[Federal Register: November 21, 2007 (Volume 72, Number 224)]
[Notices]
[Page 65631-65632]
[DOCID:fr21no07-104]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56786; File No. SR-NYSEArca-2007-114]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the Fill-
or-Kill Order

November 14, 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 November 7, 2007, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. NYSE Arca has designated the
proposed rule change as ``non-controversial'' under section
19(b)(3)(A)(iii) \3\ of the Act and Rule 19b-4(f)(6) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange, through its wholly owned subsidiary, NYSE Arca
Equities, Inc. (``NYSE Arca Equities''), proposes to amend NYSE Arca
Equities Rule 7.31(ll) to allow Users \5\ to specify a minimum
executable size for a Fill-or-Kill order. The text of the proposed rule
change is available on the Exchange's Web site at http://www.nyse.com,

at the Exchange's Office of the Secretary, and at the Commission's
Public Reference Room.
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    \5\ See NYSE Arca Rule 1.1(yy) for the definition of ``User.''
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, NYSE Arca 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. NYSE Arca 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
    In order to provide additional flexibility and increased
functionality to its system and its Users, the Exchange proposes to
allow Users to specify a minimum executable size for a Fill-or-Kill
order.
    Pursuant to NYSE Arca Equities Rule 7.31(ll), Fill-or-Kill orders
are limit orders that are executed in full as soon as such order is
received. However, if execution is not possible, the entire order is
immediately cancelled.
    According to this proposal, Users may specify a minimum executable
size for a Fill-or-Kill order, no less than 100 shares. If Users do not
specify a minimum executable size, then the Fill-or-Kill order will be
executed in its entirety or immediately cancelled. A Fill-or-Kill order
with a specified minimum executable size will execute only against
orders that (in aggregate) meet its minimum executable size. Any
unexecuted portion of a Fill-or-Kill order will be immediately
cancelled. A

Fill-or-Kill order with a minimum executable size that cannot be
immediately executed at its minimum size will be immediately cancelled
in its entirety.
    The Exchange believes that offering Users a minimum execution size
will further enhance order entry flexibility and execution
opportunities on NYSE Arca.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with section 6(b) of the Act,\6\ in general, and furthers the
objectives of section 6(b)(5) of the Act,\7\ in particular, because it
is designed 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 facilitating
transactions in securities, and to remove impediments to and perfect
the mechanism for a free and open market and a national market system.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days after the date of filing, or such shorter time as the Commission
may designate if consistent with the protection of investors and the
public interest, the proposed rule change has become effective pursuant
to section 19(b)(3)(A) of the Act \8\ and subparagraph (f)(6) of Rule
19b-4 thereunder.\9\ As required under Rule 19b-4(f)(6)(iii),\10\ NYSE
Arca provided the Commission with written notice of its intent to file
the proposed rule change, along with a brief description and text of
the proposed rule change, at least five business days prior to the date
of the filing of the proposed rule change.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.\11\
However, Rule 19b-4(f)(6)(iii) \12\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. NYSE Arca requests that the
Commission waive the 30-day operative delay period for ``non-
controversial'' proposals under Rule 19b-4(f)(6) \13\ and make the
proposed rule change effective and operative upon filing. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it would permit the Exchange to offer the increased Fill-or-
Kill order type functionality without delay. Accordingly, the
Commission designates the proposed rule change operative upon filing
with the Commission.\14\
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    \11\ Id.
    \12\ Id.
    \13\ Id.
    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the impact of the proposed rule on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in the furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
argumentsconcerning 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-NYSEArca-2007-114 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-NYSEArca-2007-114. 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 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of NYSE Arca. 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-NYSEArca-2007-114 and should
be submitted on or before December 12, 2007.
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    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-22737 Filed 11-20-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Notices]
[Page 61628]
[FR Doc No: 2018-25771]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2014-0097 FRL-9986-26-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Plating and Polishing Area
Sources (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NESHAP for Plating and Polishing
Area Sources (EPA ICR Number 2294.05, OMB Control Number 2060-0623), to
the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act. This is a proposed
extension of the ICR, which is currently approved through November 30,
2018. Public comments were previously requested, via the Federal
Register, on June 29, 2017 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An agency may neither conduct nor sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before December 31,
2018.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2014-0097 to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to [email protected], or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email
to [email protected]. Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change, including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov, or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Plating and Polishing Area Sources (40 CFR part
63, subpart WWWWWW) apply to both existing and new plating and
polishing facilities that are an area source of hazardous air pollutant
(HAP) emissions and that use one or more of the following metal HAP:
Cadmium, chromium, lead manganese, or nickel (hereafter referred to as
the plating and polishing metal HAP). A plating and polishing facility
is a plant site that is engaged in any of the following processes: Non-
chromium electroplating; electroless or non-electrolytic plating; other
non-electrolytic metal coating processes such as chromate conversion
coating, nickel acetate sealing, sodium dichromate sealing, and
manganese phosphate coating, and thermal spraying; dry mechanical
polishing of finished metals and formed products after plating or
thermal spraying; electroforming; and electro-polishing. New facilities
include those that commenced construction, modification, or
reconstruction after the date of proposal. In general, all NESHAP
standards require initial notifications, performance tests, and
periodic reports by the owners/operators of the affected facilities.
They are also required to maintain records of the occurrence and
duration of any startup, shutdown, or malfunction in the operation of
an affected facility, or any period during which the monitoring system
is inoperative. These notifications, reports, and records are essential
in determining compliance with 40 CFR part 63, subpart WWWWWW.
    Form Numbers: None.
    Respondents/affected entities: Plating and polishing area source
facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart WWWWWW).
    Estimated number of respondents: 2,900 (total).
    Frequency of response: Initially and annually.
    Total estimated burden: 67,700 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $7,410,000 (per year), which includes no
annualized capital/startup or operation & maintenance costs.
    Changes in the estimates: There is an increase in the total
estimated burden and number of responses from the most-recently
approved ICR due to several adjustments. First, burden hours were added
to allow each facility to refamiliarize themselves with the regulatory
requirements each year. Second, the number of sources that complete but
do not submit annual compliance certifications was left out of the
response count in the previous renewal and this has been corrected.
    There is a decrease in the annualized capital or operation &
maintenance costs since the previous renewal due to an adjustment.
There are no ongoing monitoring requirements in the rule and no new
sources are expected to incur capital/startup costs. Therefore, the
capital/startup costs were reduced to zero since those costs have
already been incurred when the existing sources became subject to the
rule.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2018-25771 Filed 11-29-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 203 (Monday, October 23, 2023)]
[Rules and Regulations]
[Pages 72691-72698]
[FR Doc No: 2023-23244]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R03-OAR-2021-0767; FRL-9366-02-R3]

Outer Continental Shelf Air Regulations; Consistency Update for
Virginia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is updating a
portion of the Outer Continental Shelf (OCS) Air Regulations.
Requirements applying to OCS sources located within 25 miles of states'
seaward boundaries must be updated periodically to remain consistent
with the requirements of the corresponding onshore area (COA), as
mandated by the Clean Air Act (CAA). The portion of the OCS air
regulations that is being updated pertains to the requirements for OCS
sources for which Virginia is the designated COA. The Commonwealth of
Virginia's requirements discussed in this document will be incorporated
by reference into the Code of Federal Regulations (CFR) and listed in
the appendix to the Federal OCS air regulations.

DATES: This final rule is effective on November 22, 2023. The
incorporation by reference of certain publications listed in this rule
is approved by the Director of the Federal Register as of November 22,
2023.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2021-0767. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (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 at the U.S. Environmental Protection Agency,
EPA Region 3 Regional Office, Air and Radiation Division, Four Penn
Center, 1600 JFK Blvd., Philadelphia, PA 19103. EPA requests that you
contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection.

