[Federal Register: April 8, 2008 (Volume 73, Number 68)]
[Rules and Regulations]
[Page 18968-18970]
[DOCID:fr08ap08-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2008-MD-0209; FRL-8552-5]

Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants; State of Maryland; Control of
Large Municipal Waste Combustor (LMWC) Emissions From Existing
Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve the Maryland
Department of the Environment (MDE) large municipal waste combustor
plan (the plan) revision for implementing emission guideline (EG)
amendments promulgated on May 10, 2006 by EPA under the Clean Air Act
(the Act). The plan revision establishes revised emission limits,
monitoring, and recordkeeping requirements for existing LMWC units with
a unit capacity greater than 250 tons per day (TPD). An existing LMWC
unit is one for which construction commenced on or before September 20,
1994.

DATES: This rule is effective June 9, 2008 without further notice,
unless EPA receives adverse written comment by May 8, 2008. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2008-0209 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA--R03 OAR-2008 MD-0209, Walter Wilkie, Chief, Air
Quality Analysis Branch, Mailcode 3AP22, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2008-MD-0209. EPA's policy is that all comments received will be
included in the public docket without change, and may be made available
online at 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 www.regulations.gov
or e-mail. The www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland, 21230.

FOR FURTHER INFORMATION CONTACT: James B. Topsale, P.E., at (215) 814-
2190, or by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Section 129(a)(5) of the Clean Air Act (the Act) requires EPA to
conduct a 5-year review of the solid waste incinerator new source
performance standards (NSPS) and emission guidelines (EG) and revise
both, as appropriate. Accordingly, in the May 10, 2006 edition of the
Federal Register, EPA promulgated revised LMWC rules under sections 111
and 129 of the Act. EG for existing affected facilities are not
federally enforceable. However, section 129(b)(2) of the Act requires
States to submit to EPA for approval State Plans and revisions that
implement and enforce the amended EG, in this case, 40 CFR part 60,
subpart Cb. State Plans and revisions must be at least as protective as
the EG, and become federally enforceable as a section 111(d)/129 plan
revision upon approval by EPA. The procedures for adoption and
submittal of State Plans and revisions are codified in 40 CFR Part 60,
subpart B.

II. Review of Maryland's MWC Plan Revision

    The required Maryland 111(d)/129 plan revision (07-15) was
submitted to EPA on October 24, 2007. EPA has reviewed the plan
revision for existing LMWC units in the context of the requirements of
40 CFR part 60, and subparts B and Cb, as amended. State plans must
include the following essential elements: (1) Identification of legal
authority, (2) identification of mechanism for implementation, (3)
inventory of affected facilities, (4) emissions inventory, (5)
emissions limits, (6) compliance schedules, (7) testing, monitoring,
recordkeeping, and reporting, (8) public hearing records, and (9)
annual state progress reports on facility compliance.

A. Identification of Legal Authority

    Title 40 CFR 60.26 requires the plan to demonstrate that the State
has legal authority to adopt and implement the emission standards and
compliance schedules. The initial LMWC plan submittal demonstrates that
the MDE has the legal authority to adopt and implement a plan.

B. Identification of Enforceable State Mechanisms for Implementing the
Plan

    The subpart B provision at 40 CFR 60.24(a) requires that state
plans include emissions standards, defined in 40 CFR 60.21(f) as ``* *
* a legally enforceable regulation setting forth an allowable rate of
emissions into the atmosphere, or prescribing equipment specifications
for control of air pollution emissions.'' The MDE Code of Maryland
Regulations (COMAR) for LMWC units has been amended to incorporate
revisions to subpart Cb. These amendments to Regulations .01, .02 and
.08 under COMAR 26.11.08, Control of Incinerators, were adopted
September 12, 2007 and became effective on October 8, 2007. Other
applicable and effective supporting air program rules were identified
in EPA's initial plan approval. (64 FR 19919). These rules collectively
met the requirement of 40 CFR 60.24(a) to have a legally enforceable
emission standard.

C. Inventory of Affected MWC Units

    Title 40 CFR 60.25(a) requires the plan to include a complete
source inventory of all LMWC units. The MDE has identified two (2)
affected facilities--Wheelabrator Baltimore, L.P., and Montgomery
County Resource Recovery Facility. An unknown affected facility is not
exempt from applicable 111(d)/129 requirements because it is not listed
in the source inventory.

D. Inventory of Emissions From Affected MWC Units

    Title 40 CFR 60.25(a) requires that the plan include an emissions
inventory that estimates emissions of the pollutant regulated by the
EG. Emissions from MWC units contain organics (dioxin/furans), metals
(cadmium, lead, mercury, particulate matter, opacity), and acid gases
(hydrogen chloride, sulfur dioxide, and nitrogen oxides). For each
affected MWC facility, the MDE plan revision contains MWC unit
emissions rates for each regulated pollutant based on 2006 and 2007
stack test and continuous emission monitoring data. This meets the
emission inventory requirements of 40 CFR 60.25(a).

E. Emissions Limitations for MWC Units

    Title 40 CFR 60.24(c) specifies that the State plan or revision
must include emission standards that are no less stringent than the EG,
except as specified in 40 CFR 60.24(f) which allows for less stringent
emission limitations on a case-by-case basis if certain conditions are
met. This exception clause is superseded by section 129(b)(2) of the
Act which requires that state plans be ``at least as protective'' as
the EG. A review of COMAR <IP_ADDRESS> emissions limitations shows that
all are ``at least as protective'' as those in the EG, subpart Cb, as
amended.

F. Compliance Schedules

    Under 40 CFR 60.24(c) and (e), a state plan must include an
expeditious compliance schedule that owners and operators of affected
MWC units must meet in order to comply with the requirements of the
plan. The plan revision and related COMAR <IP_ADDRESS> rule amendments
contain a compliance schedule, consistent with subpart Cb requirements,
with specific increments of progress for meeting the revised and more
stringent emission limitations. Sec.  60.24(e)(1) requires that
compliance schedules extending more than 12 months from the date
required for submittal of the plan must include legally enforceable
increments of progress. The required state plan revision was due at EPA
on May 10, 2007. Accordingly, the submitted plan revision contains
increments of progress which require full facility compliance by a date
no later than April 28, 2009, assuming an extensive emission control
system upgrade is not required. This requirement does not preclude an
affected facility from demonstrating full compliance prior to April 28,
2009. In the case where an extensive emission control system upgrade is
required, the facility's first increment of progress is to complete a
control system and cost analysis by April 1, 2008; if that is the case,
full compliance is then required by March 10, 2011. The state plan
revision meets applicable Federal requirements.

