[Federal Register: August 10, 2007 (Volume 72, Number 154)]
[Notices]
[Page 45034-45035]
[DOCID:fr10au07-72]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP06-470-000; CP06-471-000; CP06-472-000; CP06-473-000;
CP06-474-000]

Southern Lng Inc.; Elba Express Company, LLC; Southern Natural
Gas Company; Notice of Availability of the Final Environmental Impact
Statement for the Elba III Project

August 3, 2007.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) in cooperation with the U.S. Army Corps of Engineers (COE);
U.S. Coast Guard (Coast Guard); and the National Oceanic and
Atmospheric Administration, National Marine Fisheries Service has
prepared this final Environmental Impact Statement (EIS) for the Elba
III Project. The project is proposed by Southern Natural Gas Company
(Southern) and its subsidiaries Southern LNG Inc. (Southern LNG) and
Elba Express Company, L.L.C. (EEC). The proposed facilities consist of
an expansion of Southern LNG's existing onshore Elba Island Liquefied
Natural Gas (LNG) Import Terminal on the Savannah River in Georgia and
construction and operation of the Elba Express Pipeline--a natural gas
pipeline with compression and other appurtenant facilities in various
counties in Georgia and South Carolina.
    The final EIS was prepared to satisfy the requirements of the
National Environmental Policy Act of 1969 (NEPA). Its purpose is to
inform the Commission, the public, and other permitting agencies about
the potential adverse and beneficial environmental impacts associated
with the proposed project. It also recommends practical, reasonable,
and appropriate mitigation measures which would avoid or reduce
significant adverse impacts to the maximum extent practicable and,
where feasible, to less than significant levels.
    In addition to the proposed action, the final EIS evaluates
alternatives, including alternative energy sources, system
alternatives, alternative sites for the LNG import terminal,
alternative designs, pipeline alternatives, and alternatives to the
Coast Guard Letter of Recommendation (LOR) action. The final EIS
concludes that the Elba III Project is unlikely to result in
significant adverse environmental impact on particular resources within
the Zones of Concern because it is unlikely that a substantial cargo
release would occur. In addition, if the project is constructed and
operated in accordance with applicable laws and regulations, Southern
LNG and EEC's proposed mitigation, and the additional mitigation
recommendations (see section 5), it would be an environmentally
acceptable action.

Proposed Facilities--Elba Terminal Expansion

    Southern LNG plans to construct and operate an expansion of its
existing LNG import terminal on Elba Island near Savannah, in Chatham
County, Georgia. The expansion would; (a) More than double the
terminal's LNG storage capacity by adding 405,000 cubic meters (m\3\)
of new storage; (b) substantially increase the facility's existing
vaporization capacity; (c) upgrade the terminal's send-out meter
station capacity by an additional 900 million cubic feet per day
(MMcfd); and (d) modify the terminal's LNG tanker berthing and
unloading facilities to accommodate larger tankers and provide
simultaneous unloading of two LNG tankers. Terminal expansion would
entail an increase in the frequency (and potentially the size) of LNG
vessels using the Savannah River transit route. All of the planned
facilities would be located entirely within the existing 190-acre
facility site on Elba Island.
    The LNG terminal expansion would be constructed in two phases, A
and B. Phase A would be completed as early as January 2010 and would
include the following facilities:
    a. One new 200,000 m\3\ (1.25 million barrels) LNG storage tank,
one associated boil-off gas condenser, and three boil-off gas
compressors;
    b. Three submerged combustion vaporizers, each with a peak capacity
of 180 MMcfd (providing a total peak send-out capacity of 1,755 MMcfd
for the full facility at the completion of phase A); and
    c. Modifications to the unloading docks to accommodate new, larger
LNG tankers and to allow simultaneous unloading of two LNG tankers. The
modifications to the dual berthing slip include:
     Adding four mooring dolphins (two for each berth);
     Dredging approximately 72,000 cubic yards of material from
the slope at the back of the existing slip (and

