.
---------------------------------------------------------------------------

    \1\ 87 FR 8997.
    \2\ Final Rule, Approval and Promulgation of State
Implementation Plan Revisions; Colorado; Attainment Demonstration
for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front
Range Nonattainment Area, and Approval of Related Revisions, 83 FR
31068, 31069-31072.
    \3\ Final Rule, Approval and Promulgation of Implementation
Plans; Colorado; Revisions to Regulation Number 7 and RACT
Requirements for 2008 8-Hour Ozone Standard for the Denver Metro/
North Front Range Nonattainment Area, 86 FR 11125, 11126-11127.
    \4\ Final Rule, Approval and Promulgation of Implementation
Plans; Colorado; Revisions to Regulation Number 7;
    Aerospace, Oil and Gas, and Other RACT Requirements for the 2008
8-Hour Ozone Standard for the Denver Metro/North Front Range
Nonattainment Area, 86 FR 61071, 61072.
---------------------------------------------------------------------------

II. Comments

    There were no comments received on the proposal.

III. Final Action

    The EPA is conditionally approving revisions to Sections XII.J.1 of
Reg. 7 from the State's May 14, 2018 submittal and Part D, Sections
I.D., I.E., I.F., and I.J.1. of Reg. 7 from the State's May 13, 2020
submission as shown in Table 1.
    The EPA is conditionally approving revisions to Reg. 7, Part D,
Sections I.E.3. (including subsections (a)(i) through (iii)) and
I.J.1.g.through i. Additionally, the EPA is conditionally approving
Colorado's determination that Reg. 7, Part D satisfies RACT
requirements for the Colorado ozone SIP for the 2016 oil and natural
gas CTG. Under section 110(k)(4) of the Act, the EPA may approve a SIP
revision based on a commitment by a state to adopt specific enforceable
measures by a date certain, but not later than one year after the date
of approval of the plan revision. On October 20, 2021, Colorado
submitted a letter committing to adopt and submit specific revisions by
June 30, 2022.\5\ Specifically, the State has committed to add
requirements for performance testing of certain combustion devices
consistent with the EPA's oil and gas CTG by using the same frequency,
testing protocol, and recordkeeping requirements that will apply to
storage vessels and wet seal centrifugal compressors required to be
controlled under the EPA's oil and gas CTG (i.e., storage vessels that
have the potential for VOC emissions equal to or greater than 6 tpy).
Now that we are finalizing our conditional approval, Colorado must
adopt and submit the specific revisions it has committed to by June 30,
2022 in order for the conditional approval to convert to full approval.
We note that the Colorado AQCC adopted the revisions as outlined in the
commitment letter on December 17, 2021, and we anticipate that the
State will meet its deadline to submit these measures as SIP revisions.
However, if Colorado does not comply with its commitment by June 30,
2022, if we find Colorado's SIP submission provided to fulfill the
commitment to be incomplete, or if we disapprove the SIP submission,
this conditional approval will convert to a disapproval. If any of
these occur and our conditional approval converts to a disapproval,
that will constitute a disapproval of a required plan element under
part D of title I of the Act, which will start an 18-month clock for
sanctions \6\ and the two-year clock for a federal implementation
plan.\7\
---------------------------------------------------------------------------

    \5\ Although CAA section 110(k)(4) allows the EPA to make a
conditional approval based on a commitment to act within one year of
the final conditional approval, Colorado has committed to act on a
much more accelerated schedule.
    \6\ See CAA section 179(a)(2).
    \7\ See CAA section 110(c)(1)(B).

      Table 1--List of Colorado Revisions to Reg. 7 That the EPA Is
                         Conditionally Approving
------------------------------------------------------------------------

-------------------------------------------------------------------------
Revised Sections in May 14, 2018 and May 13, 2020 Submittals for
 Conditional Approval:
    May 14, 2018 Submittal:
        XII.J.1.
    May 13, 2020 Submittal:
        Part D, Sections I.D.-D.3.a.(i), I.D.3.b.-b.(i), I.D.3.b.(ii),
         I.D.3.b.(v), I.D.3.b.(vii), I.D.3.b.(ix), I.D.4.-I.E.1.a.,
         I.E.2.-.c.(ii), I.E.2.c.(iv)-c.(viii), I.F.-1.d., I.F.1.g.-
         g.(xii), I.F.1.h.-F.2.a., I.F.2.c.-c.(vi), I.F.3.-3.a, I.F.3.c.-
         c.(i)(C), and I.J.1.-j. (renumbering).

