Notice of Draft National Pollutant Discharge Elimination System (NPDES) General Permit for the Eastern Portion of the Outer Continental Shelf (OCS) of the Gulf of Mexico (GEG460000); Availability of Draft Environmental Assessment, 55196-55199 [2016-19099]
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Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on commenting
or visiting the docket, along with more
information about dockets generally, is
available at https://www.epa.gov/
dockets.
FOR FURTHER INFORMATION CONTACT:
Robert McNally, Biopesticides and
Pollution Prevention Division (BPPD)
(7511P), main telephone number: (703)
305–7090, email address:
BPPDFRNotices@epa.gov; or Michael
Goodis, Registration Division (RD)
(7505P), main telephone number: (703)
305–7090, email address:
RDFRNotices@epa.gov. The mailing
address for each contact person is:
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001. As part of the mailing
address, include the contact person’s
name, division, and mail code. The
division to contact is listed at the end
of each application summary.
SUPPLEMENTARY INFORMATION:
I. General Information
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A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or email. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
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information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When preparing and submitting your
comments, see the commenting tips at
https://www.epa.gov/dockets/
comments.html.
II. Registration Applications
EPA has received applications to
register new uses for pesticide products
containing currently registered active
ingredients. Pursuant to the provisions
of FIFRA section 3(c)(4) (7 U.S.C.
136a(c)(4)), EPA is hereby providing
notice of receipt and opportunity to
comment on these applications. Notice
of receipt of these applications does not
imply a decision by the Agency on these
applications.
1. EPA Registration Numbers: 264–
1049, 264–1050, 264–1065. Docket ID
number: EPA–HQ–OPP–OPP–2016–
0255. Applicant: Bayer CropScience,
P.O. Box 12014, Research Triangle Park,
North Carolina 27709. Active ingredient:
Spirotetramat. Product type: Insecticide.
Proposed use: Carrot. Contact: RD.
2. EPA Registration Numbers: 264–
1049, 264–1050, 264–1051, 264–1065.
Docket ID number: EPA–HQ–OPP–OPP–
2016–0255. Applicant: Bayer
CropScience, P.O. Box 12014, Research
Triangle Park, North Carolina 27709.
Active ingredient: Spirotetramat.
Product type: Insecticide. Proposed
uses: Sugar beet, bushberry subgroup
low growing berry (crop subgroups 13–
07B and 13–07H). Contact: RD.
3. EPA Registration Number: 2724–
804. Docket ID number: EPA–HQ–OPP–
2016–0342. Applicant: Wellmark
International; 1501 E. Woodfield Road,
Suite 200 West; Schaumburg, IL 60173.
Active ingredient: Piperonyl butoxide.
Product type: Insecticide. Proposed use:
Fungi, edible, group 21. Contact: RD.
4. EPA Registration Numbers: 42750–
85 and 42750–169. Docket ID number:
EPA–HQ–OPP–2016–0384. Applicant:
Albaugh, LLC, P.O. Box 2127, Valdosta,
GA 31604. Active ingredient:
Quinclorac. Product type: Herbicide.
Proposed uses: Bushberries, caneberries,
and asparagus. Contact: RD.
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5. EPA Registration Number: 89459–
19. Docket ID number: EPA–HQ–OPP–
2016–0342. Applicant: Central Garden
and Pet Company; 1501 East Woodfield
Road, Suite 200W; Schaumburg, IL
60173. Active ingredient: Piperonyl
butoxide. Product type: Insecticide.
Proposed use: Fungi, edible, group 21.
Contact: RD.
6. File Symbol: 6218–IT. Docket ID
number: EPA–HQ–OPP–2016–0165.
Applicant: Summit Chemical Co., 235 S.
Kresson St., Baltimore, MD 21224–2616.
Active ingredient: Bacillus thuringiensis
subspecies israelensis strain SUM–6218.
Product type: Insecticide. Proposed use:
To control mosquito larvae outdoors,
indoors, and in residential areas and
psychodid fly larvae in wastewater
treatment plants. Contact: BPPD.
7. File Symbol: 7173–GNL. Docket ID
number: EPA–HQ–OPP–2016–0420.
Applicant: Liphatech, 3600 West Elm
St., Milwaukee, WI 53209. Active
ingredient: Chlorophacinone. Product
type: Rodenticide. Proposed use:
California ground squirrels. Contact:
RD.
