[Federal Register: September 17, 2008 (Volume 73, Number 181)]
[Notices]
[Page 53877-53878]
[DOCID:fr17se08-90]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0490]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Voluntary Cosmetic Registration Program

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

SUMMARY:  The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the collection of information
associated with the Voluntary Cosmetic Registration Program.

DATES:  Submit written or electronic comments on the collection of
information by November 17, 2008.

ADDRESSES:  Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT:  Jonna Capezzuto, Office of
Information Management (HFA-710), Food and Drug Administration, 5600
Fishers Lane, Rockville, MD 20857,<PHONE_NUMBER>.

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, including
each proposed extension of an existing 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.

Voluntary Cosmetic Registration Program--21 CFR Part 720 (OMB Control
Number 0910-0030)--Extension

    The Federal Food, Drug, and Cosmetic Act (the act) provides FDA
with the authority to regulate cosmetic products in the United States.
Cosmetic products that are adulterated under section 601 of the act (21
U.S.C. 361) or misbranded under section 602 of the act (21 U.S.C. 362)
may not be distributed in interstate commerce. To assist FDA in
carrying out its responsibility to regulate cosmetics, the agency has
developed the Voluntary Cosmetic Registration Program (VCRP). In part
720 (21 CFR part 720), FDA requests that firms that manufacture, pack,
or distribute cosmetics file with the agency an ingredient statement
for each of their products. Ingredient statements for new submissions
(Sec. Sec.  720.1 through 720.4) are reported on Form FDA 2512,
``Cosmetic Product Ingredient Statement,'' and on Form FDA 2512a, a
continuation form. Amendments to product formulations (Sec. Sec.
720.3, 720.4, and 720.6) also are reported on Forms FDA 2512 and FDA
2512a. When a firm discontinues the commercial distribution of a
cosmetic, FDA requests that the firm file Form FDA 2514,
``Discontinuance of Commercial Distribution of Cosmetic Product
Formulation'' (Sec. Sec.  720.3 and 720.6). If any of the information
submitted on or with these forms is confidential, the firm may submit a
request for confidentiality under Sec.  720.8.
    FDA's online filing system, intended to make it easier to
participate in the VCRP, was made available industry-wide on December
1, 2005. The online filing system is available on FDA's VCRP Web site
at http://www.cfsan.fda.gov/~dms/cos-regn.html. The online filing
system contains the electronic versions of Forms FDA 2512, 2512a, and
2514, which are collectively found within the electronic version of
Form FDA 2512. The agency strongly encourages electronic filing of Form
FDA 2512 because it is faster and more convenient. A filing facility
will receive confirmation of electronic filing by e-mail. Submission of
the paper version of Forms FDA 2512, 2512a, and 2514 remains an option
as described in http://www.cfsan.fda.gov/~dms/cos-reg2.html. However,
due to the high volume of online participation, the VCRP is allocating
its limited resources primarily to electronic filings.
    FDA places cosmetic product filing information in a computer data
base and uses the information for evaluation of cosmetic products
currently on the market. Because filing of cosmetic product
formulations is not mandatory, voluntary filings provide FDA with the
best information available about cosmetic product ingredients and their
frequency of use, businesses engaged in the manufacture and
distribution of cosmetics, and approximate rates of product
discontinuance and formula modifications. The information assists FDA
scientists in evaluating reports of alleged injuries and adverse
reactions from the use of cosmetics. The information also is used in
defining and planning analytical and toxicological studies pertaining
to cosmetics.
    Information from the database is releasable to the public under FDA
compliance with the Freedom of Information Act. FDA shares
nonconfidential information from its files on cosmetics with consumers,
medical professionals, and industry.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1.--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
                                 No. of       Annual Frequency    Total Annual      Hours per
 21 CFR Section   Form No.    Respondents       per Response       Responses        Response       Total Hours
----------------------------------------------------------------------------------------------------------------
720.1 through    FDA                    141                 31             4371            0.33          1,442
 720.4 (new       2512\2\
 submissions)
----------------------------------------------------------------------------------------------------------------
720.4 and 720.6  FDA 2512               109                  7              763            0.17            130
 (amendments)
----------------------------------------------------------------------------------------------------------------
720.3, 720.6     FDA 2512                55                 41            2,255            0.1             226
 (notices of
 discontinuance
 )
----------------------------------------------------------------------------------------------------------------
720.8 (requests  .........                1                  1                1            1.5               1.5
 for
 confidentialit
 y)
----------------------------------------------------------------------------------------------------------------
Total                                                                                1,800
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ The term ``Form FDA 2512'' refers to both the paper Forms FDA 2512, 2512a, and 2514 and electronic Form FDA
  2512 in the electronic system known as the Voluntary Cosmetic Registration Program, which is available at
  http://www.cfsan.fda.gov/~dms/cos-regn.html.

    The estimated number of respondents is based on submissions
received from fiscal years 2005 to 2007. The estimated time required
for each submission is based upon information from cosmetic industry
personnel and FDA experience entering data submitted on paper Forms FDA
2512, 2512a, and 2514. The increase in total annual responses is due to
increased participation by cosmetic companies, because of a renewed
industry commitment to the program, and implementation of the online
filing system on December 1, 2005. The decrease in hours per response
is due to the ease of online filing.
    Please note that on January 15, 2008, the FDA Division of Dockets
Management Web site transitioned to the Federal Dockets Management
System (FDMS). FDMS is a Government-wide, electronic docket management
system. Electronic comments or submissions will be accepted by FDA only
through FDMS at http://www.regulations.gov.