disposing of dredged material into the existing spoil disposal area
adjacent to the terminal); and
     Installing a sheet pile bulkhead at the back of the slip.
    These modifications would allow the slip to accommodate larger LNG
tankers with an approximate overall length of 345 meters (m) (compared
to the current 288 m), breadth of 55 m (currently 49 m), design laden
draft of 12.0 m (currently 11.7 m), and displacement of 177,000 metric
tons (currently 128,000 metric tons). Slip modifications are designed
to accommodate LNG vessels capable of transporting up to 266,000 m\3\
of LNG, although carriers currently in service and delivering to the
Elba terminal typically transport between 125,000 and 145,000 m\3\.
    Phase B would be completed no later than December 2012 and would
include the following facilities:
    a. One new 200,000 m\3\ LNG storage tank; and
    b. Three submerged combustion vaporizers (two for service and one
spare), each with a peak send-out capacity of 360 MMcfd (providing a
total peak send-out capacity of 2,115 MMcfd for the full facility at
the completion of phase B).
    Each of the two phases would include all necessary ancillary
equipment including related pumps, piping, controls and appurtenances,
and associated systems (electrical, mechanical, civil, instrumentation,
hazard detection, and fire protection) and buildings necessary to
accommodate the associated tanks and vaporizer units. Southern LNG
estimates that following the expansion, the terminal would receive LNG
shipments about every 5 to 10 days, depending on natural gas demand and
LNG carrier size.

Elba Express Pipeline

    EEC plans to construct and operate about 188 miles of new natural
gas pipeline and appurtenant facilities in Georgia and South Carolina.
The pipeline would be constructed in two phases, extending between an
interconnection with Southern near Port Wentworth, Chatham County,
Georgia on the southern end and an interconnection with
Transcontinental Gas Pipe Line Corporation (Transco) in Anderson
County, South Carolina on the northern end.
    The first phase is proposed to be placed in service no later than
July 2011 with a design capacity of 945 MMcfd, and would consist of:
    a. The ``Southern Segment,'' which includes about 104.8 miles of
42-inch-diameter pipeline extending from Port Wentworth to the existing
Southern Wrens Compressor Station (Wrens) in Jefferson County, Georgia
(to be collocated in a corridor with existing Southern pipelines); and
    b. The ``Northern Segment,'' which includes about 10 miles of 42-
inch-diameter pipeline and 72.3 miles of 36-inch-diameter pipeline
extending from Wrens to interconnections with Transco in Hart County,
Georgia, and Anderson County, South Carolina.
    The second phase would involve construction and operation of a new
compressor station of about 10,000 horsepower near Millen, Jenkins
County, Georgia. The compressor station would increase the pipeline
design capacity by 230 MMcfd to a total of 1,175 MMcfd, and is proposed
to be placed in service no later than January 2013.
    The Coast Guard has assessed potential risks to navigation safety
and port security associated with the proposed project. The Coast
Guard's safety and security assessment is documented in the Captain of
the Port's Waterway Suitability Report (WSR). The final EIS includes an
analysis of the environmental impacts related to the Coast Guard's LOR
regarding the suitability of the Savannah River for more frequent and
larger LNG vessel operations.
    The Coast Guard Captain of the Port will issue an LOR to Southern
LNG and the appropriate federal, state and local agencies, in
accordance with 33 CFR 127.009. The LOR, which will be based on the
Coast Guard's WSR, is an official determination regarding the
suitability or unsuitability of the waterway to support the proposed
terminal expansion and associated LNG marine traffic. The Coast Guard
intends to adopt all or portions of this EIS to serve as the NEPA
analysis for the LOR. The LOR will not be issued until after the NEPA
process has been completed.
    Additional information about the Elba III Project and relevant
Coast Guard authorities and responsibilities can be obtained from:
Charlie Johnson, Port Security Specialist, Coast Guard Marine Safety
Unit Savannah, 100 W. Oglethorpe Avenue, JGL Federal Building,Savannah,
GA 31401,<PHONE_NUMBER> ext. 271.
    The final EIS has been placed in the public files of the FERC and
is available for distribution and public inspection at: Federal Energy
Regulatory Commission, Public Reference Room, 888 First Street, NE.,
Room 2A, Washington, DC 20426,<PHONE_NUMBER>.
    A limited number of hard copies and CD-ROMs are available from the
Public Reference Room identified above. CD-ROM copies of the final EIS
have been mailed to federal, state, and local agencies; public interest
groups; libraries and newspapers in the project area; affected
landowners; individuals who requested a copy of the final EIS; and
parties to these proceedings. Hard copy versions of the final EIS were
mailed to those specifically requesting them.
    The COE is accepting comments on this final EIS for a period of 30
days after a notice of its availability is published in the Federal
Register. The COE is particularly interested in comments pertaining to
decisions it must make on the Elba III Project. These include a Section
404 Permit for expansion of the existing terminal, a Section 404 Permit
for wetland impacts associated with construction of the pipeline, an
easement where the pipeline crosses COE-managed lands, modifications to
existing COE wildlife mitigation lands, and approval for a large fuel-
carrying pipeline across federal property. Comments on these issues may
be submitted either by e-mail to the following address:
<EMAIL_ADDRESS>or in hard copy to the following