8. File Symbol: 42750–GRG. Docket ID
number: EPA–HQ–OPP–2016–0360.
Applicant: Albaugh, LLC, P.O. Box
2127, Valdosta, GA 31604. Active
ingredient: quizalofop-P-ethyl. Product
type: Herbicide. Proposed use:
Herbicide-tolerant wheat. Contact: RD.
Authority: 7 U.S.C. 136 et seq.
Dated: August 10, 2016.
Michael Goodis,
Acting Director, Registration Division, Office
of Pesticide Programs.
[FR Doc. 2016–19759 Filed 8–17–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9950–23-Region 4]
Notice of Draft National Pollutant
Discharge Elimination System
(NPDES) General Permit for the
Eastern Portion of the Outer
Continental Shelf (OCS) of the Gulf of
Mexico (GEG460000); Availability of
Draft Environmental Assessment
Environmental Protection
Agency (EPA).
ACTION: Notice of Proposed Reissuance
of NPDES General Permit, Notice to
States of Mississippi, Alabama and
Florida for Consistency Review with
approved Coastal Management
Programs.
AGENCY:
The Regional Administrator
of EPA Region 4 (the ‘‘Region’’) is today
proposing to reissue the National
SUMMARY:
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Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices
Pollutant Discharge Elimination System
(NPDES) general permit for the Outer
Continental Shelf (OCS) of the Gulf of
Mexico (General Permit No.
GEG460000) for discharges in the
Offshore Subcategory of the Oil and Gas
Extraction Point Source Category. The
draft permit pertains to discharges from
exploration, development, and
production facilities located in and
discharging, to all Federal waters of the
eastern portion of the Gulf of Mexico
seaward of the outer boundary of the
territorial seas, and covers existing and
new source facilities with operations
located on Federal leases occurring in
water depths seaward of 200 meters,
occurring offshore the coasts of Alabama
and Florida. The western boundary of
the coverage area is demarcated by
Mobile and Visoca Knoll lease blocks
located seaward of the outer boundary
of the territorial seas from the coasts of
Mississippi and Alabama. Individual
permits will be issued for operating
facilities on lease blocks traversed by
and shoreward of the 200 meter water
depth.
As proposed, this Draft NPDES
general permit includes, best
conventional pollutant control
technology (BCT), and best available
technology economically achievable
(BAT) limitations for existing sources
and new source performance standards
(NSPS) limitations for new sources as
promulgated in the effluent guidelines
for the offshore subcategory. The draft
permit also includes the following
changes to the expired permit: (1) New
electronic reporting requirements; (2)
new whole effluent toxicity testing
sampling and reporting requirements for
well treatment, completion, and
workover fluids not discharged with
produced wastewaters; (3) requirements
to submit additional information
pertaining to the chemicals and
additives used in well treatment,
completion and workover operations;
and (4) clarification regarding types of
operators. Region 4 is also making
available a Draft Environmental
Assessment (EA) for review during the
30 day public comment period for this
general permit. The Draft EA addresses
potential impacts from proposed
changes to the general permit, and it
considers recent technical studies.
DATES: Comments must be received by
September 17, 2016.
ADDRESSES: The Draft NPDES general
permit, permit fact sheet, Draft EA and
other relevant documents are on file and
may be inspected any time between 8:15
a.m. and 4:30 p.m., Monday through
Friday at the address shown below.
Copies of the Draft NPDES general
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permit, permit fact sheet, Draft EA and
other relevant documents may be
obtained by writing the U.S. EPARegion 4, Water Protection Division
(WPD), NPDES Section, Sam Nunn
Atlanta Federal Center, 61 Forsyth
Street SW., Atlanta, Georgia 30303–
8960, Attention: Ms. Bridget Staples, or
by calling (404) 562–9783.
Alternatively, copies of the Draft NPDES
general permit, permit fact sheet, Draft
EA, Essential Fish Habitat
Determination and preliminary Ocean
Discharge Criteria Evaluation may be
downloaded at: https://www.epa.gov/
aboutepa/about-epa-region-4-southeast.
Submit comments to the WPD, U.S.
EPA-Region 4, NPDES Permitting
Section, Sam Nunn Atlanta Federal
Center, 61 Forsyth Street SW., Atlanta,
GA 30303–8960, Attention: Ms. Bridget
Staples.
FOR FURTHER INFORMATION CONTACT: Ms.