    Dated: September 10, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-21617 Filed 9-16-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Notices]
[Pages 61626-61628]
[FR Doc No: 2018-26005]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP19-17-000]

Midship Pipeline Company, LLC; Notice of Intent To Prepare an
Environmental Assessment for a Proposed Amendment of the Midcontinent
Supply Header Interstate Pipeline Project and Request for Comments on
Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of a proposed amendment (0.8-mile
reroute) of Midship Pipeline Company, LLC's (Midship Pipeline)
Midcontinent Supply Header Interstate Pipeline Project (MIDSHIP
Project) in Bryan County, Oklahoma.\1\ The Commission will use this EA
in its decision-making process to determine whether the amendment is in
the public convenience and necessity.
---------------------------------------------------------------------------

    \1\ On August 13, 2018, the Commission issued a Certificate of
Public Convenience and Necessity for the 234.1-mile-long MIDSHIP
Project under Docket No. CP17-458-000.
---------------------------------------------------------------------------

    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies about issues regarding the amendment/reroute. The National
Environmental Policy Act (NEPA) requires the Commission to take into
account the environmental impacts that could result from its action
whenever it considers the issuance of a Certificate of Public
Convenience and Necessity. NEPA also requires the Commission to
discover concerns the public may have about proposals. This process is
referred to as ``scoping.'' The main goal of the scoping process is to
focus the analysis in the EA on the important environmental issues. By
this notice, the Commission requests public comments on the scope of
the issues to address in the EA. To ensure that your comments are
timely and properly recorded, please submit your comments so that the
Commission receives them in Washington, DC on or before 5:00 p.m.
Eastern Time on December 24, 2018.
    You can make a difference by submitting your specific comments or
concerns about the reroute. Your comments should focus on the potential
environmental effects, reasonable alternatives, and measures to avoid
or lessen environmental impacts. Your input will help the Commission
staff determine what issues they need to evaluate in the EA. Commission
staff will consider all filed comments during the preparation of the
EA.
    If you sent comments on this project to the Commission before the
opening of this docket on November 14, 2018, you will need to file
those comments in Docket No. CP19-17-000 to ensure they are considered
as part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this amendment. State and local government
representatives should notify their constituents of this proposed
amendment and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the amendment, that approval conveys with it the right of
eminent domain. Therefore, if you and the company do not reach an
easement agreement, the pipeline company could initiate condemnation
proceedings in court. In such instances, compensation would be
determined by a judge in accordance with state law.
    Midship Pipeline provided landowners with a fact sheet prepared by
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do
I Need To Know?'' This fact sheet addresses a number of typically asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for viewing on
the FERC website (www.ferc.gov) at https://www.ferc.gov/resources/guides/gas/gas.pdf.

Public Participation

    The Commission offers a free service called eSubscription which
makes it easy to stay informed of all issuances and submittals
regarding the dockets/projects to which you subscribe. These instant
email notifications are the fastest

way to receive notification and provide a link to the document files
which can reduce the amount of time you spend researching proceedings.
To sign up go to www.ferc.gov/docs-filing/esubscription.asp.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or [email protected]. Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. Using eComment is an easy
method for submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. 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 will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(CP19-17-000) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE, Room 1A,
Washington, DC 20426.

Summary of the Proposed Project

    Midship Pipeline proposes a 0.8-mile reroute between mileposts
195.2 to 195.9 of the MIDSHIP Project in Bryan County, Oklahoma. This
reroute would shift the pipeline about 400 feet west and south of the
certificated pipeline route. The general location of the reroute is
shown in appendix 1.\2\
---------------------------------------------------------------------------

    \2\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE, Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    Construction of the proposed reroute would disturb about 12.5 acres
of land. Following construction, Midship Pipeline would maintain about
5.3 acres for permanent operation of the project; the remaining acreage
would be restored and revert to former uses. This represents an
increase from the certificated route of about 1.2 acres during
construction and 0.5 acre during operation.

The EA Process

    The EA will discuss impacts that could occur as a result of the
proposed amendment under these general headings:
     Geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     air quality and noise;
     public safety; and
     cumulative impacts.
    Commission staff will also evaluate reasonable alternatives to the
proposed amendment, and make recommendations on how to lessen or avoid
impacts on the various resource areas as applicable.
    The EA will present Commission staffs' independent analysis of the
issues. The EA will be available in electronic format in the public
record through eLibrary \3\ and the Commission's website (https://www.ferc.gov/industries/gas/enviro/eis.asp). If eSubscribed, you will
receive instant email notification when the EA is issued. The EA may be
issued for an allotted public comment period. Commission staff will
consider all comments on the EA before making recommendations to the
Commission. To ensure Commission staff have the opportunity to address
your comments, please carefully follow the instructions in the Public
Participation section, beginning on page 2.
---------------------------------------------------------------------------

    \3\ For instructions on connecting to eLibrary, refer to page 5
of this notice.
---------------------------------------------------------------------------

    With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues of this project to formally cooperate in the
preparation of the EA.\4\ Agencies that would like to request
cooperating agency status should follow the instructions for filing
comments provided under the Public Participation section of this
notice.
---------------------------------------------------------------------------

    \4\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this notice to initiate
consultation with the applicable State Historic Preservation Office
(SHPO), and to solicit their views and those of other government
agencies, interested Indian tribes, and the public on the project's
potential effects on historic properties.\5\ Commission staff will
define the project-specific Area of Potential Effects (APE) in
consultation with the SHPO as the project develops. On natural gas
facility projects, the APE at a minimum encompasses all areas subject
to ground disturbance (examples include construction right-of-way,
contractor/pipe storage yards, compressor stations, and access roads).
The EA for this project will document findings on the impacts on
historic properties and summarize the status of consultations under
section 106.
---------------------------------------------------------------------------

    \5\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, and anyone who submits
comments on the project. Commission staff will update the environmental
mailing list as the analysis proceeds to ensure that Commission notices
related to this environmental review are sent to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed amendment.
    If the Commission issues the EA for an allotted public comment
period, a Notice of Availability of the EA will be sent to the
environmental mailing list and will provide instructions to access the
electronic document on the FERC's website (www.ferc.gov). If you need
to make changes to your name/address, or if you would like to remove
your name from the mailing list, please return the attached ``Mailing
List Update Form'' (appendix 2).

Additional Information

    Additional information about the amendment/reroute is available
from the Commission's Office of External Affairs, at (866) 208-FERC, or
on the FERC website at www.ferc.gov using the eLibrary link. Click on
the eLibrary link, click on ``General Search'' and enter the docket
number in the ``Docket Number'' field, excluding the last three digits
(i.e., CP19-17). Be sure you have selected an appropriate date range.
For assistance, please contact FERC Online Support at
[email protected] or<PHONE_NUMBER>, or for TTY, contact (202)
502-8659. The eLibrary link also provides access to the texts of all
formal documents issued by the Commission, such as orders, notices, and
rulemakings.