FOR FURTHER INFORMATION CONTACT: Gwendolyn Supplee, Permits Branch
(3AD10), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, Four Penn Center, 1600 John F. Kennedy Boulevard,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2763. Ms. Supplee can also be reached via electronic mail at
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background and Purpose
II. Public Comments and EPA Responses
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which
established requirements to control air pollution from OCS sources in
order to attain and maintain Federal and state ambient air quality
standards and to comply with the provisions of part C of title I of the
CAA. The regulations at 40 CFR part 55 apply to all OCS sources
offshore of the states except those located in the Gulf of Mexico west
of 87.5 degrees longitude. Section 328 of the CAA requires that for
such sources located within 25 miles of a state's seaward boundary, the
requirements shall be the same as would be applicable if the sources
were located in the COA. Because the OCS requirements are based on
onshore requirements, and onshore requirements may change, section
328(a)(1) requires that EPA update the OCS requirements as

necessary to maintain consistency with onshore requirements.
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    \1\ The reader may refer to the notice of proposed rulemaking,
December 5, 1991 (56 FR 63774), and the preamble to the final rule
promulgated September 4, 1992 (57 FR 40792), for further background
and information on the OCS regulations.
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    On February 10, 2022 (87 FR 7790), EPA published a notice of
proposed rulemaking (NPRM) proposing to incorporate various Virginia
air pollution control requirements into 40 CFR part 55. Pursuant to 40
CFR 55.12, consistency reviews will occur: (1) at least annually; (2)
upon receipt of a Notice of Intent (NOI) under 40 CFR 55.4; or (3) when
a state or local agency submits a rule to EPA to be considered for
incorporation by reference in 40 CFR part 55. EPA's NPRM proposed to
approve an annual update pursuant to 40 CFR 55.12(b). Subsequent to
EPA's February 10, 2022, NPRM, Virginia amended state regulations
relevant to the OCS, effective March 15, 2023. EPA intends to address
these post-NPRM state amendments in its next annual update consistent
with 40 CFR 55.12. This action addresses only those regulations
identified for incorporation in NPRM, namely the Virginia regulations
that were updated as of September 8, 2021.
    EPA reviewed the Virginia Department of Environmental Quality
(``Virginia DEQ'') air rules for inclusion in 40 CFR part 55 in this
action to ensure that they are rationally related to the attainment or
maintenance of Federal or state ambient air quality standards and
compliance with part C of title I of the CAA, that they are not
designed expressly to prevent exploration and development of the OCS,
and that they are potentially applicable to OCS sources. See 40 CFR
55.1. EPA has also evaluated the rules to ensure they are not arbitrary
or capricious. See 40 CFR 55.12(e). In addition, EPA has excluded
administrative or procedural rules,\2\ and requirements that regulate
toxics which are not related to the attainment and maintenance of
Federal and state ambient air quality standards.
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    \2\ Each COA which has been delegated the authority to implement
and enforce part 55 will use its administrative and procedural rules
as onshore. However, in those instances where EPA has not delegated
authority to implement and enforce 40 CFR part 55, EPA will use its
own administrative and procedural requirements to implement the
substantive requirements. See 40 CFR 55.14(c)(4).
---------------------------------------------------------------------------

    Section 328(a) of the CAA requires that EPA establish requirements
to control air pollution from OCS sources located within 25 miles of
states' seaward boundaries that are the same as onshore requirements.
To comply with this statutory mandate, EPA must incorporate applicable
onshore rules into 40 CFR part 55 as they exist onshore. This limits
EPA's flexibility in deciding which requirements will be incorporated
into 40 CFR part 55 and prevents EPA from making substantive changes to
the requirements it incorporates. As a result, EPA may be incorporating
rules into 40 CFR part 55 that do not conform to all of EPA's state
implementation plan (SIP) guidance or certain requirements of the CAA.
Consistency updates may result in the inclusion of state or local rules
or regulations into 40 CFR part 55, even though the same rules may
ultimately be disapproved for inclusion as part of the SIP. Inclusion
in the OCS rule does not imply that a rule meets the requirements of
the CAA for SIP approval, nor does it imply that the rule will be
approved by EPA for inclusion in the SIP.
    The specific requirements of the consistency update and the
rationale for EPA's action are explained in the February 10, 2022,
NPRM. No comments were received on the NPRM.

II. Public Comments and EPA Responses

    EPA did not receive any comments on the February 10, 2022, NPRM, 87
FR 7790.

III. Final Action

    EPA is taking final action to incorporate the rules potentially
applicable to OCS sources for which the Commonwealth of Virginia will
be the COA. The rules that EPA is taking final action to incorporate
are applicable provisions of the Virginia Administrative Code (VAC).
The Virginia regulatory changes that EPA is taking final action to
incorporate are (1) Chapter 20, General Provisions-- 9VAC5-20-21,
Documents incorporated by reference; (2) Chapter 50, New and Modified
Stationary Sources--9VAC5-50-400. General; (3) Chapter 60, Hazardous
Air Pollutant Sources--9VAC5-60-60. General; (4) Chapter 60, Hazardous
Air Pollutant Sources--9VAC5-60-90, as amended through September 8,
2021. The rules that EPA is taking final action to incorporate will
replace the rules identified in the February 10, 2022, NPRM and
previously incorporated into ``Commonwealth of Virginia Requirements
Applicable to OCS Sources,'' dated February 20, 2019. See 84 FR 56121;
October 21, 2019. This action will have no effect on any provisions
that were not subject to changes by Virginia and were also previously
incorporated by reference into 40 CFR part 55 through EPA's October 21,
2019 (84 FR 56121) final rule.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference of
``Commonwealth of Virginia Requirements Applicable to OCS Sources,''
dated September 8, 2021, which provides the text of the Virginia DEQ
air rules in effect as of September 8, 2021, that would apply to OCS
sources. EPA has made, and will continue to make, these materials
available through www.regulations.gov and at the EPA Region III Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to establish
requirements to control air pollution from OCS sources located within
25 miles of states' seaward boundaries that are the same as onshore air
pollution control requirements. To comply with this statutory mandate,
EPA must incorporate applicable onshore rules into 40 CFR part 55 as
they exist onshore. See 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in
promulgating OCS consistency updates, EPA's role is to maintain
consistency between OCS regulations and the regulations of onshore
areas, provided that they meet the criteria of the CAA. Accordingly,
this action simply updates the existing OCS requirements to make them
consistent with requirements onshore, without the exercise of any
policy direction by EPA. 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); and
     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.
    Additionally, Executive Order 12898 (59 FR 7629, February 16, 1994)
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations (people of color and/
or Indigenous peoples) and low-income populations.
    EPA believes that this specific action does not concern human
health or environmental conditions and therefore cannot be evaluated
with respect to potentially disproportionate and adverse effects on
people of color, low-income populations and/or Indigenous peoples. This
action simply fulfills EPA's statutory mandate to ensure regulatory
consistency between the COA and inner OCS consistent with the stated
objectives of CAA section 328(a)(1). Specifically, section 328(a)(1)
requires EPA to establish requirements to control air pollution from
OCS sources ``to attain and maintain Federal and State ambient air
quality standards and to comply with the provisions of part C of [title
I of the CAA]'' and, for inner OCS sources (located within 25 miles of
the seaward boundary of such states), to establish requirements that
are ``the same as would be applicable if the source were located in the
COA.'' This section of the Act also states that ``the Administrator
shall update such requirements as necessary to maintain consistency
with onshore regulations and this chapter.'' As noted in the preamble,
compliance with this requirement limits EPA's discretion in deciding
what will be incorporated into 40 CFR part 55.
    From the time of EPA's last consistency update for Virginia (84 FR
56121, October 21, 2019) to the publication of the NPRM (87 FR 7790,
February 10, 2022), state regulations relevant to the OCS were simply
amended to update references to the CFR. This action incorporates into
the CFR those minor updates to state regulations, which are already
effective onshore, to ensure regulatory consistency with the COA as
mandated by CAA section 328(a)(1). This is a routine and ministerial
consistency update that does not directly affect any human health or
environmental conditions in the commonwealth of Virginia. In addition,
EPA provided for meaningful public involvement on this rule through the
notice and comment process, through which EPA received no comments.
This rule was in addition to the State-level notice and comment process
held by Virginia.
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
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, nor does it impose
substantial direct compliance costs on tribal governments or preempt
tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 22, 2023. 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).).
    This action does not impose any new information collection burden
under the Paper Reduction Act (PRA). See 44 U.S.C 3501. The Office of
Management and Budget (OMB) has previously approved the information
collection activities contained in the existing regulations at 40 CFR
part 55 and, by extension, this update to part 55, and has assigned OMB
control number 2060-0249.\3\ This action does not impose a new
information burden under PRA because this action only updates the state
rules that are incorporated by reference into 40 CFR part 55, appendix
A.
---------------------------------------------------------------------------

    \3\ OMB's approval of the information collection requirement
(ICR) can be viewed at www.reginfo.gov.
---------------------------------------------------------------------------

List of Subjects in 40 CFR Part 55

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

Adam Ortiz,
Regional Administrator, Region III.