G. Testing, Monitoring, Recordkeeping, and Reporting Requirements

    The provisions of subpart B, 40 CFR 60.24(b) and 60.25(b),
stipulate facility testing, monitoring recordkeeping and reporting
requirements for state plans. COMAR <IP_ADDRESS> has also been amended
to be consistent with EPA's May 10, 2006 EG amendments, subpart Cb,
relating to source testing, monitoring, recordkeeping and reporting
requirements.

H. A Record of Public Hearing on the State Plan Revision

    A public hearing on the plan revision was held August 8, 2007.
Applicable portions of COMAR <IP_ADDRESS>, .02, and .08 amendments
became effective on October 8, 2007. The state provided evidence of
complying with public notice and other hearing requirements, including
a record of public comments received. The MDE has met the requirement
of 40 CFR 60.23 for a public hearing.

I. Annual State Progress Reports to EPA

    The MDE will submit to EPA on an annual basis a report which
details the progress in the enforcement of the plan in accordance with
40 CFR 60.25. Accordingly, the MDE will submit annual reports on
progress in plan enforcement to EPA on an annual (calendar) basis,
commencing with the first full report period after plan revision
approval.

III. Final Action

    Based upon the rationale discussed above and in further detail in
the technical support document (TSD) associated with this action, EPA
is approving the Maryland plan revision and related COMAR 26.11.08
Regulation, Control of Incinerators, amendments to .01, .02, and .08,
as adopted September 12, 2007. This approval excludes certain
authorities retained by EPA, and as stated in 40 CFR 60.30b(b) and
60.50b(n). As required by 40 CFR 60.28(c), any revisions to the
Maryland plan or supporting regulations will not be considered part of
the applicable plan until submitted by the MDE in accordance with 40
CFR 60.28(a) or (b), as applicable, and until approved by EPA in
accordance with 40 CFR part 60, Subpart B, requirements.

    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. This action simply reflects already existing Federal
requirement for state air pollution control agencies and existing LMWC
units that are subject to the provisions of 40 CFR part 60, subpart Cb
and related subpart Eb. However, in the ``Proposed Rules'' section of
today's Federal Register, EPA is publishing a separate document that
will serve as the proposal to approve the section 111(d)/129 plan
revision should relevant adverse or critical comments be filed. This
rule will be effective June 9, 2008 without further notice unless EPA
receives adverse comments by May 8, 2008. If EPA receives adverse
comments, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule did not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting must do so at this
time.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
111(d)/129 plan 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 111(d)/129 plan submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the
Clean Air Act. Accordingly, this action merely approves state law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the 111(d)/129 plan is not approved to apply in Indian country
located in the state, and EPA notes that it will not impose substantial
direct costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the 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 June 9, 2008. 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 62

    Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements, Sulfur
oxides, Waste treatment and disposal.

    Dated: March 31, 2008.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 62 is amended as follows:

PART 62--[AMENDED]

0
1. The authority citation for Part 62 continues to read as follows:

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

Subpart V--Maryland

0
2. Section 62.5110 is amended by redesignating the existing paragraph
as paragraph (a) and adding paragraph (b) to read as follows:

Sec.  62.5110  Identification of plan.

* * * * *
0
(b) On October 24, 2007, Maryland submitted a revised State plan (Phase
II) and related COMAR <IP_ADDRESS>, .02, and .08 amendments as required
by 40 CFR part 60, subpart Cb, amended May 10, 2006.
0
3. Section 62.5112 is amended by redesignating the existing paragraph
as paragraph (a) and adding paragraph (b) to read as follows:

Sec.  62.5112  Effective date.

* * * * *
0
(b) The plan revision (Phase II) is effective June 9, 2008.

[FR Doc. E8-7347 Filed 4-7-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 36 (Friday, February 24, 2017)]
[Notices]
[Pages 11593-11594]
[FR Doc No: 2017-03690]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4300-DR; Docket ID FEMA-2017-0001]

Louisiana; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Louisiana (FEMA-4300-DR), dated February 11,
2017, and related determinations.

DATES: Effective Date: February 11, 2017.

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: Notice is hereby given that, in a letter
dated February 11, 2017, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Louisiana resulting from severe storms, tornadoes, and straight-
line winds on February 7, 2017, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare that such
a major disaster exists in the State of Louisiana.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance in the
designated areas, Hazard Mitigation throughout the State, and any
other forms of assistance under the Stafford

Act that you deem appropriate subject to completion of Preliminary
Damage Assessments (PDAs).
    Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation and Other Needs Assistance will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, William J. Doran III, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Louisiana have been designated
as adversely affected by this major disaster:

    Livingston and Orleans Parishes for Individual Assistance.
    All areas within the State of Louisiana are eligible for
assistance under the Hazard Mitigation Grant Program.
    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.

Robert. J. Fenton,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-03690 Filed 2-23-17; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 84, Number 236 (Monday, December 9, 2019)]
[Notices]
[Pages 67284-67286]
[FR Doc No: 2019-26422]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2019-0002; Internal Agency Docket No. FEMA-B-1975]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before March 9, 2020.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://www.fema.gov/preliminaryfloodhazarddata and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1975, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at https://

www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://www.fema.gov/preliminaryfloodhazarddata and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