    Dated: November 23, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-26005 Filed 11-29-18; 8:45 am]
 BILLING CODE 6717-01-P


 From:
Keith Barnett/RTP/USEPA/US
 To:
"O'Hare, Andrew"<EMAIL_ADDRESS> Cc:
Leonard Lazarus/DC/USEPA/US@EPA
 Date:
10/26/2010 10:51 PM
 Subject:
RE: Cement Correction Notice

Yes I was talking about the calibration issue.  I think the compliance date for those requirements would require an opinion from OECA because we do specifically call out "compliance dates" in the section that discuss calibrations for feed or clinker rates, though we don't call then by that name.  But we also say three years for all requirements in the compliance date section.

However, we think that there is enough interpretative leeway in the term calibration that this should not cause a problem in the near term.  It does need to be addressed with some of the other testing and monitoring issues.  And we are not comfortable with addressing this in the clarification notice.  It would be better addressed through notice and comment rulemaking.

Keith W. Barnett
USEPA/OAQPS/SPPD/MMG
Mail Code D243-02
Research Triangle Park, NC  27711
919-541-5605
<EMAIL_ADDRESS>

 From:
O'Hare, Andrew<EMAIL_ADDRESS> To:
Keith Barnett/RTP/USEPA/US@EPA
 Date:
10/25/2010 03:24 PM
 Subject:
RE: Cement Correction Notice

Keith,

Thank you.  The last part of your message is a bit confusing.  Is it in reference to my question about the clinker production monitoring issues?  Is it safe to assume that the deadline for compliance with these requirements is 9-9-13?

Thanks,
Andy

Andrew T. O'Hare, CAE
Vice President, Regulatory Affairs
Portland Cement Association
500 New Jersey, Avenue, NW
Washington, DC 20001
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Cell:<PHONE_NUMBER>
e-mail<EMAIL_ADDRESS>

-----Original Message-----
From<EMAIL_ADDRESS><EMAIL_ADDRESS>Sent: Monday, October 25, 2010 2:15 PM
To: O'Hare, Andrew
Subject: RE: Cement Correction Notice

I think I sent the wrong table.  Here is the corrected version.

(See attached file: Table 2.docx)

Steve Silverman and I discussed this issue with Hector. (We called Hector because he was the first person to raise the issue and had already sent information).  As a result of that conversation Steve and I believe this can be dealt with as more of an interpretative issue as to the meaning of calibration, and don't believe is would be a good idea to try and address this in the technical correction notice.

Keith W. Barnett
USEPA/OAQPS/SPPD/MMG
Mail Code D243-02
Research Triangle Park, NC  27711
919-541-5605
<EMAIL_ADDRESS>

|------------>
| From:      |
|------------>
  >--------------------------------------------------------------------------------------------------------------------------------------|
  |O'Hare, Andrew<EMAIL_ADDRESS>                                                                                |
  >--------------------------------------------------------------------------------------------------------------------------------------|
|------------>
| To:        |
|------------>
  >--------------------------------------------------------------------------------------------------------------------------------------|
  |Keith Barnett/RTP/USEPA/US@EPA                                                                                |
  >--------------------------------------------------------------------------------------------------------------------------------------|
|------------>
| Date:      |
|------------>
  >--------------------------------------------------------------------------------------------------------------------------------------|
  |10/25/2010 12:00 PM                                                                                |
  >--------------------------------------------------------------------------------------------------------------------------------------|
|------------>
| Subject:   |
|------------>
  >--------------------------------------------------------------------------------------------------------------------------------------|
  |RE: Cement Correction Notice                                                                                |
  >--------------------------------------------------------------------------------------------------------------------------------------|

Keith,

Thank for the opportunity to review.  Table 2 is still missing the opacity standard (20) under items 1 and 2.  Otherwise, the preamble and rule text are clear to me.

Do you plan to also clarify the compliance deadline language addressing the clinker production monitoring provisions in Sections 63.1350(d)(2) and 60.63(b)(2)?

Thanks,
Andy

Andrew T. O'Hare, CAE
Vice President, Regulatory Affairs
Portland Cement Association
500 New Jersey, Avenue, NW
Washington, DC 20001
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Cell:<PHONE_NUMBER>
e-mail<EMAIL_ADDRESS>
-----Original Message-----
From<EMAIL_ADDRESS>[
<EMAIL_ADDRESS>Sent: Monday, October 25, 2010 10:37 AM
To: O'Hare, Andrew
Cc<EMAIL_ADDRESS>Subject: Cement Correction Notice

Dear Andy:

I made corrections to the notice language based on comments.  Please check this over again.

(See attached file: Cement Corrections for PCA-10-22.docx)

Still working on the schedule.

Keith W. Barnett
USEPA/OAQPS/SPPD/MMG
Mail Code D243-02
Research Triangle Park, NC  27711
919-541-5605
<EMAIL_ADDRESS>


Facility Contact with Commercial Finishing Corp. - Surface Coating of Plastic Parts for Business Machines (NSPS Subpart TTT)
Date
October 5, 2021
Subject
Data collection
Stakeholder
Timothy Hughes
(317) 267-0337
EPA in attendance
-
ERG in attendance
Bryan Lange
Mission:
The Clean Air Act requires the EPA to periodically review and revise its federal rules. We are asking for your help with this requirement for the NSPS Subpart TTT (Surface Coating of Plastic Parts for Business Machines). Commercial Finishing Corp was identified in an EPA database as subject to Subpart TTT. We collected your air permit and have confirmed this.
We have prepared a short telephone survey for facilities that are subject to this rule. We hope to learn more about the impact of the 1988 rule, ways it might be improved for future facilities, and to look for innovation in the control of air pollution (e.g., new add-on control technologies, new work practices or operational procedure).  After the call we can share with you a copy of the minutes and discuss any necessary changes.
 Describe your business and surface coating process and approximately what fraction of your operation is used to coat plastic parts for business machines:
Commercial Finishing Corp. has the ability to coat plastic under their permit, but the facility does not currently. Further, Commercial Finishing has not coated plastics in approximately 5-years.
Our largest customer is Caterpillar. We coat metal with powder for exhaust parts. The powder is cured in a 400F oven for 30-minutes. Powder coating could not be used on plastics because the curing temperature would melt the plastic part.
 Do you have other industry contacts that are knowledgeable about the rule and might have useful input in our review?
Timothy Hughes suggested Keco also in Indianapolis as a facility that might perform surface coating of plastic parts for business machines.
ERG pulled the Keco permit. It did not include subpart TTT and permit documents indicated the coat small metal automotive parts.