    Part 55 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 55--OUTER CONTINENTAL SHELF AIR REGULATIONS

0
1. The authority citation for part 55 continues to read as follows:

    Authority:  Section 328 of the Clean Air Act (42 U.S.C. 7401 et
seq.) as amended by Pub. L. 101-549.

0
2. Section 55.14 is amended by revising paragraph (e)(22)(i)(A) to read
as follows:

Sec.  55.14   Requirements that apply to OCS sources located within 25
miles of States' seaward boundaries, by State.

* * * * *
    (e) * * *
    (22) * * *
    (i) * * *
    (A) Commonwealth of Virginia Requirements Applicable to OCS
Sources, September 8, 2021.
* * * * *

0
3. Appendix A to part 55 is amended by revising paragraph (a)(1) under
the heading ``Virginia'' to read as follows:

Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, by State

* * * * *
    Virginia:
    (a) * * *

    (1) The following Commonwealth of Virginia requirements are
applicable to OCS Sources, September 8, 2021, Commonwealth of
Virginia--Virginia Department of Environmental Quality.
    The following sections of Virginia Regulations for the Control
and Abatement of Air Pollution Control (VAC), Title 9, Agency 5:

Chapter 10--General Definitions

(Effective 05/19/2017)
9VAC5-10-10. General.
9VAC5-10-20. Terms defined.
9VAC5-10-30. Abbreviations.

Chapter 20--General Provisions

(Effective 02/19/2018 Except Where Noted)

Part I--Administrative

9VAC5-20-10. Applicability.
9VAC5-20-21. Documents incorporated by reference. (Effective 11/11/
2020).
9VAC5-20-50. Variances.
9VAC5-20-70. Circumvention.
9VAC5-20-80. Relationship of state regulations to Federal
regulations.
9VAC5-20-121. Air quality program policies and procedures.

Part II--Air Quality Programs

9VAC5-20-160. Registration.
9VAC5-20-170. Control programs.
9VAC5-20-180. Facility and control equipment maintenance or
malfunction.
9VAC5-20-200. Air quality control regions.
9VAC5-20-203. Maintenance areas.
9VAC5-20-204. Nonattainment areas.
9VAC5-20-205. Prevention of significant deterioration areas.
9VAC5-20-206. Volatile organic compound and nitrogen oxides emission
control areas.
9VAC5-20-220. Shutdown of a stationary source.
9VAC5-20-230. Certification of documents.

Chapter 30--Ambient Air Quality Standards

(Effective 05/15/2017)
9VAC5-30-10. General.
9VAC5-30-15. Reference conditions.
9VAC5-30-30. Sulfur oxides (sulfur dioxide).
9VAC5-30-40. Carbon monoxide.
9VAC5-30-50. Ozone (1-hour).
9VAC5-30-55. Ozone (8-hour, 0.08 ppm).
9VAC5-30-56. Ozone (8-hour, 0.075 ppm).
9VAC5-30-57. Ozone (8-hour, 0.070 ppm).
9VAC5-30-60. Particulate matter (PM10).
9VAC5-30-65. Particulate matter (PM2.5).
9VAC5-30-66. Particulate matter (PM2.5).
9VAC5-30-67. Particulate matter (PM2.5).
9VAC5-30-70. Oxides of nitrogen with nitrogen dioxide as the
indicator.
9VAC5-30-80. Lead.

Chapter 40--Existing Stationary Sources

Part I--Special Provisions

(Effective 12/12/2007)
9VAC5-40-10. Applicability.
9VAC5-40-20. Compliance.
9VAC5-40-21. Compliance schedules.
9VAC5-40-22. Interpretation of emission standards based on process
weight-rate tables.
9VAC5-40-30. Emission testing.
9VAC5-40-40. Monitoring.
9VAC5-40-41. Emission monitoring procedures for existing sources.
9VAC5-40-50. Notification, records and reporting.

Part II--Emission Standards

Article 1--Visible Emissions and Fugitive Dust/Emissions

(Effective 02/01/2003)
9VAC5-40-60. Applicability and designation of affected facility.
9VAC5-40-70. Definitions.
9VAC5-40-80. Standard for visible emissions.
9VAC5-40-90. Standard for fugitive dust/emissions.
9VAC5-40-100. Monitoring.
9VAC5-40-110. Test methods and procedures.
9VAC5-40-120. Waivers.

Article 4--General Process Operations

(Effective 12/15/2006)
9VAC5-40-240. Applicability and designation of affected facility.
9VAC5-40-250. Definitions.
9VAC5-40-260. Standard for particulate matter (AQCR 1-6).
9VAC5-40-270. Standard for particulate matter (AQCR 7).
9VAC5-40-280. Standard for sulfur dioxide.
9VAC5-40-290. Standard for hydrogen sulfide.
9VAC5-40-320. Standard for visible emissions.
9VAC5-40-330. Standard for fugitive dust/emissions.
9VAC5-40-360. Compliance.
9VAC5-40-370. Test methods and procedures.
9VAC5-40-380. Monitoring.
9VAC5-40-390. Notification, records and reporting.
9VAC5-40-400. Registration.
9VAC5-40-410. Facility and control equipment maintenance or
malfunction.
9VAC5-40-420. Permits.

Article 7--Incinerators

(Effective 01/01/1985)
9VAC5-40-730. Applicability and designation of affected facility.
9VAC5-40-740. Definitions.
9VAC5-40-750. Standard for particulate matter.
9VAC5-40-760. Standard for visible emissions.
9VAC5-40-770. Standard for fugitive dust/emissions.
9VAC5-40-800. Prohibition of flue-fed incinerators.
9VAC5-40-810. Compliance.
9VAC5-40-820. Test methods and procedures.
9VAC5-40-830. Monitoring.
9VAC5-40-840. Notification, records and reporting.
9VAC5-40-850. Registration.
9VAC5-40-860. Facility and control equipment maintenance or
malfunction.
9VAC5-40-870. Permits.

Article 8--Fuel Burning Equipment

(Effective 01/01/2002)
9VAC5-40-880. Applicability and designation of affected facility.
9VAC5-40-890. Definitions.
9VAC5-40-900. Standard for particulate matter.
9VAC5-40-910. Emission allocation system.
9VAC5-40-920. Determination of collection equipment efficiency
factor.
9VAC5-40-930. Standard for sulfur dioxide.
9VAC5-40-940. Standard for visible emissions.
9VAC5-40-950. Standard for fugitive dust/emissions.
9VAC5-40-980. Compliance.
9VAC5-40-990. Test methods and procedures.
9VAC5-40-1000. Monitoring.
9VAC5-40-1010. Notification, records and reporting.
9VAC5-40-1020. Registration.
9VAC5-40-1030. Facility and control equipment maintenance or
malfunction.
9VAC5-40-1040. Permits.

Article 14--Sand-Gravel Processing; Stone Quarrying & Processing

(Effective 01/01/1985)
9VAC5-40-1820. Applicability and designation of affected facility.
9VAC5-40-1830. Definitions.
9VAC5-40-1840. Standard for particulate matter.
9VAC5-40-1850. Standard for visible emissions.
9VAC5-40-1860. Standard for fugitive dust/emissions.
9VAC5-40-1890. Compliance.
9VAC5-40-1900. Test methods and procedures.
9VAC5-40-1910. Monitoring.
9VAC5-40-1920. Notification, records and reporting.
9VAC5-40-1930. Registration.
9VAC5-40-1940. Facility and control equipment maintenance or
malfunction.
9VAC5-40-1950. Permits.

Article 17--Woodworking Operations

(Effective 01/01/1985)
9VAC5-40-2250. Applicability and designation of affected facility.
9VAC5-40-2260. Definitions.
9VAC5-40-2270. Standard for particulate matter.
9VAC5-40-2280. Standard for visible emissions.
9VAC5-40-2290. Standard for fugitive dust/emissions.
9VAC5-40-2320. Compliance.
9VAC5-40-2330. Test methods and procedures.
9VAC5-40-2340. Monitoring.
9VAC5-40-2350. Notification, records and reporting.
9VAC5-40-2360. Registration.
9VAC5-40-2370. Facility and control equipment maintenance or
malfunction.
9VAC5-40-2380. Permits.