Bridget Staples, EPA Region 4, WPD,
NPDES Section, by mail at the Atlanta
address given above, by telephone at
(404) 562–9783 or by email at
Staples.Bridget@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Procedures for Reaching a Final
Permit Decision
Pursuant to 40 CFR 124.13, any
person who believes any condition of
the permit is inappropriate must raise
all reasonably ascertainable issues and
submit all reasonably available
arguments in full, supporting their
position, by the close of the comment
period. All comments on the Draft
NPDES general permit and the Draft EA
received within the 30-day comment
period will be considered in the
formulation of final determination
regarding the National Environmental
Policy Act (NEPA) review and the
permit reissuance. After consideration
of all written comments and the
requirements and policies in the CWA
and appropriate regulations, the EPA
Regional Administrator will make a
determination regarding the Final EA,
Finding of No Significant Impact, and
permit reissuance. If the determination
results in a permit that is substantially
unchanged from the draft permit
announced by this notice, the Regional
Administrator will so notify all persons
submitting written comments. If the
determination results in a permit that is
substantially changed, the Regional
Administrator will issue a public notice
indicating the revised determination.
A formal hearing is available to
challenge any NPDES permit issued
according to the regulations at 40 CFR
124.15 and 124.19, except for a general
permit, as provided at 40 CFR 124.19(o).
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55197
Persons affected by a general permit
may not challenge the conditions of a
general permit as a right in further
Agency proceedings. They may instead
either challenge the general permit in
court, or apply for an individual permit
as authorized at 40 CFR 122.28, in
accordance with the application
requirements set forth at 40 CFR 122.21,
and then request a formal hearing on the
issuance or denial of an individual
permit. Additional information
regarding these procedures is available
by contacting Mr. Paul Schwartz,
Associate Regional Counsel, Office of
Regional Counsel, at (404) 562–9576.
II. Procedures for Obtaining General
Permit Coverage
Notice of Intent requirements for
obtaining coverage for operating
facilities are stated in Part I Section A.4
of the general permit. Coverage under
the reissued general permit is effective
upon receipt of notification of coverage
with an assignment of an NPDES
general permit number from the EPARegion 4, Director of the Water
Protection Division. EPA will act on the
Notice of Intent (NOI) within a
reasonable period of time.
III. Exclusion of Non-Operational
Leases
This permit does not apply to nonoperational leases, i.e., those on which
no discharge has taken place in the two
(2) years prior to the effective date of the
reissued general permit. EPA will not
initially accept NOIs for such leases,
and the general permit will not cover
such leases, except as set forth below.
Non-operational leases will lose
coverage under the previous general
permit on the effective date of the
reissued general permit. No subsequent
exploration, development or production
activities may take place on these leases
until and unless the lessee has obtained
coverage under the new general permit
or an individual permit. EPA will not
accept an NOI or individual permit
application for non-operational or new
acquired leases until such time as an
Exploration Plan Document or the
Development Operations Coordination
Document has been prepared and
submitted to Bureau of Energy
Management.
IV. State Water Quality Certification
Because state waters are not included
in the area covered by the OCS general
permit, its effluent limitations and
monitoring requirements are not subject
to state water quality certification under
CWA Section 401. However, the states
of Alabama, Florida and Mississippi
have been provided a copy of this draft
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general permit, Draft EA to review and
submit comments. Copies of these
documents have also been provided to
EPA Headquarters for their review.
V. State Consistency Determination
This Notice will also serve as Region
4’s requirement under the Coastal Zone
Management Act (CZMA) to provide all
necessary information for the States of
Mississippi, Alabama and Florida to
review this action for consistency with
their approved Coastal Zone
Management Programs. A copy of the
consistency determination on the
proposed activities is being sent to each
affected State, along with a letter
including this FR notice, which
provides the EPA Web site where
electronic copies can be obtained of the
Draft NPDES general permit, permit fact
sheet, preliminary Ocean Discharge
Criteria Evaluation, and Draft EA. Other
relevant information for their review is
available upon request from each State.
Comments regarding State Consistency
are invited in writing within 30 days of
this notice to the WPD, U.S. EPA-Region
4, NPDES Section, Sam Nunn Atlanta
Federal Center, 61 Forsyth Street SW.,
Atlanta, GA 30303–8960, Attention: Ms.
Bridget Staples.