[Federal Register: October 5, 2007 (Volume 72, Number 193)]
[Notices]
[Page 57083-57085]
[DOCID:fr05oc07-89]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56581; File No. SR-NASDAQ-2007-068]

Self-Regulatory Organizations; The NASDAQ Stock Market, LLC;
Notice of Filing of Proposed Rule Change, as Modified by Amendment No.
1 Thereto, To Amend the Limited Liability Company Agreement of The
NASDAQ Stock Market, LLC

September 28, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 20, 2007, The NASDAQ Stock Market, LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared substantially by Nasdaq.
On September 26, 2007, Nasdaq filed Amendment No. 1 to the proposed
rule change. The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes to amend its Limited Liability Company Agreement
(``LLC Agreement''). Nasdaq will implement the proposed rule change
immediately upon approval by the Commission. The text of the proposed
rule change is available at Nasdaq's Web site http://nasdaq.complinet.com
, at Nasdaq, and at the Commission's Public

Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, Nasdaq included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. Nasdaq has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Nasdaq is modifying its LLC Agreement (including its By-Laws, which
are a part of the LLC Agreement) to adopt a range of enhancements and
clarifications. First, Nasdaq is amending the procedures for election
of Member Representative Directors. Section 6(b)(3) of the Act \3\
requires a national securities exchange to establish rules that assure
a fair representation of its members in the selection of its directors.
To address this requirement, the LLC Agreement provides that twenty
percent of Nasdaq's directors are selected through direct election by
Nasdaq's members. Under the current By-Laws, a slate of candidates is
nominated by a Member Nominating Committee composed of registered
representatives of Nasdaq members. In addition, there is a petition
process through which Nasdaq members may nominate alternate candidates.
The Nasdaq Board establishes a Record Date \4\ and an Election Date,\5\
and provides notice of both dates through a communication to members
that also includes the List of Candidates \6\ developed through the
nomination and petition process. After receiving the notice, firms that
were Nasdaq members on the Record Date are entitled to cast ballots at
any time prior to 5 pm on the Election Date. The candidates receiving
the most votes are then elected to the open positions.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b)(3).
    \4\ Article I(aa) of Nasdaq's current By-Laws defines ``Record
Date'' as a date selected by the Board for the purpose of
determining the Nasdaq Members entitled to vote for the election of
Member Representative Directors on an Election Date.
    \5\ Article I(j) of Nasdaq's current By-Laws defines ``Election
Date'' as a date selected by the Board for the election of Member
Representative Directors.
    \6\ Article I(o) of Nasdaq's current By-Laws defines ``List of
Candidates'' as the list of candidates for Member Representative
Director positions to be elected by Nasdaq Members on an Election
Date.
---------------------------------------------------------------------------

    Nasdaq held its first election of Member Representative Directors
in January 2007, and although the election concluded successfully,
Nasdaq faced some difficulty in educating members about the purpose of
the election and the desirability of participating. Notably, many
members were not interested in voting and therefore Nasdaq had to
retain the services of a proxy solicitation firm to obtain a quorum,
and only obtained the quorum in the days immediately prior to the
Election Date. In reviewing the experience of the first election
process, Nasdaq has noted that the New York Stock Exchange, LLC, the
primary U.S. exchange subsidiary of NYSE Euronext, has a similar
nomination process for a percentage of its directors, but conducts a
direct member election only if there is a contested election (i.e., if
there is more than one candidate for a particular Board seat).\7\
Accordingly, Nasdaq proposes to adopt a comparable limit on the use of
the direct member election.
---------------------------------------------------------------------------

    \7\ See Second Amended and Restated Operating Agreement of New
York Stock Exchange LLC at http://www.nyse.com/pdfs/SecondAmendedandRestatedOperatingAgreementofNewYorkStockExchangeLLC.pdf
.

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

    As amended, the election process would work as follows: On an
annual basis, the Member Nominating Committee would nominate a slate of
candidates. Although the Member Nominating Committee would have
authority to nominate a number of candidates in excess of the number of
Board seats up for election, the Member Nominating Committee would
likely nominate a number of candidates equal to the number of seats. At
about the same time, the Nasdaq Board would determine the Election Date
and the Record Date.\8\ Promptly after selection of the Election Date,
Nasdaq would distribute (via regular mail and/or e-mail) and post on
its Web site a Notice to Members (i) announcing the Election Date and
the List of Candidates, and (ii) describing the procedures for Nasdaq
Members to nominate candidates for election at the next annual meeting.
The process and timeframes for members to nominate additional
candidates for election would be the same as provided under the current
By-Laws. If, by the date on which a Nasdaq member may no longer submit
a timely nomination, there is only one candidate for each Member
Representative Director seat, the Member Representative Directors would
be elected by The Nasdaq Stock Market, Inc., Nasdaq's sole ``member''
within the meaning of the Delaware Limited Liability Company Act,
directly from the list of candidates nominated by the Member Nominating
Committee. If, however, there is more than one candidate for a seat
(i.e., if there is a contested election), the full list of candidates
will be submitted for a member vote, just as it is under the

current By-Laws. These proposed changes will be effected through
amendments to Articles I and II of the By-Laws of the LLC Agreement.\9\
Nasdaq is also amending Article II, Section 2 to provide that in the
event of a contested election, votes may be cast until 11:59 p.m.
(rather than 5 p.m.) on the Election Date.
---------------------------------------------------------------------------

    \8\ As amended, Article I(aa) of Nasdaq's By-Laws would define
``Record Date'' as a date selected by the Board for the purpose of
determining the Nasdaq Members entitled to vote for the election of
Member Representative Directors on an Election Date in the event of
a Contested Election.
    \9\ A portion of the LLC Agreement is denominated as the ``By-
Laws'' because of the similarity of its subject matter to corporate
by-laws. Under Delaware law, however, the By-Laws are part of the
same governing document as the rest of the LLC Agreement.
---------------------------------------------------------------------------

