[Federal Register Volume 76, Number 21 (Tuesday, February 1, 2011)]
[Notices]
[Page 5571]
[FR Doc No: 2011-2095]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

January 20, 2011.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP11-1710-000.
    Applicants: Arkansas Oklahoma Gas Corporation.
    Description: Request of Arkansas Oklahoma Gas Corporation for
Waiver of Regulation.
    Filed Date: 01/14/2011.
    Accession Number: 20110114-5251.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 26, 2011.

    Docket Numbers: RP11-1711-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Texas Gas Transmission, LLC submits tariff filing per
154.501: 2010 Cashout Filing to be effective N/A.
    Filed Date: 01/18/2011.
    Accession Number: 20110118-5193.
    Comment Date: 5 p.m. Eastern Time on Monday, January 31, 2011.

    Docket Numbers: RP11-1712-000.
    Applicants: Midcontinent Express Pipeline LLC.
    Description: Midcontinent Express Pipeline LLC submits tariff
filing per 154.204: Backhaul Tariff Filing to be effective 2/17/2011.
    Filed Date: 01/18/2011.
    Accession Number: 20110118-5202.
    Comment Date: 5 p.m. Eastern Time on Monday, January 31, 2011.

    Docket Numbers: RP11-1713-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Transcontinental Gas Pipe Line Company, LLC submits
tariff filing per 154.204: FT, ESS FOS--Credit Provisions from PA to be
effective 2/18/2011.
    Filed Date: 01/18/2011.
    Accession Number: 20110118-5256.
    Comment Date: 5 p.m. Eastern Time on Monday, January 31, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR Sec.  385.211 and
Sec.  385.214) on or before 5 p.m. Eastern time on the specified
comment date. It is not necessary to separately intervene again in a
subdocket related to a compliance filing if you have previously
intervened in the same docket. Protests will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Anyone filing
a motion to intervene or protest must serve a copy of that document on
the Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-2095 Filed 1-31-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Rules and Regulations]
[Pages 73219-73221]
[FR Doc No: 2023-23519]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2022-1740; Special Conditions No. 25-841-SC]

Special Conditions: The Boeing Company Model 777 Series
Airplanes; Passenger Seats With Pretensioner Restraint Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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SUMMARY: These special conditions are issued for The Boeing Company
(Boeing) Model 777 series airplanes. These airplanes have a novel or
unusual design feature when compared to the state of technology
envisioned in the airworthiness standards for transport category
airplanes. This design feature is pretensioner restraint systems
installed on passenger seats. The applicable airworthiness regulations
do not contain adequate or appropriate safety standards for this design
feature. These special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.

DATES: Effective November 24, 2023.

FOR FURTHER INFORMATION CONTACT: Shannon Lennon, Cabin Safety, AIR-624,
Technical Policy Branch, Policy and Standards Division, Aircraft
Certification Service, Federal Aviation Administration, 2200 South
216th Street, Des Moines, Washington 98198; telephone and fax 206-231-
3209; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On September 30, 2021, Boeing applied for an amendment to Type
Certificate No. T00001SE for Boeing Model 777 series airplanes. These
airplanes, currently approved under Type Certificate No. T00001SE, are
twin-engine, transport-category airplanes with maximum seating for 495
passengers and a maximum takeoff weight of 775,000 pounds.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, Boeing must show that Model
777 series airplanes meet the applicable provisions of the regulations
listed in Type Certificate No. T00001SE, or the applicable regulations
in effect on the date of application for the change, except for earlier
amendments as agreed upon by the FAA.
    If the Administrator finds that the applicable airworthiness
regulations (e.g., 14 CFR part 25) do not contain adequate or
appropriate safety standards for Boeing Model 777 series airplanes
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same type certificate be modified to incorporate the same novel or
unusual design feature, these special conditions would also apply to
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, Boeing Model 777 series airplanes must comply with the
fuel-vent and exhaust-emission requirements of 14 CFR part 34, and the
noise-certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    Boeing Model 777 series airplanes will incorporate the following
novel or unusual design feature:
    Forward-facing seats incorporating a shoulder harness with
pretensioner

device, otherwise known as a pretensioner restraint system, which is
intended to protect the occupants from head injuries.