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

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

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                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Black Hawk County, Iowa and Incorporated Areas
         Project: 17-07-0295S Preliminary Date: January 10, 2019
------------------------------------------------------------------------
City of Cedar Falls....................  City Hall Department of Finance
                                          and Business Operations, 220
                                          Clay Street, Cedar Falls, IA
                                          50613.
City of Dunkerton......................  City Hall, 200 Tower Street,
                                          Dunkerton, IA 50626.
City of Elk Run Heights................  City Hall, 5042 Lafayette Road,
                                          Elk Run Heights, IA 50707.
City of Gilbertville...................  City Hall, 1321 5th Street,
                                          Gilbertville, IA 50634.
City of Hudson.........................  City Hall, 525 Jefferson
                                          Street, Hudson, IA 50643.
City of La Porte City..................  City Hall, 202 Main Street, La
                                          Porte City, IA 50651.
City of Raymond........................  City Hall, 101 1st Street,
                                          Raymond, IA 50667.
City of Waterloo.......................  City Hall, 715 Mulberry Street,
                                          Waterloo, IA 50703.
Unincorporated Areas of Black Hawk       Black Hawk County Courthouse,
 County.                                  316 East 5th Street, Waterloo,
                                          IA 50703.
------------------------------------------------------------------------
             Dickinson County, Kansas and Incorporated Areas
         Project: 17-07-0009S Preliminary Date: August 14, 2019
------------------------------------------------------------------------
City of Abilene........................  Office of the City Inspector,
                                          419 North Broadway, Abilene,
                                          KS 67410.
City of Chapman........................  City Hall, 466 North Marshall
                                          Street, Chapman, KS 67431.
City of Enterprise.....................  City Hall, 206 South Factory
                                          Street, Enterprise, KS 67441.
City of Herington......................  City Office, 17 North Broadway,
                                          Herington, KS 67449.
City of Hope...........................  City Office, 113 North Main
                                          Street, Hope, KS 67451.
City of Manchester.....................  City Office, 610 Lina Avenue,
                                          Manchester, KS 67410.
City of Solomon........................  City Office, 116 West Main
                                          Street, Solomon, KS 67480.
Unincorporated Areas of Dickinson        Dickinson County Courthouse,
 County.                                  109 East 1st Street, Suite
                                          202, Abilene, KS 67410.
------------------------------------------------------------------------
               Emmet County, Michigan (All Jurisdictions)
           Project: 14-05-3357S Preliminary Date: June 4, 2019
------------------------------------------------------------------------
City of Harbor Springs.................  City Hall, 160 Zoll Street,
                                          Harbor Springs, MI 49740.
City of Petoskey.......................  City Hall, 101 East Lake
                                          Street, Petoskey, MI 49770.
Little Traverse Bay Bands of Odawa       Little Traverse Bay Bands of
 Indians.                                 Odawa Indians, 7500 Odawa
                                          Circle, Harbor Springs, MI
                                          49740.
Township of Bear Creek.................  Bear Creek Township Hall, 373
                                          North Division Road, Petoskey,
                                          MI 49770.
Township of Bliss......................  Township of Bliss Town Hall, 41
                                          West Lakeview Road, Levering,
                                          MI 49755.
Township of Cross Village..............  Cross Village Township Hall,
                                          5954 Wadsworth Street, Harbor
                                          Springs, MI 49740.

Township of Friendship.................  Clerk's Office, 88774 Kawegoma
                                          Road, Harbor Springs, MI
                                          49740.
Township of Littlefield................  Littlefield Township Hall, 7631
                                          Burr Avenue, Alanson, MI
                                          49706.
Township of Little Traverse............  Little Traverse Township Hall,
                                          8288 Pleasant View Road,
                                          Harbor Springs, MI 49740.
Township of Readmond...................  Readmond Township Hall, 6034
                                          Wormwood Lane, Harbor Springs,
                                          MI 49740.
Township of Resort.....................  Resort Township Hall, 2232
                                          Resort Pike Road, Petoskey, MI
                                          49770.
Township of Wawatam....................  Wawatam Township Hall, 119 West
                                          Etherington Street, Mackinaw
                                          City, MI 49701.
Township of West Traverse..............  West Traverse Township Hall,
                                          8001 M-119, Harbor Springs, MI
                                          49740.
Village of Mackinaw City...............  Village Hall, 102 South Huron
                                          Avenue, Mackinaw City, MI
                                          49701.
------------------------------------------------------------------------
              Niagara County, New York (All Jurisdictions)
          Project: 17-02-0294S Preliminary Date: April 5, 2019
------------------------------------------------------------------------
City of North Tonawanda................  City Hall, 216 Payne Avenue,
                                          North Tonawanda, NY 14120.
------------------------------------------------------------------------

[FR Doc. 2019-26422 Filed 12-6-19; 8:45 am]
BILLING CODE 9110-12-P


  ENERGY STAR(R) Challenge for Industry Registration

  Form

  Please complete this form to take the ENERGY STAR Challenge for Industry by pledging to improve the energy efficiency of your manufacturing site by 10 percent within 5 years from your baseline year. For information on requirements, supporting tools, and recognition, please visit www.energystar.gov/industrychallenge.   * Required

  Site Information

  Company Name *

  Site Name * Site Address * Site City *   Site State (and/or District, Province, etc.) *

  Site Zip Code or Postal Code *

  Site Country *

  Industry Description *   Please provide a short description of your business. Example: Our company manufactures widgets.

               Products Produced at This Site *

               Number of Employees at This Site (Optional)

               Contact Information

               Contact Name * Contact Title * Contact Address * Contact City *                Contact State (and/or District, Province, etc.) *

               Contact Zip Code or Postal Code *

               Contact Country * Contact Phone * Contact Email *

               Baseline, Tracking, and Goals

               Energy Intensity Metric *

               Explanation of Energy Intensity Metric Selection *                Please include a brief explanation of why the selected metric is appropriate. Example: Our site produces a variety of widget types which we track by weight.

               Baseline Year *                Please select the ending month of your 12-month baseline period. The baseline must begin in the year prior to signing up for the Challenge. The baseline can be based on the immediate past year (e.g., a site signing up in April 2012 could set their baseline as January 1, 2011 - December 31,                2011), or another consecutive 12-month period such as the most recent 12 months (e.g., a site signing up in April 2012 could set their baseline as April 1, 2011 - March 31, 2012), or the site's most recent fiscal year.                                          December 2011

               Baseline Energy Intensity *

               Baseline Total Energy (Optional)

               (E.g., Total Source Energy in BTUs)

               10% Reduction Target *                (E.g. Your target annual energy intensity)

               Tracking System *                Please check the primary tracking system(s) you plan to use.

                  Internal System

                  Portfolio Manager

                  ENERGY STAR Energy Tracking Tool (ETT)

                  ENERGY STAR Plant Energy Performance Indicator (EPI)

               Energy Tracking Plan *                Please check the appropriate response(s).

                  We have existing policies and procedures for managing energy data. We have established a Challenge for Industry Energy Tracking Plan.

