Date: October 29, 2014

Meeting:  Teleconference  -  "Notice of Data Availability"

Rule(s) Discussed: Clean Power Plan Proposal -- Docket number EPA-HQ-OAR-2013-0602

Attendee List:  Attached.  Presenters  -  Kevin Culligan and Reid Harvey

Written Materials? Yes/No  -  Summary attached

Summary of Relevant, Factual Information Received:
EPA offered a stakeholder call about the Notice of Data Availability associated with Clean Power Plan proposal.


From: "West Martha"<EMAIL_ADDRESS>Sent: 08/13/2008 12:08 PM
To: Jeff Telander/RTP/USEPA/US@EPA
Cc:
Subject: General Shale Brick, Inc.  -  ICR for Brick and Structural Clay Products

(Embedded image moved to file: pic10866.gif)

Dear Mr. Telander,

      Attached is the completed survey form for the ICR pertaining to the brick and structural clay products facility information.  Since some information on FORM F is confidential business information, I have included that page with the CD submittal only. The CBI portion is highlighted in red as you suggested.

      In this submittal, I have included some demolished kilns and closed facilities in my form B to assist EPA with updating their existing database.

      For my Form E, I completed one form for each "representative" facility. If there were exceptions that made some facilities fall outside the norm, I completed a site-specific Form E for those.

      Stack test report copies have been shipped separately. If you have any questions, please let me know.

Thank You,

Martha West

Martha West
Environmental Engineer, REM

General Shale Brick, Inc.
P.O. Box 3547
Johnson City, TN  37602

Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>

(See attached file: Brick ICR- GENERAL SHALE BRICK - Final.xls)


[Federal Register Volume 81, Number 82 (Thursday, April 28, 2016)]
[Proposed Rules]
[Pages 25366-25368]
[FR Doc No: 2016-09911]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 240 and 242

Federal Motor Carrier Safety Administration

49 CFR Part 391

[Docket Numbers FMCSA-2015-0419 and FRA-2015-0111, Notice No. 2]

Evaluation of Safety Sensitive Personnel for Moderate-to-Severe
Obstructive Sleep Apnea; Public Listening Sessions

AGENCIES: Federal Motor Carrier Safety Administration (FMCSA) and
Federal Railroad Administration (FRA), Department of Transportation
(DOT).

ACTION: Notice of public listening sessions.

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

SUMMARY: FMCSA and FRA announce three public listening sessions on May
12, 17, and 25, 2016, to solicit information on the prevalence of
moderate-to-severe obstructive sleep apnea (OSA) among individuals
occupying safety sensitive positions in highway and rail
transportation, and of its potential consequences for the safety of
rail and highway transportation. FMCSA and FRA (collectively ``the
Agencies'') also request information on potential costs and benefits
from possible regulatory actions that address the safety risks
associated with motor carrier and rail transportation workers in safety
sensitive positions who have OSA. The listening sessions will provide
interested parties an opportunity to share their views and any data or
analysis on this topic with representatives of both Agencies. The
Agencies will transcribe all comments and place the transcripts in the
dockets referenced above for the Agencies' consideration. The Agencies
will webcast the entire proceedings of all three meetings.

DATES: The listening sessions will be held on:
     Thursday, May 12, 2016, in Washington, DC;
     Tuesday, May 17, in, Chicago, IL; and
     Wednesday, May 25, in Los Angeles, CA.
    All sessions will run from 10 a.m. to noon and 1:30 p.m. to 3:30
p.m., local time. If all interested parties have the opportunity to
comment, the sessions may conclude early.

ADDRESSES: The May 12, 2016, listening session will be held at the
National Association of Home Builders, 1201 15th Street NW.,
Washington, DC 20005. The May 17, 2016, session will be held at the
Marriott Courtyard Chicago Downtown/River North, 30 E. Hubbard Street,
Chicago, IL 60611. The final session will be held on May 25, 2016, at
the Westin Bonaventure Hotel and Suites, 404 S. Figueroa Street, Los
Angeles, CA 90071. In addition to attending the sessions in person, the
Agencies offer several ways to provide comments, as described below.
    Internet Address for Live Webcast. The Agencies will post specific
information on how to participate via the Internet on the Agencies' Web
sites at www.fmcsa.dot.gov/calendar and www.fra.dot.gov/ in advance of
the listening session. This Notice provides more information on the
listening sessions below in Section II., Meeting Participation and
Information the Agencies Seek from the Public.
    Written comments. You may submit comments identified by Docket
Numbers FMCSA-2015-0419 and FRA-2015-0111 using any of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments;
     Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue SE., West
Building, Ground Floor, Washington, DC 20590-0001;
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays; and
     Fax:<PHONE_NUMBER>.
    See the SUPPLEMENTARY INFORMATION section below for more details on
how to submit written comments.