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VI. Public Comment Period and Public
Hearings
The public comment period for the
Draft NPDES permit, Draft EA will begin
on the date of publication of this notice
in the Federal Register and end 30
calendar days later.
VII. Administrative Record
The Draft NPDES general permit,
permit fact sheet, Draft EA and other
relevant documents are on file and may
be inspected any time between 8:15 a.m.
and 4:30 p.m., Monday through Friday
at the address shown below. Copies of
the Draft NPDES general permit, permit
fact sheet, Draft EA and other relevant
documents may be obtained by writing
the U.S. EPA-Region 4, WPD, NPDES
Permitting Section, Sam Nunn Atlanta
Federal Center, 61 Forsyth Street SW.,
Atlanta, GA 30303–8960, Attention: Ms.
Bridget Staples, or by calling (404) 562–
9783. Alternatively, copies of the Draft
NPDES general permit, permit fact
sheet, Draft EA, Essential Fish Habitat
Determination and preliminary Ocean
Discharge Criteria Evaluation may be
downloaded at: https://www.epa.gov/
aboutepa/about-epa-region-4-southeast.
VIII. Executive Order 12866
Under Executive Order 12866 (58 FR
51735 (October 4, 1993)) the Agency
must determine whether the regulatory
action is ‘‘significant’’ and therefore
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subject to Office of Management and
Budget (OMB) review and the
requirements of the Executive Order.
The Order defines ‘‘significant
regulatory action’’ as one that is likely
to result in a rule that may: (1) Have an
annual effect on the economy of $100
million or more or adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health, or
safety, or State, local, or Tribal
governments or communities; (2) create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (3)
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order. OMB has exempted review of
NPDES general permits under the terms
of Executive Order 12866.
IX. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment rule
making requirements under the
Administrative Procedures Act (APA) or
any other statute, unless the agency
certifies that the rule will not have a
significant economic impact on a
substantial number of small entities.
Small entities include small businesses,
small organizations, and small
governmental jurisdictions.
Issuance of an NPDES general permit
is not subject to rule making
requirements, including the requirement
for a general notice of proposed rule
making, under APA Section 533 or any
other law, and is thus not subject to the
RFA requirements.
The APA defines two broad, mutually
exclusive categories of agency action—
‘‘rules’’ and ‘‘orders.’’ APA Section
551(4) defines rule as ‘‘an agency
statement of general or particular
applicability and future effect designed
to implement, interpret or prescribe law
or policy or describing the organization,
procedure, or practice or requirements
of an agency . . . ’’ APA Section 551(6)
defines orders as ‘‘a final disposition
. . . of an agency in a matter other than
rule making but including licensing.’’
APA Section 551(8) defines ‘‘license’’ to
‘‘include . . . an agency permit . . . ’’
The APA thus categorizes a permit as an
order, which by the APA’s definition is
not a rule. Section 553 of the APA
establishes ‘‘rule making’’ requirements.
APA Section 551(5) defines ‘‘rule
making’’ as ‘‘the agency process for
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formulating, amending, or repealing a
rule.’’ By its terms, Section 553 applies
only to rules and not to orders,
exempting by definition permits.
X. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their ‘‘regulatory actions’’ to refer to
regulations. (See, e.g., UMRA Section
401, ‘‘Each agency shall . . . assess the
effects of Federal regulatory actions . . .
(other than to the extent that such
regulations incorporate requirements
specifically set forth in law).’’) UMRA
Section 102 defines ‘‘regulation’’ by
reference to 2 U.S.C. 658 which in turn
defines ‘‘regulation’’ and ‘‘rule’’ by
reference to Section 601(2) of the RFA.
That section of the RFA defines ‘‘rule’’
as ‘‘any rule for which the agency
publishes a notice of proposed rule
making pursuant to Section 553(b) of
the APA, or any other law.’’
As discussed in the RFA section of
this notice, NPDES general permits are
not ‘‘rules’’ by definition under the APA
and thus not subject to the APA
requirement to publish a notice of
proposed rule making. NPDES general
permits are also not subject to such a
requirement under the CWA. While EPA
publishes a notice to solicit public
comment on draft general permits, it
does so pursuant to the CWA Section
402(a) requirement to provide an
opportunity for a hearing. Therefore,
NPDES general permits are not ‘‘rules’’
for RFA or UMRA purposes.