Article 18--Primary and Secondary Metal Operations

(Effective 01/01/1985)
9VAC5-40-2390. Applicability and designation of affected facility.
9VAC5-40-2400. Definitions.
9VAC5-40-2410. Standard for particulate matter.

9VAC5-40-2420. Standard for sulfur oxides.
9VAC5-40-2430. Standard for visible emissions.
9VAC5-40-2440. Standard for fugitive dust/emissions.
9VAC5-40-2470. Compliance.
9VAC5-40-2480. Test methods and procedures.
9VAC5-40-2490. Monitoring.
9VAC5-40-2500. Notification, records and reporting.
9VAC5-40-2510. Registration.
9VAC5-40-2520. Facility and control equipment maintenance or
malfunction.
9VAC5-40-2530. Permits.

Article 19--Lightweight Aggregate Process Operations

(Effective 01/01/1985)
9VAC5-40-2540. Applicability and designation of affected facility.
9VAC5-40-2550. Definitions.
9VAC5-40-2560. Standard for particulate matter.
9VAC5-40-2570. Standard for sulfur oxides.
9VAC5-40-2580. Standard for visible emissions.
9VAC5-40-2590. Standard for fugitive dust/emissions.
9VAC5-40-2620. Compliance.
9VAC5-40-2630. Test methods and procedures.
9VAC5-40-2640. Monitoring.
9VAC5-40-2650. Notification, records and reporting.
9VAC5-40-2660. Registration.
9VAC5-40-2670. Facility and control equipment maintenance or
malfunction.
9VAC5-40-2680. Permits.

Article 24--Solvent Metal Cleaning Operations

(Effective 03/24/2004)
9VAC5-40-3260. Applicability and designation of affected facility.
9VAC5-40-3270. Definitions.
9VAC5-40-3280. Standard for volatile organic compounds.
9VAC5-40-3290. Control technology guidelines.
9VAC5-40-3300. Standard for visible emissions.
9VAC5-40-3310. Standard for fugitive dust/emissions.
9VAC5-40-3340. Compliance.
9VAC5-40-3350. Test methods and procedures.
9VAC5-40-3360. Monitoring.
9VAC5-40-3370. Notification, records and reporting.
9VAC5-40-3380. Registration.
9VAC5-40-3390. Facility and control equipment maintenance or
malfunction.
9VAC5-40-3400. Permits.

Article 25--VOC Storage & Transfer Operations

(Effective 07/01/1991)
9VAC5-40-3410. Applicability and designation of affected facility.
9VAC5-40-3420. Definitions.
9VAC5-40-3430. Standard for volatile organic compounds.
9VAC5-40-3440. Control technology guidelines.
9VAC5-40-3450. Standard for visible emissions.
9VAC5-40-3460. Standard for fugitive dust/emissions.
9VAC5-40-3490. Compliance.
9VAC5-40-3500. Test methods and procedures.
9VAC5-40-3510. Monitoring.
9VAC5-40-3520. Notification, records and reporting.
9VAC5-40-3530. Registration.
9VAC5-40-3540. Facility and control equipment maintenance or
malfunction.
9VAC5-40-3550. Permits.

Article 34--Miscellaneous Metal Parts/Products Coating Application

(Effective 02/01/2016)
9VAC5-40-4760. Applicability and designation of affected facility.
9VAC5-40-4770. Definitions.
9VAC5-40-4780. Standard for volatile organic compounds.
9VAC5-40-4790. Control technology guidelines.
9VAC5-40-4800. Standard for visible emissions.
9VAC5-40-4810. Standard for fugitive dust/emissions.
9VAC5-40-4840. Compliance.
9VAC5-40-4850. Test methods and procedures.
9VAC5-40-4860. Monitoring.
9VAC5-40-4870. Notification, records and reporting.
9VAC5-40-4880. Registration.
9VAC5-40-4890. Facility and control equipment maintenance or
malfunction.
9VAC5-40-4900. Permits.

Article 37--Petroleum Liquid Storage and Transfer Operations

(Effective 07/30/2015)
9VAC5-40-5200. Applicability and designation of affected facility.
9VAC5-40-5210. Definitions.
9VAC5-40-5220. Standard for volatile organic compounds.
9VAC5-40-5230. Control technology guidelines.
9VAC5-40-5240. Standard for visible emissions.
9VAC5-40-5250. Standard for fugitive dust/emissions.
9VAC5-40-5280. Compliance.
9VAC5-40-5290. Test methods and procedures.
9VAC5-40-5300. Monitoring.
9VAC5-40-5310. Notification, records and reporting.
9VAC5-40-5320. Registration.
9VAC5-40-5330. Facility and control equipment maintenance or
malfunction.
9VAC5-40-5340. Permits.

Article 41--Mobile Sources

(Effective 08/01/1991)
9VAC5-40-5650. Applicability and designation of affected facility.
9VAC5-40-5660. Definitions.
9VAC5-40-5670. Motor vehicles.
9VAC5-40-5680. Other mobile sources.
9VAC5-40-5690. Export/import of motor vehicles.

Article 45--Commercial/Industrial Solid Waste Incinerators

(Effective 11/16/2016)
9VAC5-40-6250. Applicability and designation of affected facility.
9VAC5-40-6260. Definitions.
9VAC5-40-6270. Standard for particulate matter.
9VAC5-40-6360. Standard for visible emissions.
9VAC5-40-6370. Standard for fugitive dust/emissions.
9VAC5-40-6400. Operator training and qualification.
9VAC5-40-6410. Waste management plan.
9VAC5-40-6420. Compliance schedule.
9VAC5-40-6430. Operating limits.
9VAC5-40-6440. Facility and control equipment maintenance or
malfunction.
9VAC5-40-6450. Test methods and procedures.
9VAC5-40-6460. Compliance.
9VAC5-40-6470. Monitoring.
9VAC5-40-6480. Recordkeeping and reporting.
9VAC5-40-6490. Requirements for air curtain incinerators.
9VAC5-40-6500. Registration.
9VAC5-40-6510. Permits.
9VAC5-40-6520. Documents Incorporated by Reference.

Article 46--Small Municipal Waste Combustors

(Effective 05/04/2005)
9VAC5-40-6550. Applicability and designation of affected facility.
9VAC5-40-6560. Definitions.
9VAC5-40-6570. Standard for particulate matter.
9VAC5-40-6580. Standard for carbon monoxide.
9VAC5-40-6590. Standard for dioxins/furans.
9VAC5-40-6600. Standard for hydrogen chloride.
9VAC5-40-6610. Standard for sulfur dioxide.
9VAC5-40-6620. Standard for nitrogen oxides.
9VAC5-40-6630. Standard for lead.
9VAC5-40-6640. Standard for cadmium.
9VAC5-40-6650. Standard for mercury.
9VAC5-40-6660. Standard for visible emissions.
9VAC5-40-6670. Standard for fugitive dust/emissions.
9VAC5-40-6700. Operator training and certification.
9VAC5-40-6710. Compliance schedule.
9VAC5-40-6720. Operating requirements.
9VAC5-40-6730. Compliance.
9VAC5-40-6740. Test methods and procedures.
9VAC5-40-6750. Monitoring.
9VAC5-40-6760. Recordkeeping.
9VAC5-40-6770. Reporting.
9VAC5-40-6780. Requirements for air curtain incinerators that burn
100 percent yard waste.
9VAC5-40-6790. Registration.
9VAC5-40-6800. Facility and control equipment maintenance or
malfunction.
9VAC5-40-6810. Permits.

Article 47--Solvent Cleaning

(Effective 03/24/2004)
9VAC5-40-6820. Applicability and designation of affected facility.

9VAC5-40-6830. Definitions.
9VAC5-40-6840. Standard for volatile organic compounds.
9VAC5-40-6850. Standard for visible emissions.
9VAC5-40-6860. Standard for fugitive dust/emissions.
9VAC5-40-6890. Compliance.
9VAC5-40-6900. Compliance schedules.
9VAC5-40-6910. Test methods and procedures.
9VAC5-40-6920. Monitoring.
9VAC5-40-6930. Notification, records and reporting.
9VAC5-40-6940. Registration.
9VAC5-40-6950. Facility and control equipment maintenance or
malfunction.
9VAC5-40-6960. Permits.