FOR FURTHER INFORMATION CONTACT: For information about the listening
sessions: Ms. Shannon L. Watson, Senior Policy Advisor, FMCSA, 1200 New
Jersey Avenue SE., Washington, DC 20590, by telephone at<PHONE_NUMBER>,
or by email at<EMAIL_ADDRESS>    If you need sign language interpretation or any other accessibility
accommodation, please contact Ms. Watson at least one week in advance
of each session to allow us to arrange for such services. The Agencies
cannot guarantee that interpreter services requested on short notice
will be provided.
    For other information on Obstructive Sleep Apnea:
    FMCSA: Ms. Angela Wongus, Medical Programs Division, FMCSA, 1200
New Jersey Ave. SE., Washington, DC 20590, by telephone at 202-366-
3109, or by email at<EMAIL_ADDRESS>    FRA: Dr. Bernard Arseneau, Medical Director, Assurance and
Compliance, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590, by
telephone at<PHONE_NUMBER>, or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Submitting Comments

    If you submit a comment, please include the docket numbers for this
notice (FMCSA-2015-0419 and FRA-2015-0111), indicate the specific
section of this document to which each comment applies, and provide a
reason for each suggestion or recommendation. You may submit your
comments and material online or by fax, mail, or hand delivery, but
please use only one of these means. The Agencies recommend that you
include your name and a mailing address, an email address, or a phone
number in the body of your document so the Agencies can contact you if
there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
enter the docket numbers, FMCSA-2015-0419 and FRA-2015-0111, in the
keyword box, and click ``Search.'' When the new screen appears, click
on the ``Comment Now!'' button and type your comment into the text box
on the following screen. Choose whether you are submitting your comment
as an individual or on behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and

electronic filing. If you submit comments by mail and would like to
know that they reached the facility, please enclose a stamped, self-
addressed postcard or envelope.
    The Agencies published the ANPRM on March 10, 2016 (81 FR 12642).
The Agencies will consider all comments and material received before
the end of the comment period on June 8, 2016, and may draft a notice
of proposed rulemaking based on your comments and other information and
analysis.

Viewing Comments and Documents

    To view comments and any documents this preamble references as
available in the docket, go to http://www.regulations.gov. Insert the
docket number, FMCSA-2015-0419 and FRA-2015-0111, in the keyword box,
and click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not have access to the
Internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., E.T., Monday through Friday, except Federal holidays.

Privacy Act

    Under 5 U.S.C. 553(c), DOT solicits comments from the public to
better inform its potential rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which you can review at
www.transportation.gov/privacy.

I. Background

Advance Notice of Proposed Rulemaking

    On March 10, 2016, the Agencies published an advance notice of
proposed rulemaking (ANPRM) requesting data and information regarding
the prevalence of moderate-to-severe OSA among individuals occupying
safety sensitive positions in highway and rail transportation, and on
its potential consequences for the safety of rail and highway
transportation. 81 FR 12642. The Agencies also requested information on
potential costs and benefits from regulatory actions that address the
safety risks associated with motor carrier and rail transportation
workers in safety sensitive positions who have OSA. Id. The purpose of
these listening sessions is to receive oral comments in response to the
ANPRM.

Legal Basis

Federal Motor Carrier Safety Administration
    FMCSA has authority under 49 U.S.C. 31136(a) and 31502(b)--
delegated to the Agency by 49 CFR 1.87(f) and (i), respectively--to
establish minimum qualifications, including medical and physical
qualifications, for commercial motor vehicle (CMV) drivers operating in
interstate commerce. Section 31136(a)(3) requires that FMCSA's safety
regulations ensure that the physical conditions of CMV drivers enable
them to operate their vehicles safely, and that medical examiners (MEs)
trained in physical and medical examination standards perform the
physical examinations required of such operators.
    In 2005, Congress authorized FMCSA to establish a Medical Review
Board (MRB) composed of experts ``in a variety of medical specialties
relevant to the driver fitness requirements'' to provide advice and
recommendations on qualification standards. 49 U.S.C. 31149(a). The
position of FMCSA Chief Medical Examiner was authorized at the same
time. 49 U.S.C. 31149(b). Under section 31149(c)(1), FMCSA, with the
advice of the MRB and Chief Medical Examiner, is directed to
``establish, review and revise . . . medical standards for operators of
commercial motor vehicles that will ensure that the physical condition
of operators of commercial motor vehicles is adequate to enable them to
operate the vehicles safely.'' FMCSA, in conjunction with the Chief
Medical Examiner, asked the MRB to review and report specifically on
OSA.
Federal Railroad Administration
    Under 49 U.S.C. 20103, the Secretary of Transportation (Secretary)
has broad authority to issue regulations governing every area of
railroad safety. The Secretary has delegated rulemaking responsibility
under section 20103 to the Administrator of FRA. 49 CFR 1.89(a).
Moreover, FRA has exercised this safety authority to require other
medical testing. FRA regulations require locomotive engineers (49 CFR
240.121) and conductors (49 CFR 242.117) to undergo vision and hearing
testing as part of their qualification and certification at least every
3 years. There are individual medical circumstances that may lead a
railroad to require some engineers or conductors to undergo more
frequent testing. In addition, Congress has authorized the Secretary to
consider requiring certification of the following other crafts and
classes of employees: (1) Car repair and maintenance employees; (2)
onboard service workers; (3) rail welders; (4) dispatchers; (5) signal
repair and maintenance employees; and (6) any other craft or class of
employees that the Secretary determines appropriate. Therefore, the
Secretary, and the FRA Administrator by delegation, have statutory
authority to issue regulations to address the safety risks posed by
employees in safety sensitive positions with OSA.

What is obstructive sleep apnea?