address: U.S. Army Corps of Engineers, Savannah District, ATTN: Mr.
William Bailey (PD-E), Post Office Box 889, Savannah, GA 31402-0889.
    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet website (http://www.ferc.gov) using the eLibrary link.

Click on the ``eLibrary'' link, click on ``General Search'' and enter
the docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,

contact<PHONE_NUMBER>. The eLibrary link on the FERC Internet Web site
also provides access to the texts of formal documents issued by the
Commission, such as orders, notices, and rulemakings.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-15633 Filed 8-9-07; 8:45 am]

BILLING CODE 6717-01-P


OSHA launches initiative to protect temporary workers

Workers’ Memorial Day remembers those who died on the job

WASHINGTON – The U.S. Department of Labor’s Occupational Safety and
Health Administration today announced an initiative to further protect
temporary employees from workplace hazards. The announcement was made
during a program at the department’s headquarters marking Workers’
Memorial Day – an annual observance to honor workers who have died on
the job and renew a commitment to making work sites across the country
safer.

OSHA today sent a memorandum to the agency’s regional administrators
directing field inspectors to assess whether employers who use temporary
workers are complying with their responsibilities under the Occupational
Safety and Health Act. Inspectors will use a newly created code in their
information system to denote when temporary workers are exposed to
safety and health violations. Additionally, they will assess whether
temporary workers received required training in a language and
vocabulary they could understand. The memo, which can be viewed at
HYPERLINK "http://s.dol.gov/ZM"  http://s.dol.gov/ZM , underscores the
duty of employers to protect all workers from hazards.

“On Workers’ Memorial Day, we mourn the loss of the thousands of
workers who die each year on the job from preventable hazards,” said
Dr. David Michaels, assistant secretary of labor for occupational safety
and health. “Many of those killed and injured are temporary workers
who often perform the most dangerous jobs have limited English
proficiency and are not receiving the training and protective measures
required. Workers must be safe, whether they’ve been on the job for
one day or for 25 years.”

Workers’ Memorial Day is observed nationally on April 28.

In addition, OSHA has begun working with the American Staffing
Association and employers that use staffing agencies, to promote best
practices ensuring that temporary workers are protected from job
hazards.

In recent months, OSHA has received a series of reports about temporary
workers suffering fatal injuries – many during their first days on a
job. OSHA has issued citations when the employer failed to provide
adequate protections, including safety training.

Last week, the department’s Bureau of Labor Statistics released new
data from the Census of Fatal Occupational Injuries about workers killed
on the job in 2011. Fatal work injuries involving contractors accounted
for 542 – or 12 percent – of the 4,693 fatal work injuries reported.
Hispanic/Latino contractors accounted for 28 percent of fatal work
injuries among contractors, well above their 16 percent share of the
overall fatal work injury total for the year. Additional details are
available at   HYPERLINK
"http://www.bls.gov/iif/oshwc/cfoi/contractor2011.pdf"
http://www.bls.gov/iif/oshwc/cfoi/contractor2011.pdf .