               Additional Information

               Is your company an ENERGY STAR Industrial Partner? *

                  Yes

                  No

               Is this the first time this site has signed up for the Challenge for Industry? If no, please indicate how many times this site has signed up in the "Other" text box below. *                   Yes

                  No

                  Other:

               How did you learn of the ENERGY STAR Challenge for Industry? (Optional)                If you are paricipating as part of a promoter organization's initiative (e.g., industry association, utility), please name that organization below.

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               Report Abuse -  Terms of Service -  Additional Terms

The public reporting burden for this collection of information is estimated to average 10 minutes per response.  Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.  Include the OMB control number in any correspondence.  Do not send the completed form to this address.

EPA Form 5900-263


[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Notices]
[Pages 9573-9574]
[FR Doc No: 2018-04519]

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

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2018-0016]

Pipeline Safety: Information Collection Activities

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA
invites comments on two information collections that will be expiring
on May 31, 2018. PHMSA will request an extension with no change for the
information collections identified by OMB control numbers 2137-0594 and
2137-0622.

DATES: Interested persons are invited to submit comments on or before
May 7, 2018.

ADDRESSES: Comments may be submitted in the following ways:
    E-Gov website: http://www.regulations.gov. This site allows the
public to enter comments on any Federal Register notice issued by any
agency.
    Fax: 1-202-493-2251.
    Mail: Docket Management Facility; U.S. Department of Transportation
(DOT), 1200 New Jersey Avenue SE, West Building, Room W12-140,
Washington, DC 20590-0001.
    Hand Delivery: Room W12-140 on the ground level of DOT, West
Building, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m.
and 5:00 p.m., Monday through Friday, except Federal holidays.
    Instructions: Identify the docket number, PHMSA-2018-0016, at the
beginning of your comments. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. You should know that 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.). Therefore, you may want to review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477) or visit http://www.regulations.gov before
submitting any such comments.
    Docket: For access to the docket or to read background documents or
comments, go to http://www.regulations.gov at any time or to Room W12-
140 on the ground level of DOT, West Building, 1200 New Jersey Avenue
SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays. If you wish to receive confirmation of
receipt of your written comments, please include a self-addressed,
stamped postcard with the following statement:
    ``Comments on PHMSA-2018-0016.'' The Docket Clerk will date stamp
the postcard prior to returning it to you via the U.S. mail. Please
note that due to delays in the delivery of U.S. mail to Federal offices
in Washington, DC, we recommend that persons consider an alternative
method (internet, fax, or professional delivery service) of submitting
comments to the docket and ensuring their timely receipt at DOT.

FOR FURTHER INFORMATION CONTACT: Angela Dow by telephone at 202-366-
1246, by fax at<PHONE_NUMBER>, or by mail at DOT, PHMSA, 1200 New Jersey
Avenue SE, PHP-30, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: Section 1320.8(d), Title 5, Code of Federal
Regulations, requires PHMSA to provide interested members of the public
and affected agencies an opportunity to comment on information
collection and recordkeeping requests. This notice identifies two
information collection requests that PHMSA will submit to OMB for
renewal. The following information is provided for each information
collection: (1) Title of the information collection; (2) OMB control
number; (3) Current expiration date; (4) Type of request; (5) Abstract
of the information collection activity; (6) Description of affected
public; (7) Estimate of total annual reporting and recordkeeping
burden; and (8) Frequency of collection. PHMSA will request a three-
year term of approval for each information collection activity. PHMSA
requests comments on the following information collections:
    1. Title: Customer-Owned Service Lines.
    OMB Control Number: 2137-0594.
    Current Expiration Date: 5/31/2018.
    Type of Request: Renewal of a currently approved information
collection.
    Abstract: This information collection request requires operators of
gas service lines who do not maintain their customers' buried piping
between service lines and building walls or gas utilization equipment
to send written notices to their customers prescribing the proper
maintenance of these gas lines and of the potential hazards of not
properly maintaining these gas lines. Operators also must maintain
records that include a copy of the notice currently in use and evidence
that notices were sent to customers within the previous three years.
The purpose of the collection is to provide the Office of Pipeline
Safety with adequate information about how customer-owned service lines
are being maintained to prevent the potential hazards associated with
not maintaining the lines. Examples of sufficient notification include
a prepared notification with the customer's bill.
    Affected Public: State and local governments.
    Annual Reporting and Recordkeeping Burden:
    Estimated number of responses: 550,000.
    Estimated annual burden hours: 9,167.
    Frequency of Collection: On occasion.
    2. Title: Pipeline Safety: Public Awareness Program.
    OMB Control Number: 2137-0622.
    Type of Request: Renewal of a currently approved information
collection.
    Abstract: The Federal Pipeline Safety Regulations require each
operator to develop and implement a written continuing public education
program that follows the guidance provided in the American Petroleum
Institute's Recommended Practice RP 1162. Upon

request, operators must submit their completed programs to PHMSA or, in
the case of an intrastate pipeline facility operator, the appropriate
state agency. The operator's program documentation and evaluation
results must also be available for periodic review by appropriate
regulatory agencies (49 CFR 192.616 and 195.440). The purpose of the
collection is to establish communications and provide information
necessary to enhance public understanding of how pipelines function and
the public's role in promoting pipeline safety. The timeframes for
developing programs are 23 hours annually per operator.
    Affected Public: Operators of Natural Gas and Hazardous Liquid
Pipelines.
    Estimated number of responses: 22,500.
    Estimated annual burden hours: 517,480 hours.
    Frequency of collection: On occasion.
    Comments are invited on:
    (a) The need for the renewal and revision of these collections of
information for the proper performance of the functions of the agency,
including whether the information will have practical utility;
    (b) The accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (c) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
    (d) Ways to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; and 49 CFR 1.48.

    Issued in Washington, DC, on March 1, 2018, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2018-04519 Filed 3-5-18; 8:45 am]
 BILLING CODE 4910-60-P


[Federal Register Volume 83, Number 198 (Friday, October 12, 2018)]
[Rules and Regulations]
[Pages 51625-51628]
[FR Doc No: 2018-22224]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0577]
RIN 1625-AA08

Special Local Regulation; Choptank River, Talbot and Dorchester
Counties, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local
regulations for certain navigable waters of the Choptank River. This
action is necessary to provide for the safety of life on these waters
near Oxford, MD, from October 7, 2018, through October 15, 2018, during
a sailboat regatta. This regulation prohibits persons and vessels from
being in the regulated area unless authorized by the Captain of the
Port Maryland-National Capital Region or a designated representative.