    OSA is a respiratory disorder characterized by a reduction or
cessation of breathing during sleep. OSA is characterized by repeated
episodes of upper airway collapse in the region of the upper throat
(pharynx) that results in intermittent periods of partial airflow
obstruction (hypopneas), complete airflow obstruction (apneas), and
respiratory effort-related arousals from sleep (RERAs) in which
affected individuals awaken partially and may experience gasping and
choking as they struggle to breathe. Risk factors for developing OSA
include: Obesity; male gender; advancing age; family history of OSA;
large neck size; and an anatomically small oropharynx (throat). OSA is
associated as well with increased risk for other adverse health
conditions such as: Hypertension (high blood pressure); diabetes;
obesity; cardiac dysrhythmias (irregular heartbeat); myocardial
infarction (heart attack); stroke; and sudden cardiac death.
    Individuals who have undiagnosed OSA are often unaware they have
experienced periods of sleep interrupted by breathing difficulties
(apneas, hypopneas, or RERAs) when they wake. As a result, the
condition is often unrecognized by affected individuals and
underdiagnosed by medical professionals.

What are the safety risks in transportation?

    For individuals with OSA, eight hours of sleep can be less restful
or refreshing than four hours of ordinary, uninterrupted sleep.\1\
Undiagnosed or inadequately treated moderate to severe OSA can cause
unintended sleep episodes and resulting deficits in attention,
concentration, situational awareness, and memory, thus reducing the
capacity to safely respond to hazards when performing safety sensitive
duties.

Therefore, OSA is a critical safety issue that can affect operations in
all modes of travel in the transportation industry.
---------------------------------------------------------------------------

    \1\ Gay, P., Weaver, T., Loube, D., Iber, C. (2006). Evaluation
of positive airway pressure treatment for sleep related breathing
disorders in adults. Positive Airway Pressure Task Force; Standards
of Practice Committee; American Academy of Sleep Medicine. Sleep
29:381-401.
---------------------------------------------------------------------------

II. Meeting Participation and Information the Agencies Seek From the
Public

    Each listening session is open to the public. Speakers should try
to limit their remarks to 3-5 minutes. No preregistration is required.
Attendees may submit material to the Agencies' staff at the session to
include in the pubic dockets referenced in this notice.
    Those participating in the webcast will have the opportunity to
submit comments online that will be read aloud at the sessions with
comments made in the meeting rooms. The Agencies will docket the
transcripts of the webcast, a separate transcription of each listening
session prepared by an official court reporter, and all other materials
submitted to the Agencies' personnel.
    The Agencies continue to request public comment on the questions
below. In your response, please provide supporting materials and
identify your interest in this rulemaking, whether in the
transportation industry, medical profession, or other.

The Problem of OSA

    1. What is the prevalence of moderate-to-severe OSA among the
general adult U.S. population? How does this prevalence vary by age?
    2. What is prevalence of moderate-to-severe OSA among individuals
occupying safety sensitive transportation positions? If it differs from
that among the general population, why does it appear to do so? If no
existing estimates exist, what methods and information sources can the
Agencies use to reliably estimate this prevalence?
    3. Is there information (studies, data, etc.) available for
estimating the future consequences resulting from individuals with OSA
occupying safety sensitive transportation positions in the absence of
new restrictions? For example, does any organization track the number
of historical motor carrier or train accidents caused by OSA? With
respect to rail, how would any OSA regulations and the current positive
train control system requirements interrelate?
    4. Which categories of transportation workers with safety sensitive
duties should be required to undergo screening for OSA? On what basis
did you identify those workers?

Costs and Benefits

    5. What alternative forms and degrees of restriction could FMCSA
and FRA place on the performance of safety-sensitive duties by
transportation workers with moderate-to-severe OSA, and how effective
would these restrictions be in improving transportation safety? Should
any regulations differentiate requirements for patients with moderate,
as opposed to severe, OSA?
    6. What are the potential costs of alternative FMCSA/FRA regulatory
actions that would restrict the safety sensitive activities of
transportation workers diagnosed with moderate-to-severe OSA? Who would
incur those costs? What are the benefits of such actions and who would
realize them?
    7. What are the potential improved health outcomes for individuals
occupying safety sensitive transportation positions who would receive
OSA treatment due to regulations?
    8. What models or empirical evidence is available to use to
estimate potential costs and benefits of alternative restrictions?
    9. What costs would be imposed on transportation workers with
safety sensitive duties by requiring screening, evaluation, and
treatment of OSA?
    10. Are there any private or governmental sources of financial
assistance? Would health insurance cover costs for screening and/or
treatment of OSA?

Screening Procedures and Diagnostics

    11. What medical guidelines, other than those the American Academy
of Sleep Medicine guidance the Federal Aviation Administration
currently uses, are suitable for screening transportation workers with
safety sensitive duties that are regulated by FMCSA/FRA for OSA? What
level of effectiveness are you seeing with these guidelines?
    12. What were the safety performance histories of transportation
workers with safety sensitive duties who were diagnosed with moderate-
to-severe OSA, who are now successfully compliant with treatment before
and after their diagnosis?
    13. When and how frequently should transportation workers with
safety sensitive duties be screened for OSA? What methods (laboratory,
at-home, split, etc.) of diagnosing OSA are appropriate and why?
    14. What, if any, restrictions or prohibitions should there be on
transportation workers' safety sensitive duties while they are being
evaluated for moderate-to-severe OSA?
    15. What methods are currently employed for providing training or
other informational materials about OSA to transportation workers with
safety sensitive duties? How effective are these methods at identifying
workers with OSA?