Discussion

    Boeing will install, in Model 777 series airplanes, forward-facing
seats that incorporate a shoulder harness with a pretensioner system,
for head-injury protection, at each seat place.
    Shoulder harnesses have been widely used on flight-attendant seats,
flight-deck seats, in business jets, and in general-aviation airplanes
to reduce occupant head injury in the event of an emergency landing.
Special conditions, pertinent regulations, and published guidance
relate to other restraint systems. However, the use of pretensioners in
the restraint system on transport-airplane seats is a novel design.
    The pretensioner restraint system utilizes a retractor that
eliminates slack in the shoulder harness and pulls the occupant back
into the seat prior to impact. This has the effect of reducing forward
translation of the occupant, reducing head arc, and reducing loads in
the shoulder harness.
    Pretensioner technology involves a step-change in loading
experienced by the occupant for impacts below and above that at which
the device deploys, because activation of the shoulder harness, at the
point at which the pretensioner engages, interrupts upper-torso
excursion. Such excursion could result in the head-injury criteria
(HIC) being higher at an intermediate impact condition than that
resulting from the maximum impact condition corresponding to the test
conditions specified in Sec.  25.562. See condition 1 in these special
conditions.
    The ideal triangular maximum-severity pulse is defined in Advisory
Circular (AC) 25.562-1B, ``Dynamic Evaluation of Seat Restraint Systems
and Occupant Protection on Transport Airplanes.'' For the evaluation
and testing of less-severe pulses for purposes of assessing the
effectiveness of the pretensioner setting, a similar triangular pulse
should be used with acceleration, rise time, and velocity change scaled
accordingly. The magnitude of the required pulse should not deviate
below the ideal pulse by more than 0.5g until 1.33 t1 is reached, where
t1 represents the time interval between 0 and t1 on the referenced
pulse shape, as shown in AC 25.562-1B. This is an acceptable method of
compliance to the test requirements of the special conditions.
    Additionally, the pretensioner might not provide protection, after
actuation, during secondary impacts. Therefore, the case where a small
impact is followed by a large impact should be addressed. If the
minimum deceleration severity at which the pretensioner is set to
deploy is unnecessarily low, the protection offered by the pretensioner
may be lost by the time a second, larger impact occurs.
    Conditions 1 through 4 ensure that the pretensioner system
activates when intended, to provide the necessary protection of
occupants. This includes protection of a range of occupants under
various accident conditions. Conditions 5 through 10 address
maintenance and reliability of the pretensioner system, including any
outside influences on the mechanism, to ensure it functions as
intended.
    The special conditions contain the additional safety standards that
the Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

Discussion of Comments

    The FAA issued Notice of Proposed Special Conditions No. 25-23-01-
SC for Boeing Model 777 airplanes, which was published in the Federal
Register on May 11, 2023 (88 FR 30262).
    The FAA received one response, from the Air Line Pilots
Association, International, in support of the special conditions. The
special conditions are adopted as proposed.

Applicability

    As discussed above, these special conditions are applicable to
Boeing Model 777 series airplanes. Should Boeing apply at a later date
for a change to the type certificate to include another model
incorporating the same novel or unusual design feature, these special
conditions would apply to that model as well.

Conclusion

    This action affects only a certain novel or unusual design feature
on one model series of airplanes. It is not a rule of general
applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Boeing Model 777 series airplanes.
    In addition to the requirements of Sec.  25.562, forward-facing
passenger seats with pretensioner restraint systems must meet the
following:

(1) Head Injury Criteria (HIC)

    The HIC value must not exceed 1000 at any condition at which the
pretensioner does or does not deploy, up to the maximum severity pulse
that corresponds to the test conditions specified in Sec.  25.562.
Tests must be performed to demonstrate this, taking into account any
necessary tolerances for deployment.
    When an airbag device is present in addition to the pretensioner
restraint system, and the anthropomorphic test device (ATD) has no
apparent contact with the seat/structure but has contact with an
airbag, a HIC unlimited score in excess of 1000 is acceptable, provided
the HIC15 score (calculated in accordance with 49 CFR 571.208) for that
contact is less than 700.
    ATD head contact with the seat or other structure, through the
airbag, or contact subsequent to contact with the airbag, requires a
HIC value that does not exceed 1000.