U.S. Department of Labor	   For Immediate Release	April 29, 2013

Office of Public Affairs				 Contact:  Jesse Lawder	   Adriano Llosa

Washington, D.C.					 Phone:<PHONE_NUMBER><PHONE_NUMBER>

Release Number: 13-800-NAT			 Email:   HYPERLINK
<EMAIL_ADDRESS><EMAIL_ADDRESS>     HYPERLINK
<EMAIL_ADDRESS><EMAIL_ADDRESS>

U.S. Department of Labor news materials are accessible at   HYPERLINK
"http://www.dol.gov"  http://www.dol.gov . The information above is
available in large print, Braille or CD from the COAST office upon
request by calling<PHONE_NUMBER> or TTY<PHONE_NUMBER>.


[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13284-13286]
[FR Doc No: 2018-06135]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-1129]

Agency Information Collection Activities; Proposed Collection;
Comment Request; National Agriculture and Food Defense Strategy Survey

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information and to
allow 60 days for public comment in response to the notice. This notice
solicits comments on the information collection requirements for a
voluntary survey for the U.S. Department of

Health and Human Services (HHS), the U.S. Department of Agriculture
(USDA), and the U.S. Department of Homeland Security (DHS), which will
inform the FDA Food Safety Modernization Act (FSMA), National
Agriculture and Food Defense Strategy (NAFDS) Report to Congress that
is required by April 2019. The proposed survey will be used to
determine what food defense activities, if any, State Agencies have
completed to date.

DATES: Submit either electronic or written comments on the collection
of information by May 29, 2018.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before May 29, 2018. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of May 29, 2018. Comments received by
mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2018-N-1129 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; National Agriculture and Food
Defense Strategy Survey.'' Received comments, those filed in a timely
manner (see ADDRESSES), will be placed in the docket and, except for
those submitted as ``Confidential Submissions,'' publicly viewable at
https://www.regulations.gov or at the Dockets Management Staff between
9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information before
submitting the collection to OMB for approval. To comply with this
requirement, FDA is publishing notice of the proposed collection of
information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

National Agriculture and Food Defense Strategy Survey

OMB Control Number--0910--New

    We are seeking OMB approval of the NAFDS under FSMA, section 108.
This is a voluntary survey of State governments intended to gauge
government activities in food and agriculture defense from intentional
contamination and emerging threats. The collected information will be
included in the mandatory 2019 NAFDS followup Report to Congress. The
authority for FDA to collect the information derives from the