Revised Sections from Colorado's Oct. 20, 2021 Commitment Letter:
    Part D, Sections I.E.3.-a.(iii), I.J.1.g.-h., I.J.1.i., and
     I.J.1.i.(i)(E)-(F).
------------------------------------------------------------------------

IV. Consideration of Section 110(l) of the CAA

    Under section 110(l) of the CAA, the EPA cannot approve a SIP
revision if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
toward attainment of the NAAQS, or any other applicable requirement of
the Act. In addition, section 110(l) requires that each revision to an
implementation plan submitted by a state be adopted by the state after
reasonable notice and public hearing.
    The Colorado SIP revisions that the EPA is conditionally approving
do not interfere with any applicable requirements of the Act. The Reg.
7 revisions submitted by the State on May 13, 2018 and May 14, 2020 are
intended to strengthen the SIP and to serve as RACT for certain sources
for the Colorado ozone SIP. Colorado's submittals provide adequate
evidence that the revisions were adopted after reasonable public
notices and hearings. Therefore, CAA section 110(l) requirements are
satisfied.

V. Environmental Justice Considerations

    Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
    To identify potential environmental burdens and susceptible
populations in the DMNFR area, a screening analysis was conducted using
the EJScreen \8\ tool to evaluate environmental and demographic
indicators within the area, based on available data from the Census
Bureau's American Community Survey. The results of this assessment are
discussed in detail in our February 17, 2022 proposal.\9\
---------------------------------------------------------------------------

    \8\ EJSCREEN is an environmental justice mapping and screening
tool that provides the EPA with a nationally consistent dataset and
approach for combining environmental and demographic indicators;
available at https://www.epa.gov/ejscreen/what-ejscreen.
    \9\ 87 FR 8997.
---------------------------------------------------------------------------

    As explained in our February 17, 2022 proposal, we believe that
this action will not have disproportionately high or adverse human
health or environmental effects on communities with environmental
justice concerns, and will contribute to the increased protection of
those residing, working, attending school, or otherwise present in
those areas.

VI. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text in an EPA
final rule that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is incorporating by reference
Colorado AQCC Regulation 7 pertaining to the control of ozone via ozone
precursors and control of hydrocarbons from oil and gas emissions. The
EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 8 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). Therefore,
these materials have been approved by the EPA for inclusion in the SIP,
have been incorporated by reference by the EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of the EPA's conditional
approval, and will be incorporated by reference in the next update to
the SIP compilation.\10\
---------------------------------------------------------------------------

    \10\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, 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, the SIP is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. The rule does not have tribal
implications and will not impose substantial direct costs on tribal
governments or preempt tribal law as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
    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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 12, 2022. 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, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.

    Dated: May 9, 2022.
KC Becker,
Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart G--Colorado

0
2. Add Sec.  52.319 to subpart G to read as follows:

Sec.  52.319   Conditional approval.

    (a) The EPA is conditionally approving portions of the Colorado SIP
revisions submitted on May 14, 2018 and May 13, 2020. The conditional
approval is based upon the October 20, 2021 commitment from the State
to submit a SIP revision consisting of rule revisions that will cure
the identified deficiencies by June 30, 2022. If the State fails to
meet its commitment, the conditional approval will be treated as a
disapproval with respect to the rules and CTG category for which the
corrections are not met. The following are conditionally approved:
    (1) Regulation number 7, Section XII.J.1. from the May 14, 2018
submittal and Part D, Sections I.D.-D.3.a.(i), I.D.3.b.-b.(i),
I.D.3.b.(ii), I.D.3.b.(v), I.D.3.b.(vii), I.D.3.b.(ix), I.D.4.-
I.E.1.a., I.E.2.-c.(ii), I.E.2.c.(iv)-c.(viii), I.F.-1.d., I.F.1.g.-
g.(xii), I.F.1.h.-F.2.a., I.F.2.c.-c.(vi), I.F.3.-3.a, I.F.3.c.-
c.(i)(C), and I.J.1.-j. from the May 13, 2020 submittal.
    (2) Colorado's determination that Reg. 7, Part D satisfies 2008
ozone NAAQS SIP RACT requirements for the following category, ``Control
Techniques Guidelines for the Oil and Natural Gas Industry'' EPA-453/B-
16-001, October 2016.
    (b) [Reserved]