Medical Personnel Qualifications and Restrictions

    16. What qualifications or credentials are necessary for a medical
practitioner who performs OSA screening? What qualifications or
credentials are necessary for a medical practitioner who performs the
diagnosis and treatment of OSA?
    17. With respect to FRA, should it use Railroad MEs to perform OSA
screening, diagnosis, and treatment?
    18. Should MEs or Agencies' other designated medical practitioners
impose restrictions on a transportation worker with safety sensitive
duties who self-reports experiencing excessive sleepiness while
performing safety sensitive duties?

Treatment Effectiveness

    19. What should be the acceptable criteria for evaluating the
effectiveness of prescribed treatments for moderate-to-severe OSA?
    20. What measures should be used to evaluate whether transportation
employees with safety sensitive duties are receiving effective OSA
treatment?

    Issued on: April 22, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-09911 Filed 4-27-16; 8:45 am]
BILLING CODE 4910-EX-P


 1 Technical Support Document for the Clean Air Interstate Rule Notice of Final Rulemaking Changes from the Proposed Model Trading Rules to the Final Model Trading Rules March 2005 Prepared by Office of Air and Radiation U. S. Environmental Protection Agency EPA Docket: OAR 2003 0053 2 Changes from the Proposed Model Trading Rules to the Final Model Trading Rules The proposed and final CAIR model trading rules are modeled after, and are largely the same as, the NO X SIP Call model trading rule. The final model trading rules ( in subparts AA through II and AAA through III of part 96) include some relatively minor changes to the regulatory text that improve the implementability of the rules or clarify aspects of the rules identified by the EPA or commenters. ( Note that sections VIII. B through VIII. H of the preamble to today's action highlight the more significant modifications included in the final model trading rules.)

For example, language is revised in the CAIR SO 2 model trading rule in order to implement the retirement ratio ( 2.00) used for allowances allocated for 2010 through 2014 and the retirement ratio ( 2.86) used for allowances allocated for 2015 and later by establishing tonnage equivalents for each individual allowance ( i. e., 0.50 tons for each 2010 through 2014 allowance and 0.35 tons for each 2015 or later allowance) and to clarify that fractional tons of excess emissions are rounded up to the next whole allowance for purposes of applying excess emissions penalties. Further, the SO 2 model trading rule language is also revised to clarify the compliance deduction process for units also subject to title IV of the Clean Air Act, as a two stage process involving first the deduction of allowances for compliance with the title IV allowance holding requirement and then deduction of allowances for compliance with the CAIR allowance holding requirement.

Another example of where the final model trading rules incorporate relatively minor changes from the proposed model trading rules involves the provisions in the standard requirements concerning liability under the trading programs. The proposed CAIR model NO X and SO 2 trading rules included, under the standard requirements in § § 96.106( f)( 1) and ( 2) and 96.206( f)( 1) and ( 2), provisions stating that any person who knowingly violates the CAIR NO X or SO 2 trading programs or knowingly makes a false material statement under the trading programs will be subject to enforcement action under applicable State or Federal law. Similar provisions are included in § 96.6( f)( 1) and ( 2) of the final NO X SIP Call model trading rule. The final CAIR model NO X and SO 2 trading rules exclude these provisions for the following reasons. First, the proposed rule provisions are unnecessary because, even in their absence, applicable State or Federal law authorizes enforcement actions and penalties in the case of knowing violations or knowing submission of false statements. Moreover, these proposed rule provisions are incomplete. They do not purport to cover, and have no impact on, liability for violations that are not knowingly committed or false submissions that are not knowingly made. Applicable State and Federal law already authorizes enforcement actions and penalties, under appropriate circumstances, for non knowing violations or false submissions. Because the proposed rule provisions are unnecessary and incomplete, the final CAIR model NO X and SO 2 trading rules do not include these provisions. However, EPA emphasizes that, on their face, the provisions that were proposed, but eliminated in the final rules, in no way limit liability, or the ability of the State or EPA to take enforcement action, to only knowing violations or knowing false submissions. 3 By further example of a relatively minor change in the final model trading rules, the standard requirements ( in § § 96.106 and 96.206) concerning excess emissions are revised in the final rules by moving provisions concerning each ton of excess emissions and each day in the control period when excess emissions occur from other sections ( e. g., the compliance deduction sections, § § 96.154 and 96.254) of the proposed model trading rules to the excess emissions standard requirements provisions in the final model trading rules.

Other, relatively minor changes reflected in the regulatory text of the final model trading rules include:

1. Units and sources are identified separately for the NO X and SO 2 trading programs ( e. g., CAIR NO X units, CAIR NO X Ozone Season units, and CAIR SO 2 units) since States can participate in one, two, or three trading programs.

2. The definitions of " commence commercial operation", " commence operation", " maximum design heat input", and " nameplate capacity" are clarified in order to address circumstances when there are physical changes to a unit. The basis approach  B that once a unit meets at any time the basic criteria for inclusion in the trading programs, the unit remains subject to the trading program regardless of any subsequent changes to the unit or its operation  to applicability in the proposed model trading rules is maintained.