    Second, Nasdaq proposes to amend the LLC Agreement to remove out-
of-date references to its initial directors and officers and to its
transition to commencing operations as a national securities exchange.
Specifically, Nasdaq is amending Sections 9(a) and 10 of the LLC
Agreement and Article I of the By-Laws to remove references to initial
officers and directors; deleting Schedules C and D of the LLC
Agreement, which listed the initial officers and directors; and
deleting Section 29, which governed the transitional period between the
formation of Nasdaq and its commencing operations as a national
securities exchange.\10\ Nasdaq also proposes to amend Section 9(a) of
the LLC Agreement to clarify that at least 20% of Nasdaq's directors
shall be Member Representative Directors. The change serves to clarify
that in a circumstance where the Board opted to reduce its size after
the resignation of a Director other than a Member Representative
Director, it would not be required to remove previously elected Member
Representative Directors in order to maintain the percentage of Member
Representative Directors at precisely 20%.
---------------------------------------------------------------------------

    \10\ Up-to-date information regarding the current directors of
Nasdaq and its parent corporation, The Nasdaq Stock Market, Inc., is
maintained at http://ir.nasdaq.com/directors.cfm (with a link

provided from http://www.nasdaq.com). As provided by Rule 6a-2 under the

Act, 17 CFR 240.6a-2, Nasdaq certifies that information regarding
the officers of Nasdaq is kept up to date and is available to the
Commission and the public upon request, and is filed with the
Commission as an amendment to Form 1 every three years.
---------------------------------------------------------------------------

    Third, Nasdaq proposes to amend Section 27 of the LLC Agreement and
Article VIII, Section 1 of the By-Laws in the LLC Agreement to provide
that amendments to the LLC Agreement (including the By-Laws) must be
approved by the Nasdaq Board and also reflected in a written agreement
executed by The Nasdaq Stock Market, Inc., as sole member of Nasdaq
within the meaning of the Delaware Limited Liability Company Act. The
former requirement reflects the LLC Agreement's status as a rule of
Nasdaq, while the latter requirement reflects Delaware law.\11\
---------------------------------------------------------------------------

    \11\ Changes to the LLC Agreement also require a filing pursuant
to Section 19(b) of the Act.
---------------------------------------------------------------------------

    Fourth, Nasdaq proposes to amend the compositional requirements of
the Quality of Markets Committee (the ``QMC'') in Article III, Section
6 of the By-Laws to provide that the number of Non-Industry members of
the QMC must equal or exceed the number of Industry members. The
current By-Law requires that QMC must be equally balanced between
Industry and Non-Industry members. This change is consistent with
certain undertakings made by Nasdaq with regard to the composition of
this committee.\12\
---------------------------------------------------------------------------

    \12\ See Letter from Edward S. Knight, Executive Vice President,
General Counsel, and Chief Regulatory Officer, Nasdaq, to Robert
L.D. Colby, Acting Director, Division of Market Regulation,
Commission (January 11, 2006) (affirming that Nasdaq shall comply
with certain undertakings in a 1996 Order of the Commission); In the
Matter of National Association of Securities Dealers, Inc., Order
Instituting Public Proceedings Pursuant to Section 19(h)(1) of the
Securities Exchange Act of 1934, Making Findings, and Imposing
Remedial Sanctions, Securities Exchange Act Release No. 37538
(August 8, 1996) (the ``NASD Order'') (requiring ``at least fifty
percent independent public and non-industry membership'' in the QMC)
(emphasis added).
---------------------------------------------------------------------------

    Fifth, Nasdaq proposes to amend the compositional requirements of
the Arbitration and Mediation Committee (the ``Arbitration Committee'')
in Article III, Section 6 of the By-Laws to provide that the size of
the committee shall be between 3 and 10 members (rather than 10 to 25
members, as currently required). Because NASD manages an arbitration
and mediation program for use of Nasdaq members pursuant to a
regulatory services agreement between Nasdaq and NASD, Nasdaq has
appointed the members of NASD's Arbitration and Mediation Committee
also to serve on Nasdaq's committee. Because the role of Nasdaq's
committee is minimized by the overlap between Nasdaq's and NASD's
arbitration rules and the role of NASD in administering the program,
Nasdaq believes that a smaller Nasdaq committee would be more
appropriate. Nasdaq would still expect to designate members of the NASD
committee for service on its committee, and the committee would
continue to comply with the balance requirements in the current By-
Laws.\13\
---------------------------------------------------------------------------

    \13\ See NASD Order, supra note 12, (requiring ``at least fifty
percent independent public and non-industry membership'' in the
Arbitration Committee).
---------------------------------------------------------------------------

    Sixth, Nasdaq proposes to amend the compositional requirements of
the Nasdaq Review Council (the ``NRC'') in Article VI of the By-Laws to
provide that the size of the NRC shall be between 8 and 12 members
(rather than 12 to 14). The NRC is an appellate body empowered to
review disciplinary decisions under Nasdaq rules. Because Nasdaq and
NASD are parties to an agreement under Rule 17d-2 of the Act \14\ that
allocates responsibility to NASD for enforcing a wide range of common
rules with respect to common members, the caseload of the NRC is likely
to be considerably lower than that of the NASD's comparable committee,
the National Adjudicatory Council. Accordingly, Nasdaq believes that a
smaller size for the NRC will be consistent with the efficient
discharge of its responsibilities. Nasdaq is also proposing an
amendment to allow NRC members to serve two consecutive three-year
terms. A comparable provision is in effect for Nasdaq's other appellate
review body, the Nasdaq Listing and Hearing Review Council.
---------------------------------------------------------------------------

    \14\ 17 CFR 240.17d-2.
---------------------------------------------------------------------------

    Seventh, pursuant to requests made by Commission staff at the end
of Nasdaq's exchange registration process, Nasdaq is amending Article
IX, Section 1 of the By-Laws (i) to include an explicit reference to
the authority of the Nasdaq Board to adopt rules relating to
arbitration between members and between members and customers or
others, and (ii) to delete a sentence that might be construed to
contain an excessively broad description of the authority of the Nasdaq
Board with respect to the operation of Nasdaq rules.\15\
---------------------------------------------------------------------------