Article 48--Mobile Equipment Repair and Refinishing

(Effective 10/01/2013)
9VAC5-40-6970. Applicability and designation of affected facility.
9VAC5-40-6975. Exemptions.
9VAC5-40-6980. Definitions.
9VAC5-40-6990. Standard for volatile organic compounds.
9VAC5-40-7000. Standard for visible emissions.
9VAC5-40-7010. Standard for fugitive dust/emissions.
9VAC5-40-7040. Compliance.
9VAC5-40-7050. Compliance schedule.
9VAC5-40-7060. Test methods and procedures.
9VAC5-40-7070. Monitoring.
9VAC5-40-7080. Notification, records and reporting.
9VAC5-40-7090. Registration.
9VAC5-40-7100. Facility and control equipment maintenance or
malfunction.
9VAC5-40-7110. Permits.

Article 51--Stationary Sources Subject to Case-by-Case RACT
Determinations

(Effective 12/02/2015)
9VAC5-40-7370. Applicability and designation of affected facility.
9VAC5-40-7380. Definitions.
9VAC5-40-7390. Standard for volatile organic compounds (1-hour ozone
standard).
9VAC5-40-7400. Standard for volatile organic compounds (8-hour ozone
standard).
9VAC5-40-7410. Standard for nitrogen oxides (1-hour ozone standard).
9VAC5-40-7420. Standard for nitrogen oxides (8-hour ozone standard).
9VAC5-40-7430. Presumptive reasonably available control technology
guidelines for stationary sources of nitrogen oxides.
9VAC5-40-7440. Standard for visible emissions.
9VAC5-40-7450. Standard for fugitive dust/emissions.
9VAC5-40-7480. Compliance.
9VAC5-40-7490. Test methods and procedures.
9VAC5-40-7500. Monitoring.
9VAC5-40-7510. Notification, records and reporting.
9VAC5-40-7520. Registration.
9VAC5-40-7530. Facility and control equipment maintenance or
malfunction.
9VAC5-40-7540. Permits.

Article 54--Large Municipal Waste Combustors

(Effective 07/01/2003)
9VAC5-40-7950. Applicability and designation of affected facility.
9VAC5-40-7960. Definitions.
9VAC5-40-7970. Standard for particulate matter.
9VAC5-40-7980. Standard for carbon monoxide.
9VAC5-40-7990. Standard for cadmium.
9VAC5-40-8000. Standard for lead.
9VAC5-40-8010. Standard for mercury.
9VAC5-40-8020. Standard for sulfur dioxide.
9VAC5-40-8030. Standard for hydrogen chloride.
9VAC5-40-8040. Standard for dioxin/furan.
9VAC5-40-8050. Standard for nitrogen oxides.
9VAC5-40-8060. Standard for visible emissions.
9VAC5-40-8070. Standard for fugitive dust/emissions.
9VAC5-40-8100. Compliance.
9VAC5-40-8110. Compliance schedules.
9VAC5-40-8120. Operating practices.
9VAC5-40-8130. Operator training and certification.
9VAC5-40-8140. Test Methods and Procedures.
9VAC5-40-8150. Monitoring.
9VAC5-40-8160. Notification, Records and Reporting.
9VAC5-40-8170. Registration.
9VAC5-40-8180. Facility and control equipment maintenance or
malfunction.
9VAC5-40-8190. Permits.

Chapter 50--New and Modified Stationary Sources

Part I--Special Provisions

(Effective 12/12/2007)
9VAC5-50-10. Applicability.
9VAC5-50-20. Compliance.
9VAC5-50-30. Performance testing.
9VAC5-50-40. Monitoring.
9VAC5-50-50. Notification, records and reporting.

Part II--Emission Standards

Article 1--Visible Emissions and Fugitive Dust/Emissions

(Effective 02/01/2003)
9VAC5-50-60. Applicability and designation of affected facility.
9VAC5-50-70. Definitions.
9VAC5-50-80. Standard for visible emissions.
9VAC5-50-90. Standard for fugitive dust/emissions.
9VAC5-50-100. Monitoring.
9VAC5-50-110. Test methods and procedures.
9VAC5-50-120. Waivers.

Article 4--Stationary Sources

(Effective 11/07/2012)
9VAC5-50-240. Applicability and designation of affected facility.
9VAC5-50-250. Definitions.
9VAC5-50-260. Standard for stationary sources.
9VAC5-50-270. Standard for major stationary sources (nonattainment
areas).
9VAC5-50-280. Standard for major stationary sources (prevention of
significant deterioration areas).
9VAC5-50-290. Standard for visible emissions.
9VAC5-50-300. Standard for fugitive dust/emissions.
9VAC5-50-330. Compliance.
9VAC5-50-340. Test methods and procedures.
9VAC5-50-350. Monitoring.
9VAC5-50-360. Notification, records and reporting.
9VAC5-50-370. Registration.
9VAC5-50-380. Facility and control equipment maintenance or
malfunction.
9VAC5-50-390. Permits.

Article 5--EPA Standards of Performance for New Stationary Sources
(Rule 5-5)

(Effective 02/20/2019 Except Where Noted)
9VAC5-50-400. General. (Effective 11/11/2020).
9VAC5-50-405. Authority to implement and enforce standards as
authorized by EPA.
9VAC5-50-410. Designated standards of performance.
9VAC5-50-420. Word or phrase substitutions.

Chapter 60--Hazardous Air Pollutant Sources

Part I--Special Provisions

(Effective 08/01/2002)
9VAC5-60-10. Applicability.
9VAC5-60-20. Compliance.
9VAC5-60-30. Emission testing.
9VAC5-60-40. Monitoring.
9VAC5-60-50. Notification, records and reporting.

Part II--Emission Standards

Article 1--EPA National Emission Standards for Hazardous Air Pollutants
(Rule 6-1)

(Effective 02/20/2019 Except Where Noted)
9VAC5-60-60. General. (Effective 11/11/2020).
9VAC5-60-65. Authority to implement and enforce standards as
authorized by EPA.
9VAC5-60-70. Designated emission standards.
9VAC5-60-80. Word or phrase substitutions.

Article 2--EPA National Emission Standards for Hazardous Air Pollutants
for Source Categories (Rule 6-2)

(Effective 03/02/2011 Except Where Noted)
9VAC5-60-90. General. (Effective 11/11/2020).
9VAC5-60-95. Authority to implement and enforce standards as
authorized by EPA.
9VAC5-60-100. Designated emission standards.
9VAC5-60-110. Word or phrase substitutions.

Article 3--Control Technology Determinations for Major Sources of
Hazardous Air Pollutants

(Effective 07/01/2004)
9VAC5-60-120. Applicability.
9VAC5-60-130. Definitions.
9VAC5-60-140. Approval process for new and existing affected
sources.

9VAC5-60-150. Application content for case-by-case MACT
determinations.
9VAC5-60-160. Preconstruction review procedures for new affected
sources subject to 9VAC5-60-140 C 1.
9VAC5-60-170. Maximum achievable control technology (MACT)
determinations for affected sources subject to case-by-case
determination of equivalent emission limitations.
9VAC5-60-180. Requirements for case-by-case determination of
equivalent emission limitations after promulgation of a subsequent
MACT standard.

Chapter 70--Air Pollution Episode Prevention

(Effective 04/01/1999)
9VAC5-70-10. Applicability.
9VAC5-70-20. Definitions.
9VAC5-70-30. General.
9VAC5-70-40. Episode determination
9VAC5-70-50. Standby emission reduction plans.
9VAC5-70-60. Control requirements.
9VAC5-70-70. Local air pollution control agency participation.

Chapter 80--Permits for Stationary Sources

Part II--Permit Procedures

Article 1--Federal (Title V) Operating Permits for Stationary Sources

(Effective 11/16/2016)
9VAC5-80-50. Applicability.
9VAC5-80-60. Definitions.
9VAC5-80-70. General.
9VAC5-80-80. Applications.
9VAC5-80-90. Application information required.
9VAC5-80-100. Emission caps.
9VAC5-80-110. Permit content.
9VAC5-80-120. General permits.
9VAC5-80-130. Temporary sources.
9VAC5-80-140. Permit shield.
9VAC5-80-150. Action on permit application.
9VAC5-80-160. Transfer of permits.
9VAC5-80-170. Permit renewal and expiration.
9VAC5-80-180. Permanent shutdown for emissions trading.
9VAC5-80-190. Changes to permits.
9VAC5-80-200. Administrative permit amendments.
9VAC5-80-210. Minor permit modifications.
9VAC5-80-220. Group processing of minor permit modifications.
9VAC5-80-230. Significant modification procedures.
9VAC5-80-240. Reopening for cause.
9VAC5-80-250. Malfunction.
9VAC5-80-260. Enforcement.
9VAC5-80-270. Public participation.
9VAC5-80-280. Operational flexibility.
9VAC5-80-290. Permit review by EPA and affected states.
9VAC5-80-300. Voluntary inclusions of additional state-only
requirements as applicable state requirements in the permit.