3. The definitions of most stringent State or Federal emissions limitations and of " repowering" are added for clarification. The former definition is based on the definition in the NO X SIP Call model rule, and the latter definition is based on the definition in title IV of the Clean Air Act. The definition of " gross electrical output" is also added for clarification.

4. The definitions of " CAIR designated representative" are expanded to make it clear that the same individual must be the designated representative for the Acid Rain, CAIR NO X Annual, CAIR NO X Ozone Season, and CAIR SO 2 programs. The same is true for the alternate CAIR designated representative.

5. The purpose sections of the rules ( § § 96.101 and 96.201) are expanded to clarify that owners or operators of units or sources are subject to the rules only if the State with jurisdiction over the units or sources adopts, and the Administrator approves the State's adoption of, the requirements of the rules. The purpose sections also clarify that, in adopting the rules, a State is authorizing the Administrator to assist the State by carrying out the Administrator functions set forth in the rules. The revised language is similar to language in the purpose section of the NO X SIP Call model trading rule.

6. The applicability provisions for cogeneration units are revised to make it clear that once a unit fails at any time to qualify for a cogeneration unit exemption and becomes subject to the trading programs, the unit cannot subsequently become exempt from the trading programs. 4 7. Provisions allowing opt in units in the trading programs are added, based on similar provisions in the NO X SIP Call model trading rule, and other provisions of the model trading rules are revised to take account of opt in units. For example, the retired unit exemption provisions are clarified to indicate that an opt in unit cannot qualify for a retired unit exemption.

8. The permit provisions are expanded to incorporate requirements for opt in units. An optin unit generally needs to have a federally enforceable permit  B under title V of the Clean Air Act or under some other provision of the Clean Air Act if the unit is not subject to title V B in which to include the opt in requirements that become applicable only after approval of the request to opt in. This is similar to the approach under the NO X SIP Call model trading rule for opt in units.

9. The descriptions of compliance and general accounts in the allowance tracking systems under § § 96.150 and 96.250 are removed as duplicative of other provisions in the model trading rules.

10. The first in, first out default allowance deduction provisions for SO 2 compliance in § 96.254 are clarified to address the different vintages, and associated tonnage equivalents, of CAIR SO 2 allowances.

11. The language on closing of general accounts is clarified.

12. Process of recording CAIR SO 2 allowance allocations and transfers on rolling 30 year periods is added to make it consistent with Acid Rain regulations. A related provision concerning EPA recordation of CAIR SO 2 allowance transfer is clarified to provide for a period longer than 5 days for the Administrator to record a transfer of allowances in perpetuity.

13. The monitoring and reporting provisions under subparts HH and HHH are clarified regarding opt in units and units for which a CAIR opt in permit application has been submitted and is still being processed. Monitoring compliance deadlines are set for such units. Further, because units other than boilers and turbines ( i. e., other stationary, fossilfuel fired combustion devices), for which part 75 monitoring was developed, can opt in, the monitoring of these units may raise new or difficult issues. Consequently, the final rules provide that review of monitoring plans for opt in units or units requesting to opt in, and audit decertification of monitoring systems for such units, can be conducted by either the permitting authority or the Administrator.

14. The exemption from the initial monitoring system certification procedures are clarified.

15. The timing requirements for CAIR NO X allowance allocations are clarified to apply to allocations from the new unit set aside ( as well as allocation for units with baseline heat input values) and to provide that if a permitting authority fails to submit the allocations to 5 the Administrator, the Administrator will generally assume that each unit's allocation is the same as in the immediately preceding control period, taking into account the greater emission reductions required starting in 2015 and the need to avoid double allocations to a unit ( i. e., from both the allowance pools for units with baseline heat input values and for new units). The timing for the recordation of such allocations are clarified.

16. Compliance supplement pool provisions are added for the CAIR NO X Annual Trading Program based on similar provisions in § 51.121( e)( 4) for the NO X SIP Call.

17. The provision under § 96.175 regarding review and approval of petitions for CAIR NO X units for alternatives to monitoring requirements is clarified to be consistent with the approach in the NO X SIP Call model trading rule.

The CAIR NO X Ozone Season Trading Program is added and is analogous to the CAIR NO X Annual Trading Program. The various deadlines in the ozone season program for owners and operators, for permitting authorities, and for the Administrator reflect the fact that the program applies to the ozone season and not to the entire year. As in the NO X SIP Call model trading rule, emissions may be monitored and reported on an annual or a control period basis.


[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Notices]
[Pages 10108-10109]
[FR Doc No: 2023-03306]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-486-000]

Texas Eastern Transmission, LP; Notice of Availability of the
Environmental Assessment for the Proposed Appalachia to Market II and
Entriken Replacement Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) for the
Appalachia to Market II and Entriken HP Replacement Project (Project)
proposed by Texas Eastern Transmission, LP (Texas Eastern) in the
above-referenced docket. Texas Eastern proposes to construct, operate,
and maintain the Line 28 Loop, consisting of 2 miles of 36-inch-
diameter looping \1\ pipeline; a new receiver, valve, and crossover
site; a 27,000 horsepower (hp) electric motor driven (EMD) compressor
unit and associated buildings and piping at the Armagh Compressor
Station; construct a 24,000 hp EMD compressor unit and associated
buildings and piping at the Entriken Compressor Station. The Project
would be located in Huntington, Indiana and Lebanon counties,
Pennsylvania, and would allow Texas Eastern to provide up to 55,000
Dth/d of firm natural gas transportation service from the Appalachian
supply basin in Southwest Pennsylvania to delivery points in New
Jersey.
---------------------------------------------------------------------------