(2) Protection During Secondary Impacts

    The pretensioner activation setting must be demonstrated to
maximize the probability of the protection being available when needed,
considering secondary impacts.

(3) Protection of Occupants Other Than 50th Percentile

    Protection of occupants for a range of stature from a 2-year-old
child to a 95th percentile male must be shown. For shoulder harnesses
that include pretensioners, protection of occupants other than a 50th
percentile male may be shown by test or analysis. In addition, the
pretensioner must not introduce a hazard to passengers due to the
following seating configurations:
    (a) The seat occupant is holding an infant.
    (b) The seat occupant is a child in a child-restraint device.
    (c) The seat occupant is a pregnant woman.

(4) Occupants Adopting the Brace Position

    Occupants in the traditional brace position when the pretensioner
activates must not experience adverse effects from the pretensioner
activation.

(5) Inadvertent Pretensioner Actuation

    (a) The probability of inadvertent pretensioner actuation must be
shown to be extremely remote (i.e., average probability per flight hour
of less than 10-7.
    (b) The system must be shown not to be susceptible to inadvertent
pretensioner actuation as a result of wear and tear, nor inertia loads
resulting from in-flight or ground maneuvers likely to be experienced
in service.
    (c) The seated occupant must not be seriously injured as a result
of inadvertent pretensioner actuation.
    (d) Inadvertent pretensioner actuation must not cause a hazard to
the airplane, nor cause serious injury to anyone who may be positioned
close to the retractor or belt (e.g., seated in an adjacent seat or
standing adjacent to the seat).

(6) Availability of the Pretensioner Function Prior to Flight

    The design must provide means for a crewmember to verify the
availability of the pretensioner function prior to each flight, or the
probability of failure of the pretensioner function must be
demonstrated to be extremely remote (i.e., average probability per
flight hour of less than 10-7) between inspection intervals.

(7) Incorrect Seat Belt Orientation

    The system design must ensure that any incorrect orientation
(twisting) of the seat belt does not compromise the pretensioner
protection function.

(8) Contamination Protection

    The pretensioner mechanisms and controls must be protected from
external contamination associated with that which could occur on or
around passenger seating.

(9) Prevention of Hazards

    The pretensioner system must not induce a hazard to passengers in
case of fire, nor create a fire hazard, if activated.

(10) Functionality After Loss of Power

    The system must function properly after loss of normal airplane
electrical power and after a transverse separation in the fuselage at
the most critical location. A separation at the location of the system
does not have to be considered.

    Issued in Kansas City, Missouri, on October 19, 2023.
Patrick R. Mullen,
Manager, Technical Policy Branch, Policy and Standards Division,
Aircraft Certification Service.
[FR Doc. 2023-23519 Filed 10-24-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Proposed Rules]
[Pages 25996-25999]
[FR Doc No: 2017-11681]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0259; FRL-9963-32-Region 9]

Approval of California Air Plan Revisions, South Coast Air
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the South Coast Air Quality Management District
(SCAQMD) portion of the California State Implementation Plan (SIP).
These revisions concern emissions of oxides of nitrogen
(NOX) from facilities that emit four or more tons per year
of NOX or oxides of sulfur (SOX). We are
proposing to approve local rules to regulate these emission

sources under the Clean Air Act (CAA or the Act). We are taking
comments on this proposal and plan to follow with a final action.