Article 2--Permit Program (Title V) Fees for Stationary Sources

(Effective 01/01/2018)
9VAC5-80-310. Applicability.
9VAC5-80-320. Definitions.
9VAC5-80-330. General.
9VAC5-80-340. Annual permit program fee calculation prior to January
1, 2018.
9VAC5-80-342. Annual Permit program emissions fee calculation on and
after January 2, 2018.
9VAC5-80-350. Annual permit program emissions fee payment.

Article 4--Insignificant Activities

(Effective 01/01/2001)
9VAC5-80-710. General.
9VAC5-80-720. Insignificant activities.

Article 5--State Operating Permits

(Effective 12/31/2008)
9VAC5-80-800. Applicability.
9VAC5-80-810. Definitions.
9VAC5-80-820. General.
9VAC5-80-830. Applications.
9VAC5-80-840. Application information required.
9VAC5-80-850. Standards and conditions for granting permits.
9VAC5-80-860. Action on permit application.
9VAC5-80-870. Application review and analysis.
9VAC5-80-880. Compliance determination and verification by testing.
9VAC5-80-890. Monitoring requirements.
9VAC5-80-900. Reporting requirements.
9VAC5-80-910. Existence of permit no defense.
9VAC5-80-920. Circumvention.
9VAC5-80-930. Compliance with local zoning requirements.
9VAC5-80-940. Transfer of permits.
9VAC5-80-950. Termination of permits.
9VAC5-80-960. Changes to permits.
9VAC5-80-970. Administrative permit amendments.
9VAC5-80-980. Minor permit amendments.
9VAC5-80-990. Significant amendment procedures.
9VAC5-80-1000. Reopening for cause.
9VAC5-80-1010. Enforcement.
9VAC5-80-1020. Public participation.
9VAC5-80-1030. General permits.
9VAC5-80-1040. Review and evaluation of article.

Article 6--Permits for New and Modified Stationary Sources

(Effective 03/27/2014)
9VAC5-80-1100. Applicability.
9VAC5-80-1105. Permit Exemptions.
9VAC5-80-1110. Definitions.
9VAC5-80-1120. General.
9VAC5-80-1140. Applications.
9VAC5-80-1150. Application information required.
9VAC5-80-1160. Action on permit application.
9VAC5-80-1170. Public participation.
9VAC5-80-1180. Standards and conditions for granting permits.
9VAC5-80-1190. Application review and analysis.
9VAC5-80-1200. Compliance determination and verification by
performance testing.
9VAC5-80-1210. Permit invalidation, suspension, revocation and
enforcement.
9VAC5-80-1220. Existence of permit no defense.
9VAC5-80-1230. Compliance with local zoning requirements.
9VAC5-80-1240. Transfer of permits.
9VAC5-80-1250. General permits.
9VAC5-80-1255. Actions to combine permit terms and conditions.
9VAC5-80-1260. Actions to change permits.
9VAC5-80-1270. Administrative permit amendments.
9VAC5-80-1280. Minor permit amendments.
9VAC5-80-1290. Significant amendment procedures.
9VAC5-80-1300. Reopening for cause.

Article 7--Permits for New and Reconstructed Major Sources of HAPs

(Effective 12/31/2008)
9VAC5-80-1400. Applicability.
9VAC5-80-1410. Definitions.
9VAC5-80-1420. General.
9VAC5-80-1430. Applications.
9VAC5-80-1440. Application information required.
9VAC5-80-1450. Action on permit application.
9VAC5-80-1460. Public participation.
9VAC5-80-1470. Standards and conditions for granting permits.
9VAC5-80-1480. Application review and analysis.
9VAC5-80-1490. Compliance determination and verification by
performance testing.
9VAC5-80-1500. Permit invalidation, rescission, revocation and
enforcement.
9VAC5-80-1510. Existence of permit no defense.
9VAC5-80-1520. Compliance with local zoning requirements.
9VAC5-80-1530. Transfer of permits.
9VAC5-80-1540. Changes to permits.
9VAC5-80-1550. Administrative permit amendments.
9VAC5-80-1560. Minor permit amendments.
9VAC5-80-1570. Significant amendment procedures.
9VAC5-80-1580. Reopening for cause.
9VAC5-80-1590. Requirements for constructed or reconstructed major
sources subject to a subsequently promulgated MACT standard or MACT
requirements.

Article 8--Permits for Major Stationary Sources and Modifications--PSD
Areas

(Effective 08/13/2015)
9VAC5-80-1605. Applicability.
9VAC5-80-1615. Definitions.
9VAC5-80-1625. General.
9VAC5-80-1635. Ambient air increments.
9VAC5-80-1645. Ambient air ceilings.
9VAC5-80-1655. Applications.
9VAC5-80-1665. Compliance with local zoning requirements.
9VAC5-80-1675. Compliance determination and verification by
performance testing.
9VAC5-80-1685. Stack heights.
9VAC5-80-1695. Exemptions.
9VAC5-80-1705. Control technology review.
9VAC5-80-1715. Source impact analysis.
9VAC5-80-1725. Air quality models.
9VAC5-80-1735. Air quality analysis.
9VAC5-80-1745. Source information.
9VAC5-80-1755. Additional impact analyses.
9VAC5-80-1765. Sources affecting Federal class I areas-additional
requirements.

9VAC5-80-1773. Action on permit application.
9VAC5-80-1775. Public participation.
9VAC5-80-1785. Source obligation.
9VAC5-80-1795. Environmental impact statements.
9VAC5-80-1805. Disputed permits.
9VAC5-80-1815. Interstate pollution abatement.
9VAC5-80-1825. Innovative control technology.
9VAC5-80-1865. Actuals plantwide applicability limits (PALs).
9VAC5-80-1915. Actions to combine permit terms and conditions.
9VAC5-80-1925. Actions to change permits.
9VAC5-80-1935. Administrative permit amendments.
9VAC5-80-1945. Minor permit amendments.
9VAC5-80-1955. Significant amendment procedures.
9VAC5-80-1965. Reopening for cause.
9VAC5-80-1975. Transfer of permits.
9VAC5-80-1985. Permit invalidation, suspension, revocation, and
enforcement.
9VAC5-80-1995. Existence of permit no defense.

Article 9--Permits for Major Stationary Sources and Modifications--
Nonattainment Areas

(Effective 05/15/2017)
9VAC5-80-2000. Applicability.
9VAC5-80-2010. Definitions.
9VAC5-80-2020. General.
9VAC5-80-2030. Applications.
9VAC5-80-2040. Application information required.
9VAC5-80-2050. Standards and conditions for granting permits.
9VAC5-80-2060. Action on permit application.
9VAC5-80-2070. Public participation.
9VAC5-80-2080. Compliance determination and verification by
performance testing.
9VAC5-80-2090. Application review and analysis.
9VAC5-80-2091. Source obligation.
9VAC5-80-2110. Interstate pollution abatement.
9VAC5-80-2120. Offsets.
9VAC5-80-2130. De minimis increases and stationary source
modification alternatives for ozone nonattainment areas classified
as serious or severe in 9VAC5-20-204.
9VAC5-80-2140. Exemptions.
9VAC5-80-2144. Actuals plantwide applicability limits (PALs).
9VAC5-80-2150. Compliance with local zoning requirements.
9VAC5-80-2170. Transfer of permits.
9VAC5-80-2180. Permit invalidation, suspension, revocation and
enforcement.
9VAC5-80-2190. Existence of permit no defense.
9VAC5-80-2195. Actions to combine permit terms and conditions.
9VAC5-80-2200. Actions to change permits.
9VAC5-80-2210. Administrative permit amendments.
9VAC5-80-2220. Minor permit amendments.
9VAC5-80-2230. Significant amendment procedures.
9VAC5-80-2240. Reopening for cause.