    \1\ A pipeline loop is a segment of pipe constructed parallel to
an existing pipeline to increase capacity.
---------------------------------------------------------------------------

    The EA assesses the potential environmental effects of the
construction and operation of the Project in accordance with the
requirements of the National Environmental Policy Act. With the
exception of climate change impacts, FERC staff concludes that approval
of the proposed project, with the mitigation measures recommended in
the EA, would not result in significant environmental impacts. Climate
change impacts are not characterized in the EA as significant or
insignificant because the Commission is conducting a generic proceeding
to determine whether and how the Commission will conduct significant
determinations going forward.\2\ The EA also concludes that no system,
route, or other alternative would meet the Project objective while
providing a significant environmental advantage over the Project as
proposed.
---------------------------------------------------------------------------

    \2\ Consideration of Greenhouse Gas Emissions in Natural Gas
Infrastructure Project Reviews, 178 FERC ] 61,108 (2022); 178 FERC ]
61,197 (2022).
---------------------------------------------------------------------------

    The Commission mailed a copy of the Notice of Availability of the
Environmental Assessment for the Appalachia to Market II and Entriken
HP Replacement Project to Federal, State, and local government
representatives and agencies; elected officials; environmental and
public interest groups; Native American tribes; potentially affected
landowners and other interested individuals and groups; and newspapers
and libraries in the Project area. The EA is only available in
electronic format. It may be viewed and downloaded from the FERC's
website (www.ferc.gov), on the natural gas environmental documents page
(https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). In addition, the EA may be accessed by using
the eLibrary link on the FERC's website. Click on the eLibrary link
(https://elibrary.ferc.gov/eLibrary/search) select ``General Search''
and enter the docket number in the ``Docket Number'' field (i.e., CP22-
486). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
[email protected] or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.
    The EA is not a decision document. It presents Commission staff's
independent analysis of the environmental issues for the Commission to
consider when addressing the merits of all issues in this proceeding.
Any person wishing to comment on the EA may do so. Your comments should
focus on the EA's disclosure and discussion of potential environmental
effects, measures to avoid or lessen environmental impacts and the
completeness of the submitted alternatives, information and analyses.
The more specific your comments, the more useful they would be. To
ensure that the Commission has the opportunity to consider your
comments prior to making its decision on this project, it is important
that we receive your comments in Washington, DC on or before 5:00 p.m.
Eastern Time on March 13, 2023.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or [email protected]. Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's website (www.ferc.gov) under the link to
FERC Online. This is an easy method for submitting brief, text-only
comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's website (www.ferc.gov) under the link to
FERC Online. With eFiling, you can provide comments in a variety of
formats by attaching them as a file with your submission. New eFiling
users must first create an account by clicking on ``eRegister.'' If you
are filing a comment on a particular project, please select

``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the Project docket number (CP22-
486-000) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Filing environmental comments will not give you intervenor status,
but you do not need intervenor status to have your comments considered.
Only intervenors have the right to seek rehearing or judicial review of
the Commission's decision. At this point in this proceeding, the
timeframe for filing timely intervention requests has expired. Any
person seeking to become a party to the proceeding must file a motion
to intervene out-of-time pursuant to Rule 214(b)(3) and (d) of the
Commission's Rules of Practice and Procedures (18 CFR 385.214(b)(3) and
(d)) and show good cause why the time limitation should be waived.
Motions to intervene are more fully described at https://www.ferc.gov/how-intervene.
    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. The eLibrary link
also provides access to the texts of all formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to https://www.ferc.gov/ferc-online/overview to
register for eSubscription.

    Dated: February 10, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-03306 Filed 2-15-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Notices]
[Page 50687]
[FR Doc No: 2014-20162]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4182-DR; Docket ID FEMA-2014-0003]

Minnesota; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Minnesota (FEMA-4182-DR), dated July 21, 2014, and
related determinations.

DATES: Effective Date: July 31, 2014.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Minnesota is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of July 21, 2014.

    Beltrami, Blue Earth, Brown, Carver, Dodge, Faribault,
Koochiching, La Qui Parle, Lake of the Woods, Le Sueur, Marshall,
Martin, McLeod, Nicollet, Redwood, Rice, Roseau, Scott, Sibley,
Steele, Todd, Wadena, Waseca, and Yellow Medicine Counties and the
Red Lake Band of Chippewa and Prairie Island Indian Community Tribes
for Public Assistance.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2014-20162 Filed 8-22-14; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 86, Number 73 (Monday, April 19, 2021)]
[Notices]
[Page 20429]
[FR Doc No: 2021-08121]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting; Cancellation

FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: 86 FR 19063, April
12, 2021.

PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING: Thursday, April 15,
2021 at 2:00 p.m.

CHANGES IN THE MEETING: The Closed Meeting scheduled for Thursday,
April 15, 2021 at 2:00 p.m., has been cancelled.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

    Dated: April 15, 2021.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021-08121 Filed 4-15-21; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 56 (Friday, March 22, 2013)]
[Notices]
[Pages 17750-17751]
[FR Doc No: 2013-06610]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0312]

Parts and Accessories Necessary for Safe Operation; Exemption
Renewal for DriveCam, Inc.