DATES: This rule is effective without actual notice from October 12,
2018 through 5:30 p.m. on October 15, 2018. For the purposes of
enforcement, actual notice will be used from 11:30 a.m. on October 7,
2018 until October 12, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0577 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Maryland-
National Capital Region; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On February 13, 2018, the Tred Avon Yacht Club of Oxford, MD,
notified the Coast Guard through submission of a marine event
application that from October 5, 2018, through October 15, 2018, it
will be conducting a sailboat

regatta, the 2018 Star World Championship on the Choptank River, in
Talbot and Dorchester Counties, near Oxford, MD. Race activities on
navigable waters are planned each afternoon of the regatta beginning on
October 7th. In response, on August 17, 2018, the Coast Guard published
a notice of proposed rulemaking (NPRM) titled ``Special Local
Regulation; Choptank River, Talbot and Dorchester Counties, MD'' (83 FR
41029). There we stated why we issued the NPRM, and invited comments on
our proposed regulatory action related to this sailboat regatta. During
the comment period that ended September 17, 2018, we received no
comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the date of the event, it
would be impracticable and contrary to the public interest to make the
regulation effective 30 days after publication in the Federal Register.
The regulation must be in place by October 7th in order to protect the
public from the hazards associated with this sailing regatta.
Therefore, the Coast Guard is making this rule effective immediately.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Maryland-National Capital Region (COTP)
has determined that potential hazards associated with the sailboat
regatta will be a safety concern for anyone intending to operate in or
near the race area. The purpose of this rule is to protect event
participants, spectators, and transiting vessels on specified waters of
the Choptank River before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published
August 17, 2018. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
    This rule establishes a special local regulation to be enforced
from 11:30 a.m. until 5:30 p.m., each day, from October 7, 2018,
through October 15, 2018. The regulated area would cover all navigable
waters of the Choptank River, within an area bounded by the following
coordinates: Commencing at latitude 38[deg]41'39.02'' N, longitude
076[deg]11'19.18'' W, thence south to latitude 38[deg]37'28.68'' N,
longitude 076[deg]11'19.18'' W, thence west to latitude
38[deg]37'28.68'' N, longitude 076[deg]18'18.35'' W, thence north to
latitude 38[deg]41'39027'' N, longitude 076[deg]18'18.35'' W, thence
east to point of origin, located near Oxford, MD. This rule provides
additional information about an area within the regulated area, the
``Race Area.'' The duration of the special local regulations and size
of the regulated area are intended to ensure the safety of life on
these navigable waters before, during, and after sail boat races,
scheduled from noon until 5 p.m. on October 7, 8, 9, 10, 11, 12, 13,
14, and 15, 2018. Except for participants and vessels already at berth,
a person or vessel within the regulated area at the start of
enforcement of this special local regulation must immediately depart
the regulated area. A spectator must contact the Coast Guard Patrol
Commander (PATCOM) to request permission to either enter or pass
through the regulated area. The PATCOM can be contacted on marine band
radio VHF-FM channel 16 (156.8 MHz) and channel 22A (157.1 MHz). If
permission is granted, the spectator may enter the regulated area or
pass directly through the regulated area as instructed by PATCOM. A
vessel within the regulated area must operate at a safe speed that
minimizes wake. A spectator vessel must not loiter within the navigable
channel while within the regulated area. Only participant vessels and
official patrol vessels are allowed to enter the race area.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, duration
and location of the regulated area. Vessel traffic will be able to
safely transit around this regulated area, which would impact a small
designated area of the Choptank River for 54 hours. The Coast Guard
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the status of the regulated area. Moreover, the rule will allow
vessels to seek permission to enter the regulated area, and vessel
traffic will be able to safely transit the regulated area once the
PATCOM deems it safe to do so.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.]
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States.
The temporary regulated area will be enforced daily during a nine-day
period during the sailboat regatta. It is categorically excluded from
further review under paragraph L61 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A Memorandum For Record for
Categorically Excluded Actions supporting this determination is
available in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233; 33 CFR 1.05-1.

0
2. Add Sec.  [thinsp]100.501T05-0577 to read as follows:

Sec.  100.501T05-0577   Special Local Regulation; Choptank River,
Talbot and Dorchester Counties, MD.

    (a) Definitions. As used in this section:
    Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on the COTP's behalf.
    Coast Guard Patrol Commander (PATCOM) means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
    Official Patrol means a vessel assigned or approved by the
Commander, Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
    Participant means a person or vessel registered with the event
sponsor as participating in the 2018 Star World Championship regatta or
otherwise designated by the regatta's sponsor as having a function tied
to the event.
    Spectator means a person or vessel not registered with the event
sponsor as a participant or assigned as an official patrol.
    (b) Locations. All coordinates reference Datum NAD 1983.
    (1) Regulated area. All navigable waters of the Choptank River,
bounded by a line connecting the following coordinates: Commencing at
latitude 38[deg]41'39.02'' N, longitude 076[deg]11'19.18'' W, thence
south to latitude 38[deg]37'28.68'' N, longitude 076[deg]11'19.18'' W,
thence west to latitude 38[deg]37'28.68'' N, longitude
076[deg]18'18.35'' W, thence north to latitude 38[deg]41'39027'' N,
longitude 076[deg]18'18.35'' W, thence east to point of origin, located
near Oxford, MD. The following location is within the regulated area:
    (2) Race area. The race area is a circle in shape with its center
located at position latitude 38[deg]39'48.00'' N, longitude
076[deg]15'03.42'' W. The area is bounded by a line measuring
approximately 2.5 nautical miles in diameter.
    (c) Special local regulations. (1) The COTP Maryland-National
Capital Region or PATCOM may forbid and control the movement of all
vessels and persons, including event participants, in the regulated
area. When hailed or signaled by an official patrol, a vessel or person
in the regulated area must immediately comply with the directions given
by the patrol. Failure to do so may result in the Coast Guard expelling
the person or vessel from the area, issuing a citation for failure to
comply, or both. The COTP Maryland-National Capital Region or PATCOM
may terminate the event, or a participant's operations at any time the
COTP Maryland-National Capital Region or PATCOM believes it necessary
to do so for the protection of life or property.
    (2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
    (3) A spectator must contact the PATCOM to request permission to
either enter or pass through the regulated area. The PATCOM, and
official patrol vessels enforcing this regulated area, can be contacted
on marine band radio VHF-FM channel 16 (156.8 MHz) and channel 22A
(157.1 MHz). If permission is granted, the spectator may enter the
regulated area or pass directly through the regulated area as
instructed by PATCOM. A vessel within the regulated area must operate
at a safe speed that minimizes wake. A