    \15\ Nasdaq notes that the deletion of a reference to the
Board's authority to issue exemptions from Nasdaq rules should not
be construed to limit Nasdaq's authority under rules that, by their
terms, explicitly authorize waivers or exemptions. See, e.g., Nasdaq
Rules 1070 and 4510.
---------------------------------------------------------------------------

    Finally, Nasdaq is amending Article III, Sections 2 and 5, and
Article VIII, Section 2 of the By-Laws to correct typographical errors.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\16\ in general, and with
Section 6(b)(3) and (b)(5) of the Act,\17\ in particular, in that the
proposal is designed to assure a fair representation of Nasdaq members
in the selection of its directors, and to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to

and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest. Nasdaq believes that the changes will materially enhance the
efficiency of its governance processes while continuing to ensure a
fair representation of its members in the selection of its directors.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f.
    \17\ 15 U.S.C. 78f(b)(3) and (5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASDAQ-2007-068 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2007-068. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 am and 3 pm. Copies of such filing also will be available for
inspection and copying at the principal office of Nasdaq. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2007-068 and should
be submitted on or before October 26, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
 [FR Doc. E7-19672 Filed 10-4-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 58 (Tuesday, March 28, 2017)]
[Rules and Regulations]
[Pages 15299-15301]
[FR Doc No: 2017-06009]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2016-0470; FRL-9958-72-Region 7]

Approval of Missouri's Air Quality Implementation Plans; Open
Burning Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the State Implementation Plan (SIP) for
the State of Missouri related to open burning. On November 24, 2009,
the Missouri Department of Natural Resources (MDNR) requested to amend
the SIP to replace four area specific open burning rules into one rule
that is area specific and applicable state-wide. EPA solicited comment
in an earlier proposed rulemaking that published in the Federal
Register on September 8, 2016, and received one comment in support of
the proposed SIP revision. These revisions to Missouri's SIP do not
have an adverse effect on air quality as demonstrated in the technical
support document (TSD) which is a part of the proposed rulemaking
docket. EPA's final approval of these SIP revisions is being done in
accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on April 27, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2016-0470. All documents in the docket are listed on
the http://www.regulations.gov Web site. 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 through www.regulations.gov or
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Steven Brown, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:

I. What is being addressed in this document?
II. Have the requirements for final approval of a SIP revision been
met?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    EPA is taking final action to approve the SIP revision submitted by
the state of Missouri that replaces four area specific open burning
rules with a rule that is applicable state-wide. On November 24, 2009,
the MDNR requested to amend the SIP to rescind Missouri Open Burning
Restrictions 10 CSR 10-2.100, 10 CSR 10-3.030, 10 CSR 10-4.090, and 10
CSR 10-5.070, and consolidated these four rules into a new rule 10 CSR
10-6.045. The new rule adds language that allows burning of ``trade
wastes'' by permit in areas for situations where open burning is in the
best interest of the general public or when it can be shown that open
burning is the safest and most feasible method of disposal. The rule
reserves the right for the staff director to deny, revoke or suspend an
open burn permit. It changes the general provisions section by not
limiting liability to an individual who is directly responsible for a
violation and extends the regulatory liability to any person, such as a
property owner who hires an individual to start the fire. The rule also
adds the definition of ``untreated wood'' for clarification to aid in
compliance purposes. On September 8, 2016, EPA proposed approval of the
SIP revision in the Federal Register (81 FR 62066), the comment period
closed on October 11, 2016. During this period, on October 11, 2016,
EPA received one comment which is included in the docket from an
unknown commenter that supports this final rule.

II. Have the requirements for final approval of a SIP revision been
met?

    The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the technical
support document (TSD) which is part of the proposed rulemaking docket
that published in the Federal Register on September 8, 2016, the
revision meets the substantive SIP requirements of the CAA, including
section 110 and implementing regulations.

III. What action is EPA taking?

    EPA is finalizing approval of revisions to the Missouri SIP
regarding an open burn regulation that replaces four area specific open
burning rules. EPA has conducted a full evaluation of the regulation,
which is discussed in detail in the proposed rule and the TSD, which is
included in this rulemaking docket.
    We are processing this as a final approval action after soliciting
comments on a proposed action. The public comment period on EPA's
proposed rule opened on September 8, 2016, the date of its publication
in the Federal Register (81 FR 62066), and closed on October 11, 2016.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference the amendments
to 40 CFR part 52 as set forth below. Therefore, these materials have
been approved by EPA for inclusion in the State implementation plan,
have been incorporated by reference by EPA into that plan, are fully
Federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation.\1\ EPA has made, and will
continue to make, these documents generally available electronically
through www.regulations.gov and/or in hard copy at the appropriate EPA
office (see the ADDRESSES section of this preamble for more
information).
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, 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).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 30, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: March 20, 2017.
Edward H. Chu,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52
as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart AA--Missouri

0
2. In Sec.  52.1320, the table in paragraph (c) is amended by:

0
a. Removing entries ``10-2.100'', ``10-3.030'', ``10-4.090'', and ``10-
5.070''.
0
b. Adding the entry ``10-6.045'' in numerical order.
    The addition reads as follows:

Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                                            EPA-Approved Missouri Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                State
         Missouri citation                  Title          effective date             EPA approval date                         Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Missouri Department of Natural Resources
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
     Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
10-6.045..........................  Open Burning                  9/30/09  3/28/17 [insert Federal Register        .....................................
                                     Requirements.                          citation].
                                    .....................
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-06009 Filed 3-27-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Rules and Regulations]
[Pages 31233-31235]
[FR Doc No: 2011-13325]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-1091]
RIN 1625-AA00

Safety Zone; Underwater Hazard, Gravesend Bay, Brooklyn, NY

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing a permanent safety zone within
the waters of Gravesend Bay, Brooklyn, New York. This safety zone is
necessary to provide for the protection of the maritime public and
safety of navigation from recently discovered underwater explosive
hazards in Gravesend Bay. This action will restrict unauthorized
persons and vessels from traveling through or conducting underwater
activities within a portion of Gravesend Bay until recently discovered
military munitions are rendered safe and removed from the area. Entry
into this zone is prohibited unless authorized by the Captain of the
Port (COTP) New York or the designated on-scene representative.