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemption; request for comments.

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

SUMMARY: FMCSA renews DriveCam, Inc.'s (DriveCam) exemption which
allows the placement of video event recorders at the top of the
windshields on commercial motor vehicles (CMVs). Motor carriers may
continue to use the video event recorders mounted in the windshield
area to increase safety through (1) Identification and remediation of
risky driving behaviors such as distracted driving and drowsiness; (2)
enhanced monitoring of passenger behavior for CMVs in passenger
service; and (3) enhanced collision review and analysis. The Agency has
concluded that granting this exemption renewal will maintain a level of
safety that is equivalent to or greater than the level of safety
achieved without the exemption. However, the Agency requests comments
and information on the exemption, especially from anyone who believes
this standard will not be maintained.

DATES: This decision is effective April 16, 2013. Comments must be
received on or before April 22, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) number FMCSA-2012-XXXX by any of the following
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington,
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the exemption process, see the
``Public Participation'' heading below. Note that all comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided. Please see the ``Privacy Act''
heading for further information.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to Room W12-140,
DOT Building, New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The Federal
Docket Management System (FDMS) is available 24 hours each day, 365
days each year. If you want acknowledgement that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement for the FDMS published in the Federal
Register published on December 29, 2010 (73 FR 82132) or you may visit
http://www.gpo.gov/fdsys/pkg/FR-2010-12-29/pdf/2010-32876.pdf.

FOR FURTHER INFORMATION CONTACT: Mr. Brian J. Routhier, Vehicle and
Roadside Operations Division, Office of Bus and Truck Standards and
Operations, MC-PSV,<PHONE_NUMBER>; Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315(b)(1), FMCSA may renew an
exemption from the Federal Motor Carrier Safety Regulations for a 2-
year period if it finds ``such exemption would likely achieve a level
of safety that is equivalent to, or greater than, the level that would
be achieved absent such exemption.'' DriveCam has requested a two year
extension of the current exemption from 49 CFR 393.60(e)(1). The
procedures for requesting an exemption (including renewals) are set out
in 49 CFR part 381.

Basis for Renewing Exemption

    DriveCam applied for an exemption from 49 CFR 393.60(e)(1) to allow
the use of video event recorders on all CMVs. On April 15, 2009, FMCSA
published a notice of final disposition

granting the exemption (74 FR 17549). On April 18, 2011, FMCSA
published a notice of final disposition renewing this exemption until
April 16, 2013. The renewal outlined in this notice extends the
exemption through April 16, 2015, and requests public comment.
    FMCSA is not aware of any evidence showing that the installation of
video event recorders on CMVs, in accordance with the conditions of the
original exemption, has resulted in any degradation in safety. FMCSA
continues to believe that the potential safety gains from the use of
video event recorders to improve driver behavior will improve the
overall level of safety to the motoring public.
    The exemption is renewed subject to the requirements that video
event recorders installed in commercial motor vehicles be mounted not
more than 5mm (2 inches) below the upper edge of the area swept by the
windshield wipers, and located outside the driver's sight lines to the
road and highway signs and signals. The exemption will be valid for two
years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) Motor carriers and/or commercial motor vehicles fail
to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315.
    The Agency believes that extending the exemption for another two
years will likely achieve a level of safety that is equivalent to, or
greater than, the level of safety achieved without the exemption
because (1) Based on the technical information available, there is no
indication that the video event recorders obstruct drivers' views of
the roadway, highway signs and surrounding traffic; (2) trucks and
buses generally have an elevated seating position which greatly
improves the forward visual field of the driver, and any impairment of
available sight lines is minimal; and (3) the location within the top
two inches of the area swept by the windshield wiper and out of the
driver's normal sightline is reasonable and enforceable at roadside. In
addition, the Agency believes that the use of video event recorders by
fleets to deter unsafe driving behavior is likely to improve the
overall level of safety to the motoring public.
    Without the exemption, FMCSA and the motor carrier industry would
be unable to continue to test this innovative safety management control
system.

Request for Comments

    FMCSA requests comments from parties with data concerning the
safety record of CMVs equipped with video event recorders by April 22,
2013. The Agency will evaluate any adverse evidence submitted and, if
safety is being compromised or if continuation of the exemption would
not be consistent with the goals and objectives of 49 U.S.C. 31136(e)
and 31315, FMCSA will take immediate steps to revoke the DriveCam
exemption.

    Issued on: March 18, 2013.
Anne S. Ferro,
 Administrator.
[FR Doc. 2013-06610 Filed 3-21-13; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Rules and Regulations]
[Pages 22290-22291]
[FR Doc No: 2017-09492]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0042; FRL-9961-38-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Revisions and Amendments to Regulations for Continuous
Opacity Monitoring, Continuous Emissions Monitoring, and Quality
Assurance Requirements for Continuous Opacity Monitors; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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

SUMMARY: This document corrects an omission in the rule language of a
final rule pertaining to changes and amendments to Maryland regulations
for continuous opacity monitoring (COM or COMs) and continuous
emissions monitoring (CEM or CEMs) and to an amendment adding
requirements for quality assurance and quality control as they pertain
to COMs. EPA approved these revisions to the COMs and CEMs requirements
in accordance with the requirements of the Clean Air Act (CAA).