spectator vessel must not loiter within the navigable channel while
within the regulated area.
    (4) Only participant vessels and official patrol vessels are
allowed to enter the race area.
    (5) A person or vessel that desires to transit, moor, or anchor
within the regulated area must first obtain authorization from the COTP
Maryland-National Capital Region or PATCOM. A person or vessel seeking
such permission can contact the PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
    (6) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
    (d) Enforcement periods. This section will be enforced during each
of the following times:
    (1) From 11:30 a.m. until 5:30 p.m. on October 7, 2018.
    (2) From 11:30 a.m. until 5:30 p.m. on October 8, 2018.
    (3) From 11:30 a.m. until 5:30 p.m. on October 9, 2018.
    (4) From 11:30 a.m. until 5:30 p.m. on October 10, 2018.
    (5) From 11:30 a.m. until 5:30 p.m. on October 11, 2018.
    (6) From 11:30 a.m. until 5:30 p.m. on October 12, 2018.
    (7) From 11:30 a.m. until 5:30 p.m. on October 13, 2018.
    (8) From 11:30 a.m. until 5:30 p.m. on October 14, 2018.
    (9) From 11:30 a.m. until 5:30 p.m. on October 15, 2018.

    Dated: September 26, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2018-22224 Filed 10-11-18; 8:45 am]
 BILLING CODE 9110-04-P


Informational Webinar for Tribes
On March 10, 2021 EPA Office of Underground Storage Tanks (OUST) and EPA Office of Transportation and Air Quality (OTAQ) held an information webinar for tribes about the E15 Labeling and UST Compatibility proposed rule.  EPA gave a presentation on the contents of the proposed rule and then answered questions from tribes.  There were 60 participants on the call including EPA staff from headquarters and regional offices as well as tribal representatives.

The questions from tribes about the UST compatibility portions of the proposal included clarification about what is required under the proposal for new UST installations, the cost of the proposal, the availability of parts that would meet the requirements of the proposal, discussion of the amount of E15 currently in the marketplace and the age of tanks in the ground as well as questions about what this proposal might mean for insurance coverage.

The questions from tribes about the E15 labeling portions of the proposal included questions about why EPA proposed changes to the color of the label and what the penalty would be for owners who do not comply with the labeling requirements as well as questions on who actually places the label on the dispenser.


[Federal Register Volume 77, Number 174 (Friday, September 7, 2012)]
[Proposed Rules]
[Pages 55171-55174]
[FR Doc No: 2012-22098]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0305; FRL-9724-9]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Deferral for CO2 Emissions From Bioenergy and Other Biogenic
Sources Under the Prevention of Significant Deterioration Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Maryland Department of the Environmental
(MDE) on April 4, 2012. This revision proposes to defer until July 21,
2014 the application of the Prevention of Significant Deterioration
(PSD) permitting requirements to biogenic carbon dioxide
(CO2) emissions from bioenergy and other biogenic stationary
sources in the State of Maryland. This action is being taken under the
Clean Air Act (CAA).

DATES: Written comments must be received on or before October 9, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0305 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2012-0305, Ms. Kathleen Cox, Associate
Director, Office of Permits and Air Toxics, Mailcode 3AP10, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2012-0305. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at 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 www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Mr. David Talley,<PHONE_NUMBER>, or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. On April 4, 2012, MDE
submitted a revision (12-02) to its State Implementation Plan
(SIP) to maintain consistency with Federal greenhouse gas (GHG)
permitting requirements under the PSD program.

I. Background

A. The Tailoring Rule

    On June 3, 2010 (effective August 2, 2010), EPA promulgated a final
rulemaking, the Tailoring Rule, for the purpose of relieving
overwhelming permitting burdens from the regulation of GHG's that
would, in the absence of the rule, fall on permitting authorities and
sources (75 FR 31514). EPA accomplished this by tailoring the
applicability criteria that determine which GHG emission sources become
subject to the PSD program of the CAA. In particular, EPA established
in the Tailoring Rule a phase-in approach for PSD applicability and
established the first two steps of the phase-in for the largest GHG-
emitters.
    For the first step of the Tailoring Rule, which began on January 2,
2011, PSD requirements apply to major stationary source GHG emissions
only if the sources are subject to PSD anyway due to their emissions of
non-GHG pollutants. Therefore, in the first step, EPA did not require
sources or modifications to evaluate whether they are subject to PSD
requirements solely on account of their GHG emissions. Specifically,
for PSD, Step 1 requires that as of January 2, 2011, the applicable
requirements of PSD, most noticeably the best available control
technology

(BACT) requirement as defined in CAA section 169(3), apply to projects
that increase net GHG emissions by at least 75,000 tons per year (tpy)
of CO2 equivalent (CO2e), but only if the project
also significantly increases emissions of at least one non-GHG
pollutant. CO2e is a metric used to compare the emissions
from various greenhouse gases based upon their global warming potential
(GWP). The CO2e for a gas is determined by multiplying the
mass of the gas by the associated GWP. The applicable GWP's and
guidance on how to calculate a source's GHG emissions in tpy
CO2e can be found in EPA's ``Inventory of U.S. Greenhouse
Gas Emissions and Sinks,'' which is updated annually under existing
commitment under the United Nations Framework Convention on Climate
Change (UNFCCC).
    The second step of the Tailoring Rule, which began on July 1, 2011,
phased in additional large sources of GHG emissions. New sources that
emit, or have the potential to emit (PTE), at least 100,000 tpy
CO2e are subject to the PSD requirements. In addition,
sources that emit or have the PTE at least 100,000 tpy CO2e
and that undertake a modification that increases net GHG emissions by
at least 75,000 tpy CO2e are also be subject to PSD
requirements. For both steps, EPA noted that if sources or
modifications exceed these CO2e-adjusted GHG triggers, they
are not covered by permitting requirements unless their GHG emissions
also exceed the corresponding mass-based triggers in tpy.
    Maryland implements its PSD program by incorporating 40 CFR 52.21
by reference, under COMAR <IP_ADDRESS>B(1). This incorporation
references a date specific version of the CFR and is updated
periodically and submitted to EPA for approval into the SIP. In order
to adopt the Tailoring Rule, Maryland's previous update incorporated 40
CFR 52.21 ``as published in the 2009 edition, as amended by the
`Prevention of Significant Deterioration and Title V Greenhouse Gas
Tailoring Rule' (75 FR 31514).'' EPA approved this revision into the
Maryland SIP on August 2, 2012 (77 FR 45949).