Commissioner of Food and Drugs' authority provided in section
1003(d)(2)(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
393(d)(2)(c)).
    Protecting the nation's food and agriculture supply against
intentional contamination and other emerging threats is an important
responsibility shared by Federal, State, local, tribal, and territorial
governments as well as private sector partners. On January 4, 2011, the
President signed FSMA. FSMA focuses on ensuring the safety of the U.S.
food supply by shifting the efforts of Federal regulators from response
to prevention, and recognizes the importance of strengthening existing
collaboration among all stakeholders to achieve common public health
and security goals. FSMA identifies some key priorities for working
with partners in areas such as reliance on Federal, State, and local
agencies for inspections; improving foodborne illness surveillance; and
leveraging and enhancing State and local food safety and defense
capacities. Section 108 of FSMA (NAFDS) requires HHS and the USDA, in
coordination with the DHS, to work together with State, local,
territorial, and tribal governments-to monitor and measure progress in
food defense.
    In 2015, the initial NAFDS Report to Congress detailed the specific
Federal response to food and agriculture defense goals, objectives, key
initiatives, and activities that HHS, USDA, DHS, and other stakeholders
planned to accomplish to meet the objectives outlined in FSMA. The
NAFDS charts a direction for how the Federal Agencies, in cooperation
with State, local, territorial, and tribal governments and private
sector partners, protect the nation's food supply against intentional
contamination. Not later than 4 years after the initial NAFDS Report to
Congress (2015), and every 4 years thereafter (i.e., 2019, 2023, 2017,
etc.), HHS, USDA, and DHS are required to revise and submit an updated
report to the relevant committees of Congress.
    HHS/FDA is primarily responsible for obtaining the information from
Federal and State, local, territorial, and tribal partners to complete
the NAFDS Report to Congress. An interagency working group will conduct
the survey and collect and update the NAFDS as directed by FSMA,
including developing metrics and measuring progress for the evaluation
process.
    The proposed survey of Federal and State partners will be used to
determine what food defense activities, if any, Federal and/or State
Agencies have completed (or are planning) from 2015 to 2019. Planning
for the local, territorial, and tribal information collections will
commence after the collection and reporting of Federal and State Agency
level data.
    This survey will be repeated approximately every 2 to 4 years, as
described in section 108 of FSMA, NAFDS, for the purpose of monitoring
progress in food and agricultural defense by government agencies.
    A purposive sampling strategy will be employed, such that the
government agencies participating in food and agricultural defense
cooperative agreements with FDA (22 State Agencies) and USDA (27 State
Agencies) will be asked to respond to the voluntary survey. Food
defense leaders responsible for conducting food defense activities
during a food emergency for their jurisdiction will be identified and
will receive an emailed invitation to complete the survey online; they
will be provided with a web link to the survey. The survey will be
conducted electronically on the FDA.gov web portal, and results will be
analyzed by the interagency working group.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Number of
                  Activity                       Number of     responses per   Total annual           Average burden per response           Total hours
                                                respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Survey................................              49               1              49  0.33 (20 minutes).........................           16.17
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    The total burden for this collection of information, therefore, is
16.17 hours.
    The FDA Office of Partnerships reviewed the questionnaire and
provided the amount of time to complete the survey. The total burden is
based on our previous experiences conducting surveys.

    Dated: March 22, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-06135 Filed 3-27-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Page 9578]
[FR Doc No: 2016-03984]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2016-0023]

Petition for Exemption; Summary of Petition Received; Liberty
Mutual Insurance Company

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Title 14 of the Code of Federal
Regulations. The purpose of this notice is to improve the public's
awareness of, and participation in, the FAA's exemption process.
Neither publication of this notice nor the inclusion or omission of
information in the summary is intended to affect the legal status of
the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before March 16, 2016.

ADDRESSES: Send comments identified by docket number FAA-2015-0513
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dan Ngo,<PHONE_NUMBER>. 800
Independence Avenue SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on February 19, 2016.
Dale A. Bouffiou,
Acting Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2015-0513
    Petitioner: Liberty Mutual Insurance Company
    Section(s) of 14 CFR Affected: Sec. Sec.  61.23(a) and (c),
61.101(e)(4) and (5), 61.113(a) and (b), 61.315(a), 61.133(a), 91.7(a),
91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1)
and (2), and 91.417(a) and (b).
    Description of Relief Sought: The petitioner is requesting relief
from the restriction from operating an Unmanned Aircraft System (UAS)
closer than 500 feet to nonparticipating persons, vehicles, or
structures in order to conduct roof and building inspections in urban
and suburban environments. Petitioner seeks to establish a 25'
perimeter around the building or structure being inspected.

[FR Doc. 2016-03984 Filed 2-24-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Rules and Regulations]
[Pages 41311-41314]
[FR Doc No: 2013-16512]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0805; FRL-9832-4]

Approval of Air Quality Implementation Plans; Indiana; Approval
of ``Infrastructure'' SIP With Respect to Source Impact Analysis
Provisions for the 2006 24-Hour PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to its authority under the Clean Air Act (CAA), EPA
is taking final action to approve portions of submissions made by the
Indiana Department of Environmental Management (IDEM) to address the
section 110(a)(1) and (2) requirements of the CAA, often referred to as
the ``infrastructure'' state implementation plan (SIP). Specifically,
we are finalizing the approval of portions of IDEM's submissions
intended to meet certain requirements of sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), and 110(a)(2)(J) of the CAA with respect to the
2006 24-hour PM2.5 national ambient air quality standards
(2006 PM2.5 NAAQS). Among other provisions, these sections
of the CAA require states to perform source impact analyses as part of
their prevention of significant deterioration (PSD) programs. EPA is
finalizing approval of Indiana's

submissions intended to satisfy this requirement. The proposed rule
associated with this final action was published on August 2, 2012.