0
3. In Sec.  52.320:
0
a. In the table in paragraph (c), revise the entry for ``I. Volatile
Organic Compound Emissions from Oil and Gas Operations'' under the
heading ``5 CCR 1001-09, Regulation Number 7, Control of Ozone Via
Ozone Precursors and Hydrocarbons via Oil and Gas Emissions, (Emissions
of Volatile Organic Compounds and Nitrogen Oxides), Part D, Oil and
Natural Gas Operations''; and
0
b. In the table in paragraph (e), under the subheading ``Denver
Metropolitan Area'', add an entry for ``Reasonably Available Control
Technology for the 2008 8-Hour Ozone National Ambient Air Quality
Standard (NAAQS) State Implementation Plan (RACT SIP)'' after the entry
``2008 Ozone Moderate Area Attainment Plan''.
    The revision and addition read as follows:

Sec.  52.320   Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                        State
              Title                   effective    EPA  effective       Final rule              Comments
                                        date             date         citation/date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
   5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas
Emissions, (Emissions of Volatile Organic Compounds and Nitrogen Oxides), Part D, Oil and Natural Gas Operations
----------------------------------------------------------------------------------------------------------------
I. Volatile Organic Compound            2/14/2020       6/13/2022  [insert Federal      Previous SIP approval 2/
 Emissions from Oil and Gas                                         Register             13/2008. Substantive
 Operations.                                                        citation], 5/13/     changes to Section XII;
                                                                    2022.                state-only provisions
                                                                                excluded, approved 7/3/
                                                                                2018. Substantive
                                                                                changes approved 11/25/
                                                                                2021 except no action
                                                                                on Sections I.D., I.E.,
                                                                                I.F. and I.J.1.
                                                                                Conditional approval of
                                                                                Sections I.D., I.E.,
                                                                                I.F., and I.J.1. 5/13/
                                                                                2022.

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

* * * * *

    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                         State
               Title                   effective    EPA  effective   Final rule citation/         Comments
                                         date             date               date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                            Denver Metropolitan Area
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Reasonably Available Control            11/21/2017       6/13/2022  [insert Federal        Previous SIP
 Technology for the 2008 8-Hour                                      Register citation],    approvals 7/03/2018,
 Ozone National Ambient Air                                          5/13/2022.             2/24/202, and 11/05/
 Quality Standard (NAAQS) State                                                             2021. Conditional
 Implementation Plan (RACT SIP).                                                            approval of oil and
                                                                                gas RACT 5/13/2022.

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

[FR Doc. 2022-10212 Filed 5-12-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Notices]
[Pages 35956-35958]
[FR Doc No: 2012-14616]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 1175-015; 1290-012]

Appalachian Power Company; Notice of Application Accepted for
Filing, Soliciting Motions To Intervene and Protests, Ready for
Environmental Analysis, and Soliciting Comments, Recommendations,
Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major Licenses.
    b. Project Nos.: 1175-015 and 1290-012.
    c. Date filed: January 31, 2012.
    d. Applicant: Appalachian Power Company.
    e. Name of Project: London-Marmet and Winfield Hydroelectric
Projects.
    f. Location: The existing projects are located on the Kanawha
River. The London/Marmet Project is located in Fayette and Kanawha
Counties, West Virginia, and the Winfield Project is located in Kanawha
and Putnam Counties, West Virginia. The London/Marmet and Winfield
Projects would occupy 11.71 and 8.25 acres, respectively, of federal
land managed by the U.S. Army Corp of Engineers.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Harold G. Slone, Manager, Appalachian Power
Company, 40 Franklin Road, Roanoke, VA 24011; Telephone<PHONE_NUMBER>.
    i. FERC Contact: Brandi Sangunett,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, comments,
recommendations, preliminary terms and conditions, and preliminary
prescriptions: 60 days from the issuance date of this notice; reply
comments are due 105 days from the issuance date of this notice.
    Motions to intervene, protests, comments, recommendations,
preliminary terms and conditions, and preliminary fishway prescriptions
may