B. EPA's Biomass Deferral Rule

    On July 20, 2011, EPA promulgated the final ``Deferral for
CO2 Emissions from Bioenergy and other Biogenic Sources
Under the Prevention of Significant Deterioration (PSD) and Title V
Programs'' (Biomass Deferral). Following is a brief discussion of the
deferral. For a full discussion of EPA's rationale for the rule, see
the notice of final rulemaking at 76 FR 43490.
    The biomass deferral delays until July 21, 2014 the consideration
of CO2 emissions from bioenergy and other biogenic sources
(hereinafter referred to as ``biogenic CO2 emissions'') when
determining whether a stationary source meets the PSD and Title V
applicability thresholds, including those for the application of BACT
\1\. Stationary sources that combust biomass (or otherwise emit
biogenic CO2 emissions) and construct or modify during the
deferral period will avoid the application of PSD to the biogenic
CO2 emissions resulting from those actions. The deferral
applies only to biogenic CO2 emissions and does not affect
non-GHG pollutants or other GHG's (e.g., methane (CH4) and
nitrous oxide (N2O)) emitted from the combustion of biomass
fuel. Also, the deferral only pertains to biogenic CO2
emissions in the PSD and Title V programs and does not pertain to any
other EPA programs such as the GHG Reporting Program.
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    \1\ As with the Tailoring Rule, the Biomass Deferral addresses
both PSD and Title V requirements. However, EPA is only taking
action on Maryland's PSD program as part of this action.
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    Biogenic CO2 emissions are defined as emissions of
CO2 from a stationary source directly resulting from the
combustion or decomposition of biologically-based materials other than
fossil fuels and mineral sources of carbon. Examples of ``biogenic
CO2 emissions'' include, but are not limited to:
     CO2 generated from the biological decomposition
of waste in landfills, wastewater treatment or manure management
processes;
     CO2 from the combustion of biogas collected
from biological decomposition of waste in landfills, wastewater
treatment or manure management processes;
     CO2 from fermentation during ethanol production
or other industrial fermentation processes;
     CO2 from combustion of the biological fraction
of municipal solid waste or biosolids;
     CO2 from combustion of the biological fraction
of tire-derived fuel; and
     CO2 derived from combustion of biological
material, including all types of wood and wood waste, forest residue,
and agricultural material.
    EPA recognizes that use of certain types of biomass can be part of
the national strategy to reduce dependence on fossil fuels. Efforts are
underway at the Federal, state and regional level to foster the
expansion of renewable resources and promote bioenergy projects when
they are a way to address climate change, increase domestic alternative
energy production, enhance forest management and create related
employment opportunities. We believe part of fostering this development
is to ensure that those feedstocks with negligible net atmospheric
impact not be subject to unnecessary regulation. At the same time, it
is important that EPA have time to conduct its detailed examination of
the science and technical issues related to accounting for biogenic
CO2 emissions and therefore have finalized this deferral.
The deferral is intended to be a temporary measure, in effect for no
more than three years, to allow the Agency time to complete its work
and determine what, if any, treatment of biogenic CO2
emissions should be in the PSD and Title V programs. The biomass
deferral rule is not EPA's final determination on the treatment of
biogenic CO2 emissions in those programs. The Agency plans
to complete its science and technical review and any follow-on
rulemakings within the three-year deferral period and further believes
that three years is ample time to complete these tasks. It is possible
that the subsequent rulemaking, depending on the nature of EPA's
determinations, would supersede the biomass deferral rulemaking and
become effective in fewer than three years. In that event, Maryland may
revise its SIP accordingly.
    For stationary sources co-firing fossil fuel and biologically-based
fuel, and/or combusting mixed fuels (e.g., tire derived fuels,
municipal solid waste (MSW)), the biogenic CO2 emissions
from that combustion are included in the biomass deferral. However, the
fossil CO2 emissions are not. Emissions of CO2
from processing of mineral feedstocks (e.g., calcium carbonate) are
also not included in the deferral. Various methods are available to
calculate both the biogenic and fossil portions of CO2
emissions, including those methods contained in the GHG Reporting
Program (40 CFR Part 98). Consistent with the other pollutants in PSD
and Title V, there are no requirements to use a particular method in
determining biogenic and fossil CO2 emissions.
    EPA's final biomass deferral rule is an interim deferral for
biogenic CO2 emissions only and does not relieve sources of
the obligation to meet the PSD and Title V permitting requirements for
other pollutant emissions that are otherwise applicable to the source
during the deferral period or that may be applicable to the source at a
future date pending the results of

EPA's study and subsequent rulemaking action. This means, for example,
that if the deferral is applicable to biogenic CO2 emissions
from a particular source during the three-year effective period and the
study and future rulemaking do not provide for a permanent exemption
from PSD and Title V permitting requirements for the biogenic
CO2 emissions from a source with particular characteristics,
then the deferral would end for that type of source and its biogenic
CO2 emissions would have to be appropriately considered in
any applicability determinations that the source may need to conduct
for future stationary source permitting purposes, consistent with that
subsequent rulemaking and the Final Tailoring Rule (e.g., a major
source determination for Title V purposes or a major modification
determination for PSD purposes). EPA also wishes to clarify that we do
not require that a PSD permit issued during the deferral period be
amended or that any PSD requirements in a PSD permit existing at the
time the deferral took effect, such as BACT limitations, be revised or
removed from an effective PSD permit for any reason related to the
deferral or when the deferral period expires.
    Section 52.21(w) of 40 CFR requires that any PSD permit shall
remain in effect, unless and until it expires or it is rescinded, under
the limited conditions specified in that provision. Thus, a PSD permit
that is issued to a source while the deferral was effective need not be
reopened or amended if the source is no longer eligible to exclude its
biogenic CO2 emissions from PSD applicability after the
deferral expires. However, if such a source undertakes a modification
that could potentially require a PSD permit and the source is not
eligible to continue excluding its biogenic CO2 emissions
after the deferral expires, the source will need to consider its
biogenic CO2 emissions in assessing whether it needs a PSD
permit to authorize the modification.
    Any future actions to modify, shorten, or make permanent the
deferral for biogenic sources are beyond the scope of the biomass
deferral action and this proposed approval of the deferral into the
Maryland SIP, and will be addressed through subsequent rulemaking. The
results of EPA's review of the science related to net atmospheric
impacts of biogenic CO2 and the framework to properly
account for such emissions in Title V and PSD permitting programs based
on the study are prospective and unknown. Thus, we are unable to
predict which biogenic CO2 sources, if any, currently
subject to the deferral as incorporated into the Maryland SIP would be
subject to any permanent exemptions or which currently deferred sources
would be potentially required to account for their emissions in the
future rulemaking EPA has committed to undertake for such purposes in
three or fewer years. Only in that rulemaking can EPA address the
question of extending the deferral or putting in place requirements
that would have the equivalent effect on sources covered by the biomass
deferral. Once that rulemaking has occurred, Maryland may address
related revisions to its SIP.