XI. Paperwork Reduction Act
The information collection required
by this permit has been approved by
OMB under the provisions of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq., in submission made for the
NPDES permit program and assigned
OMB control numbers 2040–0086
(NPDES permit application) and 2040–
0004 [(NPDES Discharge Monitoring
Reports (DMRs)].
Because this permit is very similar in
reporting and application requirements
and in discharges which are required to
be monitored as the previous Eastern
Gulf of Mexico OCS general permit
(GEG460000), the paperwork burdens
are expected to be nearly identical.
When it issued the previous OCS
general permit, EPA estimated it would
take an affected facility three hours to
prepare the request for coverage and 38
hours per year to prepare DMRs. It is
estimated that the time required to
prepare the request for coverage and
DMRs for the reissued permit will be
approximately the same.
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Dated: July 27, 2016.
James D. Giattina,
Director, Water Protection Division.
fcc.gov and to Cathy.Williams@fcc.gov.
Include in the comments the OMB
control number as shown in the
SUPPLEMENTARY INFORMATION section
below.
[FR Doc. 2016–19099 Filed 8–17–16; 8:45 am]
BILLING CODE 6560–50–P
FOR FURTHER INFORMATION CONTACT:
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0936]
Information Collection Being
Submitted for Review and Approval to
the Office of Management and Budget
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act (PRA) of 1995 (44 U.S.C. 3501–
3520), the Federal Communications
Commission (FCC or Commission)
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collections.
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
The FCC may not conduct or sponsor a
collection of information unless it
displays a currently valid OMB control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
PRA that does not display a valid OMB
control number.
DATES: Written PRA comments should
be submitted on or before September 19,
2016. If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: Direct all PRA comments
Nicholas A. Fraser, OMB, via email:
Nicholas_A._Fraser@omb.eop.gov; and
to Cathy Williams, FCC, via email PRA@
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SUMMARY:
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Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2016–19741 Filed 8–17–16; 8:45 am]
BILLING CODE 6712–01–P
For
additional information about the
information collection, contact Cathy
Williams at (202) 418–2918.
SUPPLEMENTARY INFORMATION:
OMB Control No.: 3060–0936.
Title: Sections 95.1215, 95.1217,
95.1223 and 95.1225, Medical Device
Radiocommunications Service
(MedRadio).
Form No.: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit and not-for-profit institutions.
Number of Respondents: 3,120
respondents; 3,120 responses.
Estimated Time per Response: 1–3
hours.
Frequency of Response: On occasion
reporting requirement, third party
disclosure requirement and
recordkeeping requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this information collection
is contained in 47 U.S.C. 151 and 303
of the Communications Act of 1934, as
amended.
Total Annual Burden: 9,120 hours.
Total Annual Cost: No cost.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Needs and Uses: The Federal
Communications Commission is
requesting that the Office of
Management and Budget (OMB)
approve for a period of three years an
extension for the information collection
requirements contained in this
collection.
The information collection
requirements that are approved under
this information collection are
contained in 47 CFR 95.1225(b) and (c),
95.1217(a)(3) and (c), 95.1223 and
95.1225 which relate to the Medical
Device Radiocommunication Service
(MedRadio).
The information is necessary to allow
the coordinator and parties using the
database to contact other users to verify
information and resolve potential
conflicts. Each user is responsible for
determining in advance whether new
devices are likely to cause or be
susceptible to interference from devices
already registered in the coordination
database.
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FEDERAL COMMUNICATIONS
COMMISSION
[DA 16–720]
Order Declares JuBe Communications,
LLC’s International Section 214
Authorization Terminated
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
In this document, the
International Bureau of the Federal
Communications Commission
(Commission) declares the international
Section 214 authorization granted to
JuBe Communications, LLC (JuBe)
terminated given JuBe’s inability to
comply with the express condition for
holding the authorization. It also
concludes that JuBe failed to comply
with those requirements of the
Communications Act of 1934, as
amended (the Act) and the
Commission’s rules that ensure that the
Commission can contact and
communicate with the authorization
holder and verify JuBe is still providing
service, which failures have prevented
any way of addressing JuBe’s inability to
comply with the condition of its
authorization.
FOR FURTHER INFORMATION CONTACT: Cara
Grayer, Telecommunications and
Analysis Division, International Bureau
at (202) 418–2960 or Cara.Grayer@
fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order,
DA 16–720, adopted and released July 1,
2016.