be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person 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. This application has been accepted for filing and is now ready
for environmental analysis.
    l. The existing project works consists of the following:
    The London-Marmet Project consists of two developments. The
existing London Development utilizes the head created by the Army Corps
of Engineers' (Corps) 26-foot-high London Dam located at river mile
(RM) 82.8 on the Kanawha River and consists of: (1) A forebay area
protected by a log boom; (2) screened intake structures; (3) a concrete
powerhouse containing three turbine-generator units with a total
installed capacity of 14.4 megawatts (MW); (4) a tailrace 420 feet
long; (5) two 0.38-mile-long, 46-kilovolt (kV) transmission lines; and
(6) other appurtenances. The development generates about 84,048
megawatt-hours (MWh) annually.
    The existing Marmet Development utilizes the head created by the
Corps' 34-foot-high Marmet Dam located at RM 67.7 on the Kanawha River
and consists of: (1) A forebay area protected by a log boom; (2)
screened intake structures; (3) a concrete powerhouse containing three
turbine-generator units with a total installed capacity of 14.4 MW; (4)
a tailrace 450 feet long (5) one 0.82-mile-long, 46-kV transmission
line and one 0.98-mile-long, 46-kV transmission line; and (6) other
appurtenances. The development generates about 82,302 MWh annually. The
London/Marmet Project has a total installed capacity of 28.8 MW and
generates about 166,350 MWh annually
    The existing Winfield Project utilizes the head created by the
Corps' 38-foot-high Winfield Dam located at RM 31.1 on the Kanawha
River and consists of: (1) A forebay area protected by a 410-foot-long
log boom; (2) screened intake structures; (3) a concrete powerhouse
containing three turbine-generator units with a total installed
capacity of 14.76 MW; (4) a tailrace 410 feet long; and (5) other
appurtenances. The project generates about 114,090 MWh annually.
    The above hydroelectric facilities' operation is synchronized with
the operation of the Corps' locks at each dam. The developments at each
of the two projects operate within allowable pool elevation limits as
established by the Corps. The London pool elevation is allowed to
fluctuate between 611.0 feet and 614.0 feet National Geodetic Vertical
Datum 1929 (NGVD). The Marmet pool elevation is allowed to fluctuate
between 589.7 feet and 590.0 feet NGVD. The Winfield pool elevation is
allowed to fluctuate between 565.8 feet and 566.0 feet NGVD. All three
pools can be drawn down at a maximum rate of 0.5 feet per hour. When
stream flow exceeds the maximum turbine discharge, the responsibility
for control of the pool elevations passes to the Corps' personnel and
the projects operate in run-of-release mode. Appalachian is proposing
to modify the maximum pool elevation limit at the London Development
from 614.0 feet to 613.7 feet NGVD.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    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, contact FERC
Online Support.
    n. 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, and .214. 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.
    All filings must (1) Bear in all capital letters the title
``PROTEST'', ``MOTION TO INTERVENE'', ``COMMENTS,'' ``REPLY COMMENTS,''
``RECOMMENDATIONS,'' ``PRELIMINARY TERMS AND CONDITIONS,'' or
``PRELIMINARY FISHWAY PRESCRIPTIONS;'' (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 protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. A copy of any protest or
motion to intervene must be served upon each representative of the
applicant specified in the particular application. A copy of all other
filings in reference to this application 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 4.34(b) and
385.2010.
    o. Procedural Schedule:
    The application will be processed according to the following
revised Hydro Licensing Schedule. Revisions to the schedule may be made
as appropriate.

------------------------------------------------------------------------
              Milestone                           Target date
------------------------------------------------------------------------
Notice of Ready for Environmental     June 8, 2012.
 Analysis.
Filing of recommendations,            August 7, 2012.
 preliminary terms and conditions,
 and fishway prescriptions.
Commission issues Non-Draft EA......  October 21, 2012.