DATES: Any comments must arrive by July 6, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0259 at https://www.regulations.gov, or via email to Andrew
Steckel, Rulemaking Office Chief at<EMAIL_ADDRESS>For
comments submitted at Regulations.gov, follow the online instructions
for submitting comments. Once submitted, comments cannot be removed or
edited from Regulations.gov. For either manner of submission, the EPA
may publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the Web,
cloud, or other file sharing system). For additional submission
methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947-
4126<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
II. The EPA's Evaluation and Proposed Action
    A. How is the EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this proposal with the dates
that they were adopted by the local air agency and submitted by the
California Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
      Local agency                    Rule No.                   Rule title           Amended        Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD..................  2001............................  Applicability.......        12/04/15        03/17/17
SCAQMD..................  2002............................  Allocations for NOX         10/07/16        03/17/17
                                                             and SOX.
SCAQMD..................  2005............................  New Source Review           12/04/15        03/17/17
                                                             for Regional Clean
                                                             Air Incentives
                                                             Market.
SCAQMD..................  2011: Attachment C..............  Requirements for            12/04/15        03/17/17
                                                             Monitoring,
                                                             Reporting, and
                                                             Recordkeeping for
                                                             SOX Emissions:
                                                             Quality Assurance
                                                             and Quality Control
                                                             Procedures.
SCAQMD..................  2011: Chapter 3.................  Requirements for            12/04/15        03/17/17
                                                             Monitoring,
                                                             Reporting, and
                                                             Recordkeeping for
                                                             SOX Emissions:
                                                             Process Units--
                                                             Periodic Reporting
                                                             and Rule 219
                                                             Equipment.
SCAQMD..................  2012: Attachment C..............  Requirements for            12/04/15        03/17/17
                                                             Monitoring,
                                                             Reporting, and
                                                             Recordkeeping for
                                                             NOX Emissions:
                                                             Quality Assurance
                                                             and Quality Control
                                                             Procedures.
SCAQMD..................  2012: Chapter 4.................  Requirements for            12/04/15        03/17/17
                                                             Monitoring,
                                                             Reporting, and
                                                             Recordkeeping for
                                                             NOX Emissions:
                                                             Process Units--
                                                             Periodic Reporting
                                                             and Rule 219
                                                             Equipment.
SCAQMD..................  2011: Attachment E..............  Requirements for            02/05/16        03/17/17
                                                             Monitoring,
                                                             Reporting, and
                                                             Recordkeeping for
                                                             SOX Emissions:
                                                             Definitions.
SCAQMD..................  2012: Attachment F..............  Requirements for            02/05/16        03/17/17
                                                             Monitoring,
                                                             Reporting, and
                                                             Recordkeeping for
                                                             NOX Emissions:
                                                             Definitions.
----------------------------------------------------------------------------------------------------------------

    On April 17, 2017, the EPA determined that the submittal for SCAQMD
Rule 2001; SCAQMD Rule 2002; SCAQMD Rule 2005; SCAQMD Rule 2011,
Attachment C; SCAQMD Rule 2011, Chapter 3; SCAQMD Rule 2012, Attachment
C; SCAQMD Rule 2012, Chapter 4; SCAQMD Rule 2011, Attachment E; and
SCAQMD Rule 2012, Attachment F met the completeness criteria in 40 CFR
part 51 Appendix V, which must be met before formal EPA review.

B. Are there other versions of these rules?

    We approved earlier versions of Rule 2001; Rule 2011, Attachment C;
Rule 2011, Chapter 3; Rule 2012, Attachment C; Rule 2012, Chapter 4;
Rule 2011, Attachment E; and Rule 2012, Attachment F into the SIP on
August 29, 2006 (71 FR 51120). The SCAQMD adopted revisions to the SIP-
approved versions of these rules on May 6, 2005 and CARB submitted them
to us on October 20, 2005. We approved earlier versions of Rule 2002
and Rule 2005 into the SIP on August 12, 2011 (76 FR 50128) and on
December 20, 2011 (76 FR 78829). The SCAQMD adopted revisions to the
SIP-approved versions of these rules on November 5, 2010 and June 3,
2011 and CARB submitted them to us on April 5, 2011 and September 27,
2011. We are acting on only the most recently submitted versions of
these rules but have reviewed materials provided with previous
submittals.

C. What is the purpose of the submitted rule revisions?

    NOx contributes to the formation of ground-level ozone,
smog and particulate matter (PM), which harm human health and the
environment. PM, including PM equal to or less than 2.5 microns in
diameter (PM2.5) and PM equal to or less than 10 microns in
diameter (PM10), contributes to effects that are harmful to
human health and the environment, including premature mortality,
aggravation of respiratory and cardiovascular disease, decreased lung
function, visibility impairment, and damage to vegetation and
ecosystems.