II. Summary of SIP Revision

    Similar to our approach with the Tailoring Rule, EPA incorporated
the biomass deferral into the regulations governing state programs and
into the Federal PSD program by amending the definition of ``subject to
regulation'' under 40 CFR sections 51.166 and 52.21 respectively. As
discussed above, Maryland implements its PSD program by incorporating
section 52.21 by reference. This incorporation references a date
specific version of the CFR and is updated periodically and submitted
to EPA for approval into the SIP. In order to adopt the Biomass
Deferral, Maryland has revised COMAR <IP_ADDRESS>B(1) to incorporate the
2009 version of 40 CFR 52.21 ``as amended by'' the Tailoring Rule and
the Biomass Deferral. Additionally, the definitions of ``PSD source''
and greenhouse gas'' at COMAR <IP_ADDRESS> and <IP_ADDRESS> respectively
have been revised to incorporate the Biomass Deferral.

III. Proposed Action

    EPA's review of this material indicates that it is consistent with
Federal regulations. EPA is proposing to approve the Maryland SIP
revision incorporating the Biomass Deferral, which was submitted on
April 4, 2012. EPA is soliciting public comments on this proposed
approval of Maryland's SIP revision request. These comments will be
considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule relating to the Biomass Deferral
and GHG permitting under Maryland's PSD program does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is not approved to apply in Indian
country located in the state, and EPA notes that it will not impose
substantial direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

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

    Dated: August 23, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-22098 Filed 9-6-12; 8:45 am]
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[Federal Register Volume 87, Number 197 (Thursday, October 13, 2022)]
[Notices]
[Pages 62092-62093]
[FR Doc No: 2022-22173]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-161-000]

Gulf South Pipeline Company, LLC; Notice of Availability of the
Environmental Assessment for the Proposed Index 130 MS River
Replacement Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) for the Index
130 MS River Replacement Project, proposed by Gulf South Pipeline
Company, LLC (Gulf South) in the above-referenced docket. To
accommodate the Mississippi River Ship Channel Deepening Project, Gulf
South requests authorization to replace via horizontal directional
drill (HDD) its MS River Crossing consisting of three 20-inch-diameter
pipelines with approximately 5,750 feet of two 30-inch-diameter
pipelines under the Mississippi River, in Ascension Parish, Louisiana.
    The EA assesses the potential environmental effects of the
construction and operation of the Index 130 MS River Replacement
Project in accordance with the requirements of the National
Environmental Policy Act (NEPA). The FERC staff concludes that approval
of the proposed project, with appropriate mitigating measures, would
not constitute a major federal action significantly affecting the
quality of the human environment.
    In the proposed Index 130 MS River Replacement Project, Gulf South
requests authorization to:
     replace via HDD its existing pipelines, MS River Crossing,
under the Mississippi River and install tie-in, auxiliary and
appurtenant equipment including new mainline valves all to reconnect to
the existing mainlines;
     abandon in-place and by removal the existing MS River
Crossing; and
     reconfigure its tie-in for an existing Gulf South
pipeline, Index 804 located on the east bank of the Mississippi River,
which would require constructing approximately 730 feet of 6-inch-
diameter pipeline to a new tie-in point on the Index 130 and 130L.
    The Commission mailed a copy of the Notice of Availability to
federal, state, and local government representatives and agencies;
elected officials; environmental and public interest groups; Native
American tribes; potentially affected landowners and other interested
individuals and groups; and newspapers and libraries in the project
area. The EA is only available in electronic format. It may be viewed
and downloaded from the FERC's website (www.ferc.gov), on the natural
gas environmental documents page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). In addition, the EA
may be accessed by using the eLibrary link on the FERC's website. Click
on the eLibrary link (https://elibrary.ferc.gov/eLibrary/search),
select ``General Search'' and enter the docket number in the ``Docket
Number'' field, excluding the last three digits (i.e., CP22-161). 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, reasonable alternatives, and measures to avoid or lessen
environmental impacts. The more specific your comments, the more useful
they will be. To ensure that the Commission has the opportunity to
consider your comments prior to making its decision on this project, it
is important that we receive your comments in Washington, DC on or
before 5:00 p.m. Eastern Time on November 4, 2022.
    For your convenience, there are three methods you can use to file
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or [email 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 also file your comments electronically using the
eFiling feature on the Commission's website (www.ferc.gov) under the
link to FERC Online. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP22-
161-000) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Filing environmental comments will not give you intervenor status,
but you do not need intervenor status to have your comments considered.
Only intervenors have the right to seek rehearing or judicial review of
the Commission's decision. At this point in this proceeding, the
timeframe for filing timely intervention requests has expired. Any
person seeking to become a party to the proceeding must file a motion
to intervene out-of-time pursuant to Rule 214(b)(3) and (d) of the
Commission's Rules of Practice and Procedures (18 CFR 385.214(b)(3) and
(d)) and show good cause why the time limitation should be waived.
Motions to intervene are more fully described at https://www.ferc.gov/ferc-online/ferc-online/how-guides.
    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. The eLibrary link
also provides access to the texts of all formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to https://www.ferc.gov/ferc-online/overview to
register for eSubscription.

    Dated: October 5, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-22173 Filed 10-12-22; 8:45 am]
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