SUMMARY:
Background
Section 214(a) of the Act prohibits
any carrier from constructing,
extending, acquiring, or operating any
line, and from engaging in transmission
through any such line, without first
obtaining a certificate of authorization
from the Commission. Under Section
214(c) of the Act, the Commission ‘‘may
attach to the issuance of the certificate
such terms and conditions as in its
judgment the public convenience and
necessity may require.’’ On July 27,
2007, the International Bureau granted
JuBe an international Section 214
authorization to provide global or
limited global facility-based service and
global or limited global resale service in
E:\FR\FM\18AUN1.SGM
18AUN1
]]>Agencies
[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Notices]
[Pages 55196-55199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19099]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9950-23-Region 4]
Notice of Draft National Pollutant Discharge Elimination System
(NPDES) General Permit for the Eastern Portion of the Outer Continental
Shelf (OCS) of the Gulf of Mexico (GEG460000); Availability of Draft
Environmental Assessment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Proposed Reissuance of NPDES General Permit, Notice
to States of Mississippi, Alabama and Florida for Consistency Review
with approved Coastal Management Programs.
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SUMMARY: The Regional Administrator of EPA Region 4 (the ``Region'') is
today proposing to reissue the National
[[Page 55197]]
Pollutant Discharge Elimination System (NPDES) general permit for the
Outer Continental Shelf (OCS) of the Gulf of Mexico (General Permit No.
GEG460000) for discharges in the Offshore Subcategory of the Oil and
Gas Extraction Point Source Category. The draft permit pertains to
discharges from exploration, development, and production facilities
located in and discharging, to all Federal waters of the eastern
portion of the Gulf of Mexico seaward of the outer boundary of the
territorial seas, and covers existing and new source facilities with
operations located on Federal leases occurring in water depths seaward
of 200 meters, occurring offshore the coasts of Alabama and Florida.
The western boundary of the coverage area is demarcated by Mobile and
Visoca Knoll lease blocks located seaward of the outer boundary of the
territorial seas from the coasts of Mississippi and Alabama. Individual
permits will be issued for operating facilities on lease blocks
traversed by and shoreward of the 200 meter water depth.
As proposed, this Draft NPDES general permit includes, best
conventional pollutant control technology (BCT), and best available
technology economically achievable (BAT) limitations for existing
sources and new source performance standards (NSPS) limitations for new
sources as promulgated in the effluent guidelines for the offshore
subcategory. The draft permit also includes the following changes to
the expired permit: (1) New electronic reporting requirements; (2) new
whole effluent toxicity testing sampling and reporting requirements for
well treatment, completion, and workover fluids not discharged with
produced wastewaters; (3) requirements to submit additional information
pertaining to the chemicals and additives used in well treatment,
completion and workover operations; and (4) clarification regarding
types of operators. Region 4 is also making available a Draft
Environmental Assessment (EA) for review during the 30 day public
comment period for this general permit. The Draft EA addresses
potential impacts from proposed changes to the general permit, and it
considers recent technical studies.
DATES: Comments must be received by September 17, 2016.
ADDRESSES: The Draft NPDES general permit, permit fact sheet, Draft EA
and other relevant documents are on file and may be inspected any time
between 8:15 a.m. and 4:30 p.m., Monday through Friday at the address
shown below. Copies of the Draft NPDES general permit, permit fact
sheet, Draft EA and other relevant documents may be obtained by writing
the U.S. EPA-Region 4, Water Protection Division (WPD), NPDES Section,
Sam Nunn Atlanta Federal Center, 61 Forsyth Street SW., Atlanta,
Georgia 30303-8960, Attention: Ms. Bridget Staples, or by calling (404)
562-9783. Alternatively, copies of the Draft NPDES general permit,
permit fact sheet, Draft EA, Essential Fish Habitat Determination and
preliminary Ocean Discharge Criteria Evaluation may be downloaded at:
https://www.epa.gov/aboutepa/about-epa-region-4-southeast. Submit
comments to the WPD, U.S. EPA-Region 4, NPDES Permitting Section, Sam
Nunn Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, GA 30303-
8960, Attention: Ms. Bridget Staples.