Article 10--Permit Application Fees for Stationary Sources

(Effective 01/01/2018)
9VAC5-80-2250. Applicability.
9VAC5-80-2260. Definitions.
9VAC5-80-2270. General.
9VAC5-80-2280. Permit application fee calculation prior to January
1, 2018.
9VAC5-80-2282. Permit application fee calculation on and after
January 1, 2018.
9VAC5-80-2290. Permit application fee payment.

Article 11--Annual Permit Maintenance Fees for Stationary Sources

(Effective 01/01/2018)
9VAC5-80-2310. Applicability.
9VAC5-80-2320. Definitions.
9VAC5-80-2330. General.
9VAC5-80-2340. Annual Permit Maintenance Fee Calculation Prior to
January 1, 2018.
9VAC5-80-2342. Annual Permit Maintenance Fee Calculation on and
After January 1, 2018.
9VAC5-80-2350. Annual Permit Maintenance Fee Payment.

Chapter 85--Permits for Stationary Sources of Pollutants Subject to
Regulation

(Effective 08/13/2015)

Part I--Applicability

9VAC5-85-10. Applicability.

Part II--Federal (Title V) Operating Permit Actions

9VAC5-85-20. Federal (Title V) operating permit actions.
9VAC5-85-30. Definitions.

Part III--Prevention of Significant Deterioration Area Permit Actions

9VAC5-85-40. Prevention of Significant Deterioration Area permit
actions.
9VAC5-85-50. Definitions.

Part IV--State Operating Permit Actions

9VAC5-85-60. State operating permit actions.
9VAC5-85-70. Definitions.

Chapter 130--Open Burning

(Effective 07/15/2015)

Part I--General Provisions

9VAC5-130-10. Applicability.
9VAC5-130-20. Definitions.

Part II--Volatile Organic Compound Emissions Control Areas

9VAC5-130-30. Open burning prohibitions.
9VAC5-130-40. Permissible open burning.

Part III--Special Statewide Requirements for Forestry, Agricultural and
Highway Programs

9VAC5-130-50. Forest management, agricultural practices and highway
construction and maintenance programs.

Chapter 151--Transportation Conformity

(Effective 11/16/2016)

Part I--General Definitions

9VAC5-151-10. Definitions.

Part II--General Provisions

9VAC5-151-20. Applicability.
9VAC5-151-30. Authority of board and DEQ.

Part III--Criteria and Procedures for Making Conformity Determinations

9VAC5-151-40. General.
9VAC5-151-50. Designated provisions.
9VAC5-151-60. Word or phrase substitutions.
9VAC5-151-70. Consultation.

Chapter 160--General Conformity

(Effective 05/15/2017)

Part I--General Definitions

9VAC5-160-10. General.
9VAC5-160-20. Terms defined.

Part II--General Provisions

9VAC5-160-30. Applicability.
9VAC5-160-40. Authority of board and department.
9VAC5-160-80. Relationship of state regulations to Federal
regulations.

Part III--Criteria and Procedures for Making Conformity Determinations

9VAC5-160-110. General.
9VAC5-160-120. Federal agency conformity analysis.
9VAC5-160-130. Reporting requirements.
9VAC5-160-140. Public participation.
9VAC5-160-150. Reevaluation of conformity.
9VAC5-160-160. Criteria for determining conformity of general
Federal actions.
9VAC5-160-170. Procedures for conformity determinations.
9VAC5-160-180. Mitigation of air quality impacts.
9VAC5-160-190. Savings provision.
* * * * *
[FR Doc. 2023-23244 Filed 10-20-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 21, 2009 (Volume 74, Number 138)]
[Proposed Rules]
[Page 35834-35837]
[DOCID:fr21jy09-29]

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

Coast Guard

33 CFR Part 100

[Docket No. USCG-2009-0395]
RIN 1625-AA08

Special Local Regulation, Swim Across the Sound, Long Island
Sound, Port Jefferson, NY to Captain's Cove Seaport, Bridgeport, CT

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a permanent special
local regulation on the navigable waters of Long Island Sound between
Port Jefferson, NY and Captain's Cove Seaport, Bridgeport, CT for the
annual Swim Across the Sound event. This special local regulation is
necessary to provide for the swimmers' safety on the navigable waters
of Long Island Sound. Under this proposed regulation, persons and
vessels are prohibited from entering the regulated area during this
annual event unless entry is authorized by the Captain of the Port Long
Island Sound or by designated on-scene patrol personnel.

DATES: Comments and related material must be received by the Coast
Guard on or before August 20, 2009.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0395 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail: Chief Petty Officer Christie Dixon, Prevention
Department, USCG Sector Long Island Sound at<PHONE_NUMBER>, 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:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0395), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and

material online (via http://www.regulations.gov) or by fax, mail, or
hand deliver, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0395'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0395 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. We have an agreement with the Department of
Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Background and Purpose

    The Swim Across the Sound has been successfully held for over
twenty years on the waters of Long Island Sound between Port Jefferson,
NY and Bridgeport, CT. This 25 KM swim has historically involved over
200 swimmers and accompanying safety craft. The swim course is located
directly northwest of Port Jefferson, NY and extends to Captain's Cove
Seaport, Bridgeport, CT. Currently there is no regulation in place to
protect the swimmers or safety craft from the hazards imposed by
passing water traffic and other water related activities.
    To ensure the continued safety of the swimmers, safety craft and
the boating public, the Coast Guard is proposing to establish a special
local regulation that would prohibit unauthorized persons and vessel
traffic from approaching within 100 yards of the swim participants as
they proceed along the race course. This action is intended to increase
the safety of the swimmers, the swimmer's safety craft and the boating
community from the hazards posed by vessels operating near persons
participating in this open water swim.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a permanent special local
regulation on the navigable waters of Long Island Sound to exclude all
unauthorized persons and vessels from approaching within 100 yards away
from any swimmer and/or the planned race course. The regulated area is
bounded by the following approximate points: Starting Point of Port
Jefferson Beach 40[deg]58'11.71'' N, 073[deg]05'51.12'' W, north
westerly to the finishing point at Captain's Cove Seaport at
approximate position 41[deg]09'25.07'' N, 073[deg]12'47.82'' W. The
duration of the event, and thus the enforcement period of the special
local regulation, is generally from 8:30 a.m. to 7:30 p.m. on the day
of the race.
    While the special local regulation will be permanent, it will only
be enforced for approximately 11 hours on the day of the race normally
held on a single day in August. Marine traffic that may safely do so
may transit outside of the area during the enforcement period, allowing
navigation in all other portions of Long Island Sound not covered by
this rule. Within the regulated area, approaching within 100 yards of
any swimmer would be prohibited unless authorized by the Captain of the
Port Long Island Sound or designated on-scene patrol personnel.
Notification of the race date and subsequent enforcement of the special
local regulation will be made via marine broadcasts and broadcast
notice to mariners. This rule would be effective annually on a date in
August to be specified in the Federal Register. Any violation of the
special local regulation described herein is punishable by, among
others, civil and criminal penalties, in rem liability against the
offending vessel, and license sanctions.

Regulatory Analyses

    We developed this proposed 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.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
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.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. This
regulation may have some impact on the public, but any potential impact
would be minimized for the following reason: Vessels may transit in all
areas of Long Island Sound, other than within 100 yards of event
participants within the regulated area; thus vessel traffic would be
allowed to pass through the regulated area during the event as long as
they remained outside 100 yards of any swimmer. Further, vessels would
only have minimal increased transit time and the special local
regulation will only be enforced for approximately 11 hours on a single
specified day each August, made publicly known in advance of the
scheduled event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 that under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities. This proposed rule may affect the
following entities, some of which may be small entities: The owners or
operators of vessels intending to transit in those portions of Long
Island Sound covered by the special local regulation. Before the
activation of the zone, we would issue maritime advisories in advance
of the event and make them widely available to users of the waterway.
For the reasons outlined in the Regulatory Evaluation section above,
this rule will not have a significant impact on a substantial number of
small entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would 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), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact: MSTC Christie Dixon, Prevention
Department, USCG Sector Long Island Sound at<PHONE_NUMBER>,
<EMAIL_ADDRESS>The Coast Guard will not retaliate against
small entities that question or complain about this proposed rule or
any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 or more in any
one year. Though this proposed rule would not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.