DATES: This final rule is effective on August 9, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2009-0805. All documents in the docket are listed in
the www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, will be
publicly-available only in hard copy. Publicly-available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the U.S. Environmental Protection Agency, Region 5, Air
and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois
60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding Federal holidays. We recommend that you
telephone Andy Chang at<PHONE_NUMBER> before visiting the Region 5
office.

FOR FURTHER INFORMATION CONTACT: Andy Chang, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

    I. What is the background for this action?
    II. What is the result of IDEM's SIP-approved update to the
definition of the 2006 PM2.5 NAAQS?
    III. What action is EPA taking?
    IV. Statutory and Executive Order Reviews.

I. What is the background for this action?

    Under sections 110(a)(1) and (2) of the CAA, and implementing EPA
policy, states are required to submit infrastructure SIPs to ensure
that their SIPs provide for implementation, maintenance, and
enforcement of the NAAQS, including the 2006 PM2.5 NAAQS.
These submissions must contain any revisions needed for meeting the
applicable SIP requirements of section 110(a)(2), or certifications
that their existing SIPs for particulate matter already met those
requirements.
    EPA highlighted this statutory requirement in an October 2, 2007,
guidance document entitled ``Guidance on SIP Elements Required Under
Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and
PM2.5 National Ambient Air Quality Standards'' (2007 Memo).
On September 25, 2009, EPA issued additional guidance pertaining to the
2006 PM2.5 NAAQS entitled ``Guidance on SIP Elements
Required Under Sections 110(a)(1) and (2) for the 2006 24-Hour Fine
Particle (PM2.5) National Ambient Air Quality Standards
(NAAQS)'' (2009 Memo). The SIP submissions referenced in this
rulemaking pertain to the applicable requirements of sections 110(a)(1)
and (2) of the CAA. Indiana made its infrastructure SIP submission for
the 2006 PM2.5 NAAQS on October 20, 2009, and provided
supplemental submissions to EPA on June 25, 2012, and July 12, 2012.
    On August 2, 2012, EPA published its proposed action on Region 5
states' submissions (see 77 FR 45992). Notably, we proposed to find
that Indiana had met the applicable infrastructure SIP requirements of
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J) concerning
state PSD programs generally, thereby satisfying the requirement that
the State has an adequate PSD program pursuant to these section for the
2006 PM2.5 NAAQS.
    During the comment period for the August 2, 2012, proposed
rulemaking, EPA received five comment letters, one of which observed
that the Indiana SIP was insufficient for purposes of the State's PSD
program for the 2006 PM2.5 NAAQS.\1\ The commenter noted
that 326 Indiana Administrative Code (IAC) 2-2-5(a)(1) requires an
analysis of a new or modified source's emissions demonstrating that the
emissions will not cause or contribute to air pollution in violation of
any ambient air quality standard, as designated in 326 IAC 1-3. The
language contained in 326 IAC 1-3 explicitly referenced only the 1997
PM2.5 NAAQS, and not the 2006 PM2.5 NAAQS of 35
micrograms per cubic meter. Therefore, a literal read of Indiana's PSD
regulations at the time of EPA's proposed rulemaking for the 2006
PM2.5 NAAQS infrastructure SIP indicated that a source
impact analysis would only need to comply with the 1997
PM2.5 NAAQS. The commenter did note that 326 IAC 2-1.1-5
contains language that would prohibit issuance of a registration,
permit, modification approval, or operating permit revision if issuance
would allow a source to cause or contribute to a violation of the
NAAQS. However, 326 IAC 2-1.1-5 is currently not in the SIP, and the
language contained therein had not been submitted by Indiana for
incorporation into the SIP.
---------------------------------------------------------------------------

    \1\ EPA addressed the remainder of the comment letters in a
separate rulemaking (see 77 FR 65478).
---------------------------------------------------------------------------

    As a result of this comment received in response to our August 2,
2012, proposed rulemaking, we did not promulgate final action on this
limited aspect of Indiana's infrastructure SIP in our October 29, 2012,
final rulemaking (see 77 FR 65478). We did, however, promulgate final
action on the majority of all other applicable elements of Indiana's
infrastructure SIP. In the October 29, 2012, rulemaking, we committed
to address the source impact analysis requirements of Indiana's PSD
program in a separate action; this final rulemaking serves as that
action.