Comments on EA......................  November 20, 2012.
Modified terms and conditions.......  January 19, 2013.
------------------------------------------------------------------------

    p. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.
    q. A license applicant must file no later than 60 days following
the date of issuance of the notice of acceptance and ready for
environmental analysis provided for in Sec.  5.22: (1) A copy of the
water quality certification; (2) a copy of the request for
certification, including proof of the date on which the certifying
agency received the request; or (3) evidence of waiver of water quality
certification.

     Dated: June 8, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-14616 Filed 6-14-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 25, 2010 (Volume 75, Number 100)]
[Notices]
[Page 29336]
[DOCID:fr25my10-52]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 2403-056; 2721-020; 2312-019]

Penobscot River Restoration Trust; Notice of Availability of
Final Environmental Assessment

May 18, 2010.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's regulations, 18 CFR part
380 (Order No. 486,52 FR 47879) the Office of Energy Projects has
prepared an Final Environmental Assessment (FEA) for an application
filed by the Penobscot River Restoration Trust (licensee) on November
7, 2008, requesting Commission approval to surrender the project
licenses for the Veazie, Great Works, and Howland Hydroelectric
Projects, located on the Penobscot and Piscataquis Rivers in Penobscot
County, Maine. The licensee proposes to surrender the project licenses
and remove the Veazie and Great Works Dams, and construct a nature-like
fish bypass around the Howland Dam. Surrender of the projects' licenses
is a component of the Lower Penobscot River Basin Comprehensive
Settlement Agreement.
    The FEA evaluates the environmental impacts that would result from
approving the licensee's proposed surrenders. The FEA finds that
approval of the application would not constitute a major Federal action
significantly affecting the quality of the human environment. A copy of
the FEA is on file with the Commission and is available for public
inspection. The FEA may also be viewed on the Commission's Web site at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number (P-2403, P-2312, or P-2721) excluding the last three digits in
the docket number field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3372, or for TTY,<PHONE_NUMBER>.
    For further information, contact Christopher Yeakel at (202) 502-
8132.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-12500 Filed 5-24-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
[Rules and Regulations]
[Pages 7498-7499]
[FR Doc No: 2021-01763]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31350; Amdt. No. 3939]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPS) and associated Takeoff Minimums
and Obstacle Departure procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective January 29, 2021. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of January 29, 2021.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30. 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg 29, Room 104, Oklahoma
City, OK 73169. Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends 14 CFR part 97 by
establishing, amending, suspending, or removes SIAPS, Takeoff Minimums
and/or ODPS. The complete regulatory description of each SIAP and its
associated Takeoff Minimums or ODP for an identified airport is listed
on FAA form documents which are incorporated by reference in this
amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20.
The applicable FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, 8260-15B,
when required by an entry on 8260-15A, and 8260-15C.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers or
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the typed of SIAPS, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPs as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flights safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the

conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C. 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Lists of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (Air).

    Issued in Washington, DC, on January 8, 2021.
Wade Terrell,
Aviation Safety Manager, Flight Procedures & Airspace Group, Flight
Technologies and Procedures Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CRF part 97) is amended by
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114,
40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 25 February 2021

Los Angeles, CA, KLAX, ILS OR LOC RWY 25L, ILS RWY 25L (CAT II), ILS
RWY 25L (CAT III), Amdt 14B
Los Angeles, CA, KLAX, RNAV (GPS) Y RWY 25L, Amdt 4B
Los Angeles, CA, KLAX, RNAV (RNP) Z RWY 25L, Amdt 2B
Hilo, HI, Hilo Intl, ILS OR LOC RWY 26, Amdt 14
Hilo, HI, Hilo Intl, RNAV (GPS) RWY 26, Amdt 2
Goodland, KS, KGLD, RNAV (GPS) RWY 12, Amdt 2B
Goodland, KS, KGLD, RNAV (GPS) RWY 30, Amdt 1D
Marksville, LA, Marksville Muni, RNAV (GPS) RWY 4, Orig-B
Marksville, LA, Marksville Muni, VOR-A, Amdt 4A
Bedford, MA, KBED, RNAV (GPS) RWY 23, Amdt 1
Bedford, MA, KBED, RNAV (GPS) Z RWY 11, Amdt 2
Bedford, MA, KBED, RNAV (RNP) Y RWY 11, Amdt 1
Bedford, MA, KBED, RNAV (RNP) Y RWY 29, Amdt 1
Lawrence, MA, KLWM, RNAV (GPS) RWY 23, Amdt 2
Vermillion, SD, KVMR, RNAV (GPS) RWY 30, Amdt 2B
Dublin, VA, KPSK, ILS OR LOC Y RWY 6, Orig-B
Dublin, VA, KPSK, ILS OR LOC Z RWY 6, Amdt 5B