DATES: This rule is effective on June 30, 2011.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-1091 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-1091 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail LTJG Eunice James, Coast Guard; telephone (718) 354-
4163, e-mail<EMAIL_ADDRESS>If you have questions on viewing
or submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 8, 2011, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zone; Underwater Hazard, Gravesend Bay,
Brooklyn, NY'' in the Federal Register (76 FR 6728). We received no
comments on the proposed rule. A public meeting was not requested and
none was held.

Basis and Purpose

    In response to media reports of military munitions found in
Gravesend Bay by civilian divers, U.S. Navy Explosive Ordnance Disposal
divers from Naval Weapons Station Earle conducted underwater surveys
and confirmed the location of munitions on the bottom of Gravesend Bay.
The munitions consist of approximately 1500 rounds of 20mm ammunition,
one 3-inch diameter projectile and two cartridge casings. The (COTP)
New York has established a temporary safety zone under docket number
USCG-2010-1126 as an interim measure while this long-term rulemaking
process is pursued.
    In the interest of public safety, the U.S. Navy has requested that
the Coast Guard limit access to the location in Gravesend Bay where the
munitions are located until the ordnance can be rendered safe and
removed.
    This safety zone is necessary to ensure the safety of mariners,
vessels, and civilian divers from the potential hazards associated with
unexploded military munitions.

Background

    The COTP New York is establishing a safety zone around the location
of an unexploded munitions site to ensure the safety of mariners and
vessels transiting near the location of the ordnance as well as divers
intending to dive in the area.
    The safety zone encompasses all waters of Gravesend Bay within 110-
yard radius of position 40[deg]36'30'' N, 074[deg]02'14'' W (NAD 83),
approximately 70-yards southeast of the Verrazano Bridge Brooklyn
tower.
    Entry into the safety zone by any person or vessel will be
prohibited unless specifically authorized by the COTP New York, or the
designated on-scene representative. Persons desiring to enter the
safety zone may request permission to enter from the Coast Guard COTP
via VHF Channel 16 or by contacting the Sector New York Command Center
at<PHONE_NUMBER>.
    The Coast Guard advises that entry into, transiting, diving,
dredging, dumping, fishing, trawling, conducting salvage operations,
remaining within or anchoring in this safety zone is prohibited unless
authorized by the COTP New York or the designated on-scene
representative.
    The ``designated on-scene representative'' is any Coast Guard
commissioned, warrant, or petty officer who has been designated by the
COTP New York to act on her behalf.

Discussion of Comments and Changes

    The Coast Guard received no comments on the proposed rulemaking. No
changes were made to the final rule.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 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.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending entering
into, transiting through, diving, dredging, dumping, fishing, trawling,
conducting salvage operations, remaining within or anchoring in a
portion of Gravesend Bay.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
safety zone will limit access to a relatively small portion of the
waterway. Vessel traffic can safely transit around the safety zone.
Before the activation of the zone, we will issue maritime advisories
widely available to users of the waterway in the vicinity of Gravesend
Bay.
    If you think that your business, organization, or governmental

jurisdiction qualifies as a small entity and that this rule will have a
significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a safety zone
to restrict unauthorized persons and vessels from entering into,
transiting through, diving, dredging, dumping, fishing, trawling,
conducting salvage operations, remaining within or anchoring within a
portion of Gravesend Bay until recently discovered military munitions
are rendered safe and removed from the area.
    An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.172 to read as follows:

Sec.  165.172  Safety Zone; Underwater Hazard, Gravesend Bay, Brooklyn,
NY.

    (a) Location. The following area is a safety zone: All navigable
waters of Gravesend Bay within a 110-yard radius

of a point in position 40[deg]36'30'' N, 074[deg]02'14'' W (NAD 83),
approximately 70-yards southeast of the Verrazano Bridge Brooklyn
tower.
    (b) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
    (2) Entering into, transiting through, diving, dredging, dumping,
fishing, trawling, conducting salvage operations, remaining within or
anchoring within this safety zone is prohibited unless authorized by
the Captain of the Port (COTP) New York or the designated on-scene
representative.
    (3) The ``designated on-scene representative'' is any Coast Guard
commissioned, warrant, or petty officer who has been designated by the
COTP New York.
    (4) Vessel operators desiring to enter or operate within the safety
zone may contact the COTP New York or the designated representative at
the Coast Guard Sector New York Command Center via VHF Channel 16 or by
phone at<PHONE_NUMBER> to request permission.
    (5) Vessel operators given permission to enter or operate in the
safety zone must comply with all directions given to them by the COTP
New York or the on-scene representative.

    Dated: May 11, 2011.
L.L. Fagan,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2011-13325 Filed 5-27-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 33 (Tuesday, February 19, 2019)]
[Notices]
[Page 4900]
[FR Doc No: 2019-02630]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2019-0010]

Notice of Application for Approval of Discontinuance or
Modification of a Railroad Signal System

    Under part 235 of Title 49 of the Code of Federal Regulations (CFR)
and 49 U.S.C. 20502(a), this document provides the public notice that
by a document dated December 14, 2018, Canadian National Railway
Company (CN) petitioned the Federal Railroad Administration (FRA)
seeking approval to discontinue or modify a signal system. FRA assigned
the petition Docket Number FRA-2019-0010.
    Applicant: Canadian National Railway Company, Mr. Tom Hilliard,
Assistant Chief S&C--Southern Region, 17641 S Ashland Avenue, Homewood,
IL 60430.
    The U.S.-based operating railroad subsidiary of CN, Wisconsin
Central Limited requests approval to suspend testing and permanently
remove the signal components between Mile Post (MP) 1.8 and the end of
track MP 0.0 on the Lakefront Subdivision, near Chicago, IL.
    CN states the reason for the proposed change is that the track
connection with the Lakefront Subdivision has been retired so the
continuation of the track towards 94th Street CSL Interlocking and
Bridge 710 is inaccessible. This makes the signal components
unnecessary for a track that cannot be used. The hand-throw turnout
beside 95th Street has been removed and the Calumet River Bridge is
fixed in the upright position for vessels with no rail traffic.
    There is no change in method of operation. The inaccessible track
has not been used and does not have train operations.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE, W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by April 5, 2019 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.). In
accordance with 5 U.S.C. 553(c), DOT solicits comments from the public
to better inform its processes. DOT posts these comments, without edit,
including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. See also
http://www.regulations.gov/#!privacyNotice for the privacy notice of
regulations.gov.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2019-02630 Filed 2-15-19; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 84, Number 100 (Thursday, May 23, 2019)]
[Rules and Regulations]
[Pages 23725-23727]
[FR Doc No: 2019-10724]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0454; FRL-9993-97-Region 4]