Taking of Private Property

    This proposed rule would not affect 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves the promulgation of special local regulations in
conjunction with a permitted marine event and falls under the category
of actions under paragraph 34(h) of the instruction for which further
environmental analysis is not normally required. We seek any comments
or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.

    2. Add Sec.  100.125 to read as follows:

Sec.  100.125  Swim Across the Sound, Long Island Sound, Port
Jefferson, NY to Captain's Cove Seaport, Bridgeport, CT.

    (a) Regulated area. All navigable waters of Long Island Sound
within 100 yards of the swim event race course consisting of the
following points: Starting Point at Port Jefferson Beach at approximate
position 40[deg]58'11.71'' N, 073[deg]05'51.12'' W, north-westerly to
the finishing point at Captain's Cove Seaport at approximate location
41[deg]09'25.07'' N, 073[deg]12'47.82'' W.
    (b) Definitions. The following definition applies to this section:
Designated On-scene Patrol Personnel, means any commissioned, warrant
and petty officers of the U.S. Coast Guard operating Coast Guard
vessels who have been authorized to act on the behalf of the Captain of
the Port Long Island Sound.
    (c) Special local regulations. (1) No person or vessel may approach
or remain within 100 yards of any swimmer within the regulated area
during the enforcement period of this regulation unless they are
officially participating in the Swim Across the Sound event or are
otherwise authorized by the Captain of the Port Long Island Sound or by
Designated On-scene Patrol Personnel.
    (2) All persons and vessels must comply with the instructions from
the Coast Guard Captain of the Port or the Designated On-scene Patrol
Personnel. The Designated On-scene Patrol Personnel may delay, modify,
or cancel the swim event as conditions or circumstances require.
    (3) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel must proceed
as directed.
    (4) Persons and vessels desiring to enter the regulated area within
100 yards of a swimmer may request permission to enter from the
designated on scene patrol personnel by contacting them on VHF-16 or by
a request to the Captain of the Port Long Island Sound via phone at
(203) 468-4401.
    (d) Enforcement Period. This rule is enforced annually on a date in
August. Notification of the specific date and enforcement of the
special local regulation will be made via Notice in the Federal
Register, marine broadcasts and local Notice to Mariners.

    Dated: June 17, 2009.
Daniel A. Ronan,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. E9-17244 Filed 7-20-09; 8:45 am]

BILLING CODE 4910-15-P


Comment Info: =================

General Comment:05/14/2014

Dockets Management Branch (HFA-305)
Food and Drug Administration
5630 Fishers Lane
Room 1061
Rockville, MD 20852

Re: Request for Extension of Comment Period: Docket No. FDA-2014-N-0189

We Pure Cigs, LLC have conducted preliminary review of your lengthy proposed
regulations and respectfully request that the Food and Drug Administration (FDA) extend the
comment period for the proposed rule entitled “Deeming Tobacco Products to be Subject to the
Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and
Tobacco Control Act; Regulations on the Sale and Distribution of Tobacco Products and
Required Warning Statements for Tobacco Products.”

We, Pure Cigs, LLC, are small electronic cigarette retailer,
employing fewer than 350 people. Founded in Q4 2009 after tremendous success as consumers
of the product ourselves, Pure Cigs strives to provide adult tobacco consumers with
high quality and effective electronic cigarette hardware and e-liquid.
As explained further below, the initial 75-day comment period does not provide
enough time for companies like Pure Cigs to adequately analyze the entire proposal and
provide substantive comments on the many questions posed by the agency. We need more time
to address this 240-page document whose contents will deal a devastating economic blow to our
business.

The preamble to the proposed rule identifies approximately 70 topics and issues the
agency has requested comments on. Many of these issues are complex and difficult and relate to
an extremely diverse array of products. Clearly, the lengthy time period that the Agency
required to propose these regulations is evidence that the issues addressed in the proposal are
multi-faceted and challenging. FDA cannot expect any interested party, and in particular, any
manufacturer, to conduct a meaningful review and analysis of these issues and provide detailed
and thoughtful comment in a 75-day period.

Therefore, Pure Cigs again respectfully requests that FDA extend the comment period
by 105 days and agree to accept comments filed to the docket on or before October 22, 2014.
This will help ensure that the final rule is based on an adequate and meaningful administrative
record. Thank you in advance for your consideration of this request.

Sincerely,

Mark Nowak
President
Pure Cigs, LLC - Melbourne, FL


[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Notices]
[Pages 59606-59607]
[FR Doc No: 2017-27095]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0393; FRL-9970-54]

Interim Registration Review Decisions and Case Closures for
Several Pesticides; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of EPA's interim
registration review decision for the chemicals listed in the Table in
Unit II of this Notice. It also announces the case closure for metiram
(Case 0644 and Docket ID Number: EPA-HQ-OPP-2015-0290) because all of
the U.S. registrations for this pesticide have been canceled.
Registration review is EPA's periodic review of pesticide registrations
to ensure that each pesticide continues to satisfy the statutory
standard for registration; that is, the pesticide can perform its
intended function without causing unreasonable adverse effects on human
health or the environment. Through this program, EPA is ensuring that
each pesticide's registration is based on current scientific and other
knowledge, including its effects on human health and the environment.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farm worker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the pesticide specific contact person listed under FOR FURTHER
INFORMATION CONTACT: For pesticide specific information, contact: The
Chemical Review Manager for the pesticide of interest identified in the
table in Unit II.
    For general information on the registration review program,
contact: Dana Friedman, Pesticide Re-Evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(703) 347-8827; email address: [email protected].

II. What action is the Agency taking?

    Pursuant to 40 CFR 155.58(c), this notice announces the
availability of EPA's interim registration review decision for the
chemicals listed in the Table in Unit II.
    Pursuant to 40 CFR 155.57, a registration review decision is the
Agency's determination whether a pesticide meets, or does not meet, the
standard for registration in Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). EPA has considered the chemicals listed in the
following Table in light of the FIFRA standard for registration. The
interim registration review decisions are supported by rationales
included in the docket established for each chemical.
    In addition to the interim registration review decision document,
the registration review docket for the chemicals listed in the Table
also includes other relevant documents related to the registration
review of these cases. The proposed interim registration review
decision was posted to the docket and the public was invited to submit
any comments or new information.

                            Table--Registration Review Interim Decisions Being Issued
----------------------------------------------------------------------------------------------------------------
  Registration review case name and                                                  Chemical review manager and
               number                                 Docket ID No.                      contact information
----------------------------------------------------------------------------------------------------------------
Bifenazate case 7609................  EPA-HQ-OPP-2012-0633                          Garland Waleko,
                                                                                [email protected], 703-
                                                                                308-8049.
Clethodim Case 7226.................  EPA-HQ-OPP-2008-0658                          Bilin Basu,
                                                                                [email protected], 703-347-
                                                                                0455.
Ethalfluralin Case 2260.............  EPA-HQ-OPP-2011-0094                          Patricia Biggio,
                                                                                [email protected],
<PHONE_NUMBER>.
Fenitrothion Case 0445..............  EPA-HQ-OPP-2009-0172                          Leigh Rimmer,
                                                                                [email protected], 703-
                                                                                347-0553.
Pirimiphos-methyl Case 2535.........  EPA-HQ-OPP-2009-0056                          Caitlin Newcamp,
                                                                                [email protected],
<PHONE_NUMBER>.
----------------------------------------------------------------------------------------------------------------

    EPA addressed the comments or information received during the 60-
day comment period for the proposed interim decisions in the discussion
for each pesticide listed in the Table. Comments from the 60-day
comment period that were received may or may not have affected the
Agency's interim decision.
    Pursuant to 40 CFR 155.58(c), the registration review case docket
for the chemicals listed in the Table will remain open until all
actions required in the interim decision have been completed.
    Background on the registration review program is provided at:
http://www.epa.gov/pesticide-reevaluation. Earlier documents related to
the registration review of these pesticides are provided in the
chemical specific dockets listed in the Table.
    This document also announces the closure of the registration review
case for metiram (Case 0644 and Docket ID Number: EPA-HQ-OPP-2015-0290)
because all of the U.S. registrations for this pesticide have been
canceled.

    Authority:  7 U.S.C. 136 et seq.

    Dated: November 20, 2017.
Yu-Ting Guilaran,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2017-27095 Filed 12-14-17; 8:45 am]
 BILLING CODE 6560-50-P