[FR Doc. 2021-01763 Filed 1-28-21; 8:45 am]
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[Federal Register Volume 76, Number 147 (Monday, August 1, 2011)]
[Notices]
[Pages 45789-45790]
[FR Doc No: 2011-19352]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG11-109-000.
    Applicants: Double ``C'' Limited.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator for Double ``C'' Limited.
    Filed Date: 07/25/2011.
    Accession Number: 20110725-5065.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: EG11-110-000.
    Applicants: High Sierra Limited.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator for High Sierra Limited.
    Filed Date: 07/25/2011.
    Accession Number: 20110725-5067.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: EG11-111-000.
    Applicants: Kern Front Limited.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator for Kern Front Limited.
    Filed Date: 07/25/2011.
    Accession Number: 20110725-5068.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: EG11-112-000.
    Applicants: Cogentrix of Alamosa, LLC.
    Description: Cogentrix of Alamosa, LLC, Notice of Self-
certification of Exempt Wholesale Generator.
    Filed Date: 07/25/2011.
    Accession Number: 20110725-5070.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: EG11-113-000.
    Applicants: Hudson Ranch Power I LLC.
    Description: Self-Certification Notice of Exempt Wholesale
Generator of Hudson Ranch Power I LLC.
    Filed Date: 07/25/2011.
    Accession Number: 20110725-5116.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER11-3551-002.
    Applicants: Glacial Energy of New York.
    Description: Glacial Energy of New York submits tariff filing per
35.17(b): Deficiency NY to be effective 7/25/2011.
    Filed Date: 07/25/2011.
    Accession Number: 20110725-5104.
    Comment Date: 5 p.m. Eastern Time on Monday, August 08, 2011.

    Docket Numbers: ER11-3554-002.
    Applicants: Glacial Energy of California, Inc.
    Description: Glacial Energy of California, Inc. submits tariff
filing per 35.17(b): Deficiency Filing-CA to be effective 7/25/2011.
    Filed Date: 07/25/2011.
    Accession Number: 20110725-5109.
    Comment Date: 5 p.m. Eastern Time on Monday, August 08, 2011.

    Docket Numbers: ER11-4065-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.17(b): Errata to PJM No. V4-054; Service Agreement No. 2967--Docket
No. ER11-4065-000 to be effective 6/17/2011.
    Filed Date: 07/25/2011.
    Accession Number: 20110725-5049.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: ER11-4107-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii: Queue No. W4-058; Original Service Agreement No. 2973
to be effective 6/24/2011.
    Filed Date: 07/25/2011.
    Accession Number: 20110725-5048.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: ER11-4108-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.13(a)(2)(iii: LGIA Alta Visa SunTower Generating Station
Project NRG Solar to be effective 7/26/2011.
    Filed Date: 07/25/2011.
    Accession Number: 20110725-5069.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: ER11-4109-000.
    Applicants: Florida Power Corporation.
    Description: Florida Power Corporation submits tariff filing per
35.13(a)(2)(iii: Revised Service Agreement No. 143 under Florida Power
Corp. OATT to be effective 5/18/2011.
    Filed Date: 07/25/2011.
    Accession Number: 20110725-5071.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: ER11-4110-000.
    Applicants: Northern States Power Company, a Minnesota corporation,
Northern States Power Company, a Wisconsin corporation, Midwest
Independent Transmission System Operator, Inc.
    Description: Northern States Power Company, a Minnesota corporation
submits tariff filing per 35.13(a)(2)(iii: 07-25-11--NSP Attachment GG
to be effective 8/1/2011.
    Filed Date: 07/25/2011.
    Accession Number: 20110725-5079.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or

protest must serve a copy of that document on the Applicant. In
reference to filings initiating a new proceeding, interventions or
protests submitted on or before the comment deadline need not be served
on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 25, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-19352 Filed 7-29-11; 8:45 am]
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