Section 110(a) of the CAA requires states to submit regulations that
control NOx and PM emissions. SCAQMD's Regional Clean Air
Incentives Market (RECLAIM) program consists of SCAQMD Rules 2000
through 2020. The RECLAIM amendments adopted in 2015 and 2016 were
revisions to Rules 2001; 2002; 2005; 2011, Attachment C; 2011, Chapter
3; 2012, Attachment C; 2012, Chapter 4; 2011, Attachment E; and 2012,
Attachment F. The primary purposes of these amendments to RECLAIM were
to lower the NOx emission cap in the RECLAIM program to
achieve additional emission reductions, to allow electric generating
facilities (EGFs) to exit RECLAIM, to add provisions regarding facility
shutdowns, to create a Regional New Source Review (NSR) Holding Account
for existing electricity generating facilities constructed after 1993,
and to implement other administrative and clarifying changes. The EPA's
technical support document (TSD) has more information about these
rules.

II. The EPA's Evaluation and Proposed Action

A. How is the EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see CAA section
110(a)(2)), must not interfere with applicable requirements concerning
attainment and reasonable further progress or other CAA requirements
(see CAA section 110(l)), and must not modify certain SIP control
requirements in nonattainment areas without ensuring equivalent or
greater emissions reductions (see CAA section 193). Because the
submittal contains SIP rules that are part of an economic incentive
program (EIP) and that address certain requirements of the
nonattainment NSR program, we also evaluated the rule revisions in
accordance with the EPA's requirements and recommendations for EIPs and
NSR programs.
    Additionally, SIP rules must require Reasonably Available Control
Technology (RACT) for each major source of NOx in ozone
nonattainment areas classified as moderate or above (see CAA sections
182(b)(2) and 182(f)). The SCAQMD regulates an ozone nonattainment area
classified as extreme for the 1997 8-hour ozone and 2008 8-hour ozone
standards (40 CFR 81.305). Because the RECLAIM program applies to major
sources of NOx emissions, these rules must implement RACT.
SIP rules must also implement Reasonably Available Control Measures
(RACM), including RACT, in moderate and above PM2.5
nonattainment areas (see CAA sections 172(c)(1) and 189(a)(1)(C)) and
must implement Best Available Control Measures (BACM), including Best
Available Control Technology (BACT), in serious PM2.5
nonattainment areas (see CAA section 189(b)(1)(B)). The SCAQMD
regulates a PM2.5 nonattainment area classified as serious
for the 2006 24-hour PM2.5 NAAQS and as moderate for the
1997 and 2012 PM2.5 NAAQS (40 CFR 81.305). We generally
evaluate submitted SIPs for RACM and BACM purposes as part of our
action on an attainment plan as a whole.
    Guidance and policy documents that we use to evaluate
enforceability, SIP revisions, rule stringency requirements, and EIP
recommendations include the following:

    1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January
11, 1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``State Implementation Plans; Nitrogen Oxides Supplement to
the General Preamble; Clean Air Act Amendments of 1990
Implementation of Title I; Proposed Rule'' (the NOx
Supplement), 57 FR 55620, November 25, 1992.
    5. ``Improving Air Quality with Economic Incentive Programs,''
EPA-452/R-01-001, EPA OAR, January 2001.

B. Do the rules meet the evaluation criteria?

    We propose to find that the revised RECLAIM regulations satisfy the
applicable CAA requirements for enforceability, NSR, SIP revisions, and
economic incentive programs. In order to prevent NOx RECLAIM
trading credits (RTCs) associated with facilities that have shut down
from entering the RECLAIM market and potentially delaying the
installation of pollution controls at other RECLAIM facilities, the
revised regulations establish criteria for determining a facility
shutdown and the methodology for calculating the amount of
NOx RTCs by which that facility's future RTC holdings will
be reduced. These revisions are projected to reduce NOx
emissions from RECLAIM sources by 12 tons per day by 2023.
    In addition, the revised regulations allow certain electric
generating facilities to use RTCs held in a ``Regional NSR Holding
Account'' to satisfy the NSR offset requirements specified in Rule
2005(f) but do not alter the existing requirement for all sources to
hold RTCs in amounts equal to the amounts of required offsets.
    The revised rules are projected to achieve significant
environmental benefits and would not interfere with applicable
requirements concerning attainment and reasonable further progress or
other CAA requirements. The TSD has more information on our evaluation.
    We are not reviewing the submitted rule revisions with respect to
RACT requirements at this time because the District has not yet
submitted an evaluation of the revised program in accordance with RACT
requirements. Following the District's submission of a RACT evaluation
for the revised RECLAIM rules, we intend to publish a separate proposed
rule providing our evaluation of the program in accordance with RACT
requirements and seeking public comment on that evaluation.