FOR FURTHER INFORMATION CONTACT: Ms. Bridget Staples, EPA Region 4,
WPD, NPDES Section, by mail at the Atlanta address given above, by
telephone at (404) 562-9783 or by email at Staples.Bridget@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Procedures for Reaching a Final Permit Decision
Pursuant to 40 CFR 124.13, any person who believes any condition of
the permit is inappropriate must raise all reasonably ascertainable
issues and submit all reasonably available arguments in full,
supporting their position, by the close of the comment period. All
comments on the Draft NPDES general permit and the Draft EA received
within the 30-day comment period will be considered in the formulation
of final determination regarding the National Environmental Policy Act
(NEPA) review and the permit reissuance. After consideration of all
written comments and the requirements and policies in the CWA and
appropriate regulations, the EPA Regional Administrator will make a
determination regarding the Final EA, Finding of No Significant Impact,
and permit reissuance. If the determination results in a permit that is
substantially unchanged from the draft permit announced by this notice,
the Regional Administrator will so notify all persons submitting
written comments. If the determination results in a permit that is
substantially changed, the Regional Administrator will issue a public
notice indicating the revised determination.
A formal hearing is available to challenge any NPDES permit issued
according to the regulations at 40 CFR 124.15 and 124.19, except for a
general permit, as provided at 40 CFR 124.19(o). Persons affected by a
general permit may not challenge the conditions of a general permit as
a right in further Agency proceedings. They may instead either
challenge the general permit in court, or apply for an individual
permit as authorized at 40 CFR 122.28, in accordance with the
application requirements set forth at 40 CFR 122.21, and then request a
formal hearing on the issuance or denial of an individual permit.
Additional information regarding these procedures is available by
contacting Mr. Paul Schwartz, Associate Regional Counsel, Office of
Regional Counsel, at (404) 562-9576.
II. Procedures for Obtaining General Permit Coverage
Notice of Intent requirements for obtaining coverage for operating
facilities are stated in Part I Section A.4 of the general permit.
Coverage under the reissued general permit is effective upon receipt of
notification of coverage with an assignment of an NPDES general permit
number from the EPA-Region 4, Director of the Water Protection
Division. EPA will act on the Notice of Intent (NOI) within a
reasonable period of time.
III. Exclusion of Non-Operational Leases
This permit does not apply to non-operational leases, i.e., those
on which no discharge has taken place in the two (2) years prior to the
effective date of the reissued general permit. EPA will not initially
accept NOIs for such leases, and the general permit will not cover such
leases, except as set forth below. Non-operational leases will lose
coverage under the previous general permit on the effective date of the
reissued general permit. No subsequent exploration, development or
production activities may take place on these leases until and unless
the lessee has obtained coverage under the new general permit or an
individual permit. EPA will not accept an NOI or individual permit
application for non-operational or new acquired leases until such time
as an Exploration Plan Document or the Development Operations
Coordination Document has been prepared and submitted to Bureau of
Energy Management.
IV. State Water Quality Certification
Because state waters are not included in the area covered by the
OCS general permit, its effluent limitations and monitoring
requirements are not subject to state water quality certification under
CWA Section 401. However, the states of Alabama, Florida and
Mississippi have been provided a copy of this draft
[[Page 55198]]
general permit, Draft EA to review and submit comments. Copies of these
documents have also been provided to EPA Headquarters for their review.
V. State Consistency Determination
This Notice will also serve as Region 4's requirement under the
Coastal Zone Management Act (CZMA) to provide all necessary information
for the States of Mississippi, Alabama and Florida to review this
action for consistency with their approved Coastal Zone Management
Programs. A copy of the consistency determination on the proposed
activities is being sent to each affected State, along with a letter
including this FR notice, which provides the EPA Web site where
electronic copies can be obtained of the Draft NPDES general permit,
permit fact sheet, preliminary Ocean Discharge Criteria Evaluation, and
Draft EA. Other relevant information for their review is available upon
request from each State. Comments regarding State Consistency are
invited in writing within 30 days of this notice to the WPD, U.S. EPA-
Region 4, NPDES Section, Sam Nunn Atlanta Federal Center, 61 Forsyth
Street SW., Atlanta, GA 30303-8960, Attention: Ms. Bridget Staples.
VI. Public Comment Period and Public Hearings
The public comment period for the Draft NPDES permit, Draft EA will
begin on the date of publication of this notice in the Federal Register
and end 30 calendar days later.