Air Plan Approval; NC; Permitting Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a portion of a revision to the North Carolina State
Implementation Plan (SIP) submitted by the State of North Carolina
through the North Carolina Department of Environmental Quality
(formerly the North Carolina Department of Environment and Natural
Resources (NCDENR)), Division of Air Quality, through a letter dated
March 24, 2006. The revision includes changes to permitting
regulations. The revision is part of North Carolina's strategy to meet
and maintain the national ambient air quality standards (NAAQS). This
action is being taken pursuant to the Clean Air Act (CAA or Act) and
its implementing regulations.

DATES: This rule is effective June 24, 2019.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0454. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division (formerly the Air,
Pesticides and Toxics Management Division), U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Andres Febres, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8966. Mr. Febres can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Through a letter dated March 24, 2006, the State of North Carolina,
through NCDENR, submitted several changes to the North Carolina SIP for
EPA approval. EPA is taking final action to approve changes to the
following regulations: 15A North Carolina Administrative Code (NCAC)
02Q Sections .0101, Required Air Quality Permits, and .0301,
Applicability.1 2 EPA has taken, will take, or will not take
separate action on all other changes submitted on March 24, 2006.\3\
---------------------------------------------------------------------------

    \1\ EPA received this SIP submittal on April 4, 2006.
    \2\ In the table of North Carolina regulations federally
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC 02Q is referred
to as ``Subchapter 2Q Air Quality Permits.''
    \3\ On July 18, 2017, EPA took direct final action on changes to
15A NCAC 02D Sections .0101, .0103, .0810, .1902, .1903, and 15A
NCAC 2Q Sections .0103, .0105, .0304, .0305, .0808 and .0810. See 82
FR 32767. EPA will be taking separate action on changes to 15A NCAC
02D Sections .1904 and .2001. EPA will not be taking action on
changes to 15A NCAC 2D Section .1201 because this rule pertains to
incinerators and addresses emission guidelines under CAA sections
111(d), 129, and 40 CFR part 60 and is not a part of the federally-
approved SIP. EPA will also not be taking action on changes to
Regulation 15A NCAC 02D Section .1401, because these were withdrawn
by NCDEQ on June 5, 2017. Finally, changes to two regulations, 15A
NCAC 02Q Sections .0508 and .0523, will not be acted on because
these rules are part of North Carolina's title V permitting program
and are not a part of the SIP.
---------------------------------------------------------------------------

    Specifically, 2Q Sections .0101, Required Air Quality Permits, and
.0301, Applicability, have been amended to reflect the changes to the
North Carolina General Statutes regarding construction to allow
additional preconstruction activities for minor sources, and an
exception has been added in both sections to allow certain
preconstruction activities prior to obtaining a final minor
construction permit. 2Q Section .0101 has also been revised to remove a
prohibition on entering into irrevocable contracts for the
construction, operation, or modification of air cleaning devices. EPA
has determined that allowing the foregoing changes are consistent with
the requirements of CAA sections 110(a)(2)(C) and 110(l) and federal
regulations at 40 CFR 51.160-51.164.
    In a notice of proposed rulemaking (NPRM) published on February 14,
2019 (84 FR 4019), EPA proposed to approve the aforementioned revisions
to the North Carolina SIP. The NPRM provides additional detail
regarding the background and rationale for EPA's action. Comments on
the NPRM were due on or before March 18, 2019. EPA received no relevant
comments on the proposed action.

II. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of regulations
under Subchapter 2Q, Air Quality Permits. Specifically, EPA is
incorporating Section .0101, Required Air Quality Permits, under .0100,
General Provisions, and Section .0301, Applicability, under .0300,
Construction and Operating Permits, which both have a state effective
date of December 1, 2005. EPA has made, and will continue to make,
these materials generally available through www.regulations.gov and at
the EPA Region 4 Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference in
the next update to the SIP compilation.\4\
---------------------------------------------------------------------------

    \4\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

III. Final Action

    EPA is taking final action to approve revisions to 15A NCAC 02Q
Section .0101, Required Air Quality Permits, and Section .0301,
Applicability, in the North Carolina SIP submitted by the State of
North Carolina on March 24, 2006, pursuant to section 110 because these
changes are not inconsistent with the CAA and EPA's regulations.
Changes to the other sections in this submission have been or will be
processed in a separate action, as appropriate, for approval into the
North Carolina SIP.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 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. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it 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 July 22, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: May 10, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart II--North Carolina

0
2. In Sec.  52.1770, paragraph (c)(1) is amended by revising the
entries ``Section .0101'' and ``Section .0301'' to read as follows:

Sec.  52.1770   Identification of plan.

* * * * *
    (c) * * *

                                   (1) EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State        EPA approval
        State citation            Title/subject    effective date        date                Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Subchapter 2Q Air Quality Permits
----------------------------------------------------------------------------------------------------------------
                                        Section .0100 General Provisions
----------------------------------------------------------------------------------------------------------------
Section .0101.................  Required Air            12/1/2005  5/23/2019,
                                 Quality Permits.                   [insert Federal
                                                                    Register
                                                                    citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                Section .0300 Construction and Operating Permits
----------------------------------------------------------------------------------------------------------------
Section .0301.................  Applicability....       12/1/2005  5/23/2019,
                                                                    [insert Federal
                                                                    Register
                                                                    citation].

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

* * * * *
[FR Doc. 2019-10724 Filed 5-22-19; 8:45 am]
BILLING CODE 6560-50-P