C. Public Comment and Proposed Action

    The EPA is proposing to fully approve the submitted rules under
section 110(k)(3) of the Act based on our conclusion that they satisfy
the applicable CAA requirements for enforceability, NSR, SIP revisions,
and economic incentive programs. We will accept comments from the
public on this proposal until July 6, 2017. If we take final action to
approve the submitted rules, our final action will incorporate these
rules into the federally enforceable SIP.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the SCAQMD rules described in Table 1 of this preamble. The
EPA has made, and will continue to make, these materials available
through www.regulations.gov and at the EPA Region IX Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely proposes to approve state law
as meeting federal requirements and does

not impose additional requirements beyond those imposed by state law.
For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).

List of Subjects in 40 CFR Part 52

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

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

    Dated: May 17, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-11681 Filed 6-5-17; 8:45 am]
 BILLING CODE 6560-50-P


DuPont Chemical Solutions Enterprise

Chambers Works

Deepwater, NJ  08023

January 20, 2010

Document Control Office

US Environmental Protection Agency

Office of Pollution Prevention and Toxics

EPA East

Room 6428

1200 Pennsylvania Avenue, NW

Washington, DC 20460

Re: 	EPA – HQ – OPPT – 2003 - 0012

	DuPont Chambers Works NJPDES Permit No. NJ0005100

	PFOA Data Submittal – Outfall DSN662 Weekly Grab Samples

September and October 2009 Sample Data

Dear Document Control Office:

As per Part IV, Section G.5.a of the NJPDES permit, we are submitting a summary of PFOA analytical results for the weekly grab samples taken at internal outfall DSN662A to NJDEP on a monthly basis. Per your request, we are sending you a paper and electronic copy of the report for samples taken during September and October 2009. We will continue to send you the reports each month.

If you have any questions, please do not hesitate to call me at (856) 540-3015.

Sincerely,

Karen L. Pinder

SHE Consultant – Environmental

DuPont Chambers Works

Enclosures

Copies to:

Director, Chemical Control Division

US Environmental Protection Agency

Office of Pollution Prevention and Toxics

EPA East

Room 4146

1201 Constitution Avenue, NW

Washington, DC 20004

Ms. Susan Rosenwinkel (cover letter only)

Principal Environmental Engineer

NJDEP Division of Water Quality

Bureau of Point Source Permitting – Region 2

401 E. State Street

P.O. Box 029

Trenton, NJ 08625-0029


[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Rules and Regulations]
[Pages 30650-30652]
[FR Doc No: 2023-10138]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0050]
RIN 1625-AA00

Safety Zone; Gallants Channel, Beaufort, NC

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of Gallants Channel, near Beaufort, NC. The safety zone is
necessary to enhance the safety of mariners and participants during the
swim portion of a triathlon. Entry of vessels or persons into this
safety zone is prohibited unless specifically authorized by the Captain
of the Port (COTP), Sector North Carolina, or a designated
representative.