DATES: This document is effective on May 15, 2017.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers,<PHONE_NUMBER> or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On November 7, 2016, (81 FR 78048), EPA
published a final rulemaking action approving revisions and amendments
to Maryland regulations for COMs, CEMs, and quality assurance
requirements for COMs.
    In the ``Identification of Plan'' table on page 78052 of the
rulemaking action published on November 7, 2016, we added only the
title for Maryland regulation COMAR 26.11.31 ``Quality Assurance
Requirements for Opacity Monitors (COMs)'' to 40 CFR 52.1070(c) and
inadvertently omitted approved sections COMAR <IP_ADDRESS> through .12.
The intent of the approved rulemaking was to incorporate the entire
COMAR 26.11.31 regulation into the Maryland SIP. The revised rule
language in this correcting rulemaking action is now adding the omitted
language for each section of COMAR 26.11.31 in the Code of Federal
Regulations (CFR). These sections were part of the original approval
and are to be included in the CFR through this correction.
    Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. We have determined that
there is good cause for making this rule final without prior proposal
and opportunity for comment because we are merely correcting an
inadvertent, incorrect citation in a previous action which fully
discussed the regulation added to the Maryland SIP and provided a
proposal and opportunity for comment. Thus, notice and public procedure
are unnecessary. We find that this constitutes good cause under 5
U.S.C. 553(b)(3)(B).

Statutory and Executive Order Reviews

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993),
this action is not a ``significant regulatory action'' and is therefore
not subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). Because
the agency has made a ``good cause'' finding that this action is not
subject to notice-and-comment requirements under the Administrative
Procedures Act or any other statute as indicated in the Supplementary
Information section above, it is not subject to the regulatory
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform
Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not
significantly or uniquely affect small governments or impose a
significant intergovernmental mandate, as described in sections 203 and
204 of UMRA. This rule also does not have a substantial direct effect
on one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes, as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it 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
governments, as specified by Executive Order 13132 (64 FR 43255, August
10, 1999). This rule also is not subject to Executive Order 13045 (62
FR 19885, April 23, 1997), because it is not economically significant.
    This technical correction action does not involve technical
standards; thus the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. The rule also does not involve special consideration of
environmental justice related issues as required by Executive Order
12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has
taken the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct, as required by section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630
(53 FR 8859, March 15, 1998) by examining the takings implications of
the rule in accordance with the ``Attorney General's Supplemental
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated
Takings'' issued under the executive order. This rule does not impose
an information collection burden under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act (5 U.S.C. 801 et seq.), as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA had made such a good cause finding, including
the reasons therefore, and established an effective date of May 15,
2017.
    EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This correction of the rule language
in 40 CFR 52.1070(c) pertaining to changes and amendments to Maryland
regulations for COMs and CEMs is not a ``major rule'' as defined by 5
U.S.C. 804(2).

    Dated: March 24, 2017.
Cecil Rodrigues,
Acting Regional Administrator, EPA Region III.

0
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 V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (c) is amended by adding
under heading ``26.11.30 Policies and Procedures Relating to Maryland's
NOX Reduction and Trading Program'' entries ``<IP_ADDRESS>
through <IP_ADDRESS>'' in numerical order to read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
                                                                                Additional
Code of Maryland Administrative                                State                             explanation/
  Regulations (COMAR) citation        Title/subject       effective date  EPA approval date   citation at 40 CFR
                                                                                52.1100
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
            26.11.30 Policies and Procedures Relating to Maryland's NOX Reduction and Trading Program
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
<IP_ADDRESS>....................  Scope..................       6/13/2011  11/7/2016 81 FR
                                                                           78048.
<IP_ADDRESS>....................  Applicability..........       6/13/2011  11/7/2016 81 FR
                                                                           78048.
<IP_ADDRESS>....................  Incorporation by              6/13/2011  11/7/2016 81 FR
                                  Reference.                               78048.
<IP_ADDRESS>....................  Definitions............       6/13/2011  11/7/2016 81 FR
                                                                           78048.
<IP_ADDRESS>....................  Principle..............       6/13/2011  11/7/2016 81 FR
                                                                           78048.
<IP_ADDRESS>....................  Quality Control               6/13/2011  11/7/2016 81 FR
                                  Requirements.                            78048.
<IP_ADDRESS>....................  Opacity Calibration           6/13/2011  11/7/2016 81 FR
                                  Drift Assessment.                        78048.
<IP_ADDRESS>....................  Audit Frequency........       6/13/2011  11/7/2016 81 FR
                                                                           78048.
<IP_ADDRESS>....................  Performance Audit......       6/13/2011  11/7/2016 81 FR
                                                                           78048.
<IP_ADDRESS>....................  Calibration Error             6/13/2011  11/7/2016 81 FR
                                  Methods.                                 78048.
<IP_ADDRESS>....................  Zero Alignment Audit...       6/13/2011  11/7/2016 81 FR
                                                                           78048.
<IP_ADDRESS>....................  Corrective Actions.....       6/13/2011  11/7/2016 81 FR
                                                                           78048.

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

* * * * *
[FR Doc. 2017-09492 Filed 5-12-17; 8:45 am]
BILLING CODE 6560-50-P