II. What is the result of IDEM's SIP-approved update to the definition
of the 2006 PM2.5 NAAQS?

    Integral to the applicable infrastructure SIP requirements for
IDEM's PSD program with respect to the source impact analysis
requirements for the 2006 PM2.5 NAAQS was the need for the
state to update its definitions contained in 326 IAC 1-3 to reflect the
2006 PM2.5 NAAQS and submit these revisions for
incorporation into the SIP. On April 19, 2013, EPA published its direct
final approval of revisions to IDEM's SIP at 326 IAC 1-3-4(b)(8) that
among other things, contained the Federally promulgated 2006
PM2.5 NAAQS codified at 40 CFR 50.13 (see 78 FR 23492).
Notably, the revisions aligned the state and Federal ambient air
quality standards, calculations for compliance, and ambient
concentration collection methods for the 2006 PM2.5
NAAQS. No adverse comments were received on this notice, and
the SIP revisions became effective on June 18, 2013.
    As a result of EPA's April 19, 2013, action, the requirements
contained in 326 IAC 2-2-5(a)(1), i.e., the requirement for an analysis
of a new or modified source's emissions demonstrating that the
emissions will not cause or contribute to air pollution in violation of
any ambient air quality standard, as designated in 326 IAC 1-3, now
also apply to the 2006 PM2.5 NAAQS, as codified in 40 CFR
50.13. Therefore, Indiana has met the PSD program source impact
analysis requirements for sections 110(a)(2)(C), 110(a)(2)(D)(ii), and
110(a)(2)(J) of the CAA with respect to the 2006 PM2.5
NAAQS.

III. What action is EPA taking?

    For the reasons discussed above, EPA is taking final action to
approve portions of Indiana's infrastructure SIP

submissions for the 2006 PM2.5 NAAQS with respect to
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J) of the
CAA. Specifically, we are finalizing approval of the relevant portions
of Indiana's submissions because the state's SIP-approved PSD program
now requires a source impact analysis for the Federally promulgated
2006 PM2.5 NAAQS codified at 40 CFR 50.13.

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 approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 9, 2013. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the Proposed Rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements.

    Dated: June 25, 2013.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

0
2. In Sec.  52.770 the table in paragraph (e) is amended by revising
the entry for ``Section 110(a)(2) Infrastructure Requirements for the
2006 24-Hour PM2.5 NAAQS''.
    The revised text reads as follows:

Sec.  52.770  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
             Title                  Indiana date                 EPA approval                   Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 110(a)(2)                10/20/2009, 6/25/   7/10/2013 [INSERT PAGE NUMBER WHERE  This action addresses
 Infrastructure Requirements      2012, 7/12/2012.    THE DOCUMENT BEGINS].                the following CAA
 for the 2006 24-Hour PM2.5                                                                elements:
 NAAQS.                                                                                110(a)(2)(A), (B),
                                                                                (C), (D)(i)(II),
                                                                                (D)(ii), (E), (F),
                                                                                (G), (H), (J), (K),
                                                                                (L), and (M). We are
                                                                                finalizing approval
                                                                                of the PSD source
                                                                                impact analysis
                                                                                requirements of
                                                                                section 110(a)(2)(C),
                                                                                (D)(i)(II), and (J),
                                                                                but are not
                                                                                finalizing action on
                                                                                the visibility
                                                                                protection
                                                                                requirements of
                                                                                (D)(i)(II), and the
                                                                                state board
                                                                                requirements of
                                                                                (E)(ii). We will
                                                                                address these
                                                                                requirements in a
                                                                                separate action.

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

[FR Doc. 2013-16512 Filed 7-9-13; 8:45 am]
BILLING CODE 6560-50-P