VII. Administrative Record
The Draft NPDES general permit, permit fact sheet, Draft EA and
other relevant documents are on file and may be inspected any time
between 8:15 a.m. and 4:30 p.m., Monday through Friday at the address
shown below. Copies of the Draft NPDES general permit, permit fact
sheet, Draft EA and other relevant documents may be obtained by writing
the U.S. EPA-Region 4, WPD, NPDES Permitting Section, Sam Nunn Atlanta
Federal Center, 61 Forsyth Street SW., Atlanta, GA 30303-8960,
Attention: Ms. Bridget Staples, or by calling (404) 562-9783.
Alternatively, copies of the Draft NPDES general permit, permit fact
sheet, Draft EA, Essential Fish Habitat Determination and preliminary
Ocean Discharge Criteria Evaluation may be downloaded at: https://www.epa.gov/aboutepa/about-epa-region-4-southeast.
VIII. Executive Order 12866
Under Executive Order 12866 (58 FR 51735 (October 4, 1993)) the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to Office of Management and Budget (OMB) review
and the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may: (1) Have an annual effect on the economy of $100 million
or more or adversely affect in a material way the economy, a sector of
the economy, productivity, competition, jobs, the environment, public
health, or safety, or State, local, or Tribal governments or
communities; (2) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or (4)
raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order. OMB has exempted review of NPDES general permits under the terms
of Executive Order 12866.
IX. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rule making requirements under the Administrative
Procedures Act (APA) or any other statute, unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
Issuance of an NPDES general permit is not subject to rule making
requirements, including the requirement for a general notice of
proposed rule making, under APA Section 533 or any other law, and is
thus not subject to the RFA requirements.
The APA defines two broad, mutually exclusive categories of agency
action--``rules'' and ``orders.'' APA Section 551(4) defines rule as
``an agency statement of general or particular applicability and future
effect designed to implement, interpret or prescribe law or policy or
describing the organization, procedure, or practice or requirements of
an agency . . . '' APA Section 551(6) defines orders as ``a final
disposition . . . of an agency in a matter other than rule making but
including licensing.'' APA Section 551(8) defines ``license'' to
``include . . . an agency permit . . . '' The APA thus categorizes a
permit as an order, which by the APA's definition is not a rule.
Section 553 of the APA establishes ``rule making'' requirements. APA
Section 551(5) defines ``rule making'' as ``the agency process for
formulating, amending, or repealing a rule.'' By its terms, Section 553
applies only to rules and not to orders, exempting by definition
permits.
X. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their ``regulatory actions'' to refer to regulations. (See,
e.g., UMRA Section 401, ``Each agency shall . . . assess the effects of
Federal regulatory actions . . . (other than to the extent that such
regulations incorporate requirements specifically set forth in law).'')
UMRA Section 102 defines ``regulation'' by reference to 2 U.S.C. 658
which in turn defines ``regulation'' and ``rule'' by reference to
Section 601(2) of the RFA. That section of the RFA defines ``rule'' as
``any rule for which the agency publishes a notice of proposed rule
making pursuant to Section 553(b) of the APA, or any other law.''
As discussed in the RFA section of this notice, NPDES general
permits are not ``rules'' by definition under the APA and thus not
subject to the APA requirement to publish a notice of proposed rule
making. NPDES general permits are also not subject to such a
requirement under the CWA. While EPA publishes a notice to solicit
public comment on draft general permits, it does so pursuant to the CWA
Section 402(a) requirement to provide an opportunity for a hearing.
Therefore, NPDES general permits are not ``rules'' for RFA or UMRA
purposes.
XI. Paperwork Reduction Act
The information collection required by this permit has been
approved by OMB under the provisions of the Paperwork Reduction Act, 44
U.S.C. 3501 et seq., in submission made for the NPDES permit program
and assigned OMB control numbers 2040-0086 (NPDES permit application)
and 2040-0004 [(NPDES Discharge Monitoring Reports (DMRs)].
Because this permit is very similar in reporting and application
requirements and in discharges which are required to be monitored as
the previous Eastern Gulf of Mexico OCS general permit (GEG460000), the
paperwork burdens are expected to be nearly identical. When it issued
the previous OCS general permit, EPA estimated it would take an
affected facility three hours to prepare the request for coverage and
38 hours per year to prepare DMRs. It is estimated that the time
required to prepare the request for coverage and DMRs for the reissued
permit will be approximately the same.
[[Page 55199]]
Dated: July 27, 2016.
James D. Giattina,
Director, Water Protection Division.
[FR Doc. 2016-19099 Filed 8-17-16; 8:45 am]
BILLING CODE 6560-50-P