DATES: This rule is effective May 12, 2023. The Coast Guard will
enforce the safety zone in this rule on May 13, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0050 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Ken Farah, Waterways Management Division,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    On February 1, 2023, the FS Series organization notified the Coast
Guard that it will be hosting the Crystal Coast Triathlon in Beaufort,
NC. The swim portion of this event will take place from 8 a.m. to 10
a.m. on the waters of Gallants Channel each year, on the second
Saturday in May. The swim portion of the Crystal Coast Triathlon will
consist of approximately 400 participants. The racecourse will be on
the waters of Gallants Channel and will run from the Route 70 Bridge in
Beaufort, NC, then North-West to Russel Slough Channel Day-Beacon 10
(LLNR34860).
    In response, on March 30, 2023, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled ``Safety Zone; Gallants Channel,
Beaufort, NC'' (88 FR 19027). There we stated why we issued the NPRM
and invited comments on our proposed regulatory action related to this
swimming event. During the comment period that ended May 1, 2023, we
received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because immediate action
is needed to protect non-participating persons, vessels, and
participants against the hazards associated with restricted waterway
during the swim portion of this triathlon.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
70034. The Captain of the Port, Sector North Carolina (COTP) has
determined the presence of vessels, and anyone else in or transiting
the designated area of Gallants Channel in Beaufort, NC during the swim
portion of the triathlon would pose a safety concern to the swimmers,
and to the vessels and others within the designated area, due to the
large number of swimmers on the waterway during the swim portion of the
triathlon. This rule is necessary to protect non-participating persons,
vessels, and participants from the hazards associated with the event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published March
30, 2023. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM. The safety zone will be enforced from 8
a.m. through 10 a.m., every second Saturday in May, although the
enforcement period would be subject to change. The safety zone will
include all navigable waters of Gallants Channel from the Route 70
Bridge in Beaufort, NC, at N

34[deg]43'38'', W 076[deg]40'04'' then North-West to Russel Slough
Channel Day-Beacon 10 (LLNR34860) at N 34[deg]43'58'', W
076[deg]40'27.5''. This area is typically used by recreational boaters.
No vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative. To
request permission to transit the area, mariners can contact Coast
Guard Sector North Carolina Command Center at telephone number (910)
343-3882 or on-scene representatives on VHF-FM marine band radio
channel 16 (156.8 MHz).

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, and duration of the safety zone. Vessel traffic will not be
able to safely transit around this safety zone, which will impact a
designated area of Gallants Channel in Beaufort, NC. The two-hour
enforcement period should not be overly burdensome to any vessel or
entity because it is not an area normally used for commercial vessel
traffic. The Coast Guard will issue a Broadcast Notice to Mariners
about the safety zone and about this rule, to notify vessels in the
region of the establishment of this regulation. The rule will allow
vessels to request permission from the COTP or a designated
representative to enter the zone if necessary.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that does not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting two hours that prohibits entry into portions of
Gallants Channel in Beaufort, NC. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS.

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

    Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.529 to read as follows:

Sec.  165.529  Safety Zone; Gallants Channel, Beaufort, NC.

    (a) Definitions. For the purposes of this section--
    Captain of the Port means the Commander, Coast Guard Sector North
Carolina.
    Participant means an individual or vessel involved with the Crystal
Coast Triathlon.
    Representative means any Coast Guard commissioned, warrant or petty
officer who has been authorized to act on the behalf of the Captain of
the Port.
    (b) Location. The following area is a safety zone: all navigable
waters of Gallants Channel from the Route 70 Bridge in Beaufort, NC, at
N 34[deg]43'38'', W 076[deg]40'04'' then North-West to Russel Slough
Channel Day-Beacon 10 (LLNR34860) at N 34[deg]43'58'', W
076[deg]40'27.5''.
    (c) Regulations. (1) The general regulations governing safety zones
in Sec.  165.23 apply to the area described in paragraph (b) of this
section.
    (2) With the exception of the participants, entry into or remaining
in this safety zone is prohibited unless authorized by the COTP, Sector
North Carolina or a designated representative.
    (3) No vessel may be present in the safety zone when it is subject
to enforcement, and any vessel in violation of that prohibition must
depart the zone immediately.
    (4) The COTP North Carolina can be reached through the Coast Guard
Sector North Carolina Command Duty Officer, Wilmington, North Carolina,
at telephone number<PHONE_NUMBER>.
    (5) The Coast Guard can be contacted on VHF-FM marine band radio
channel 13 (165.65 MHz) and channel 16 (156.8 MHz).
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by Federal, State, and local
agencies.
    (e) Enforcement period. This section will be enforced the second
Saturday in May, from 8 a.m. through 10 a.m. The enforcement period may
change, but a notice will be provided if there is a change in the
enforcement period.

    Dated: May 5, 2023.
Matthew J. Baer,
Captain, U.S. Coast Guard, Captain of the Port, Sector North Carolina.
[FR Doc. 2023-10138 Filed 5-11-23; 8:45 am]
BILLING CODE 9110-04-P