[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Notices]
[Pages 67167-67168]
[FR Doc No: 2013-26778]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0764]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Draft Animal Feed
Regulatory Program Standards

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by
December 9, 2013.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-New and
title ``Draft Animal Feed Regulatory Program Standards.'' Also include
the FDA docket number found in brackets in the heading of this
document.

FOR FURTHER INFORMATION CONTACT: With regard to the information
collection: FDA PRA Staff, Office of Operations, Food and Drug
Administration, 1350 Piccard Dr., PI50-400B, Rockville, MD 20850,
<EMAIL_ADDRESS>    With regard to the draft feed program standards: Beverly Kent,
Office of Partnerships, Food and Drug Administration,<PHONE_NUMBER>,
<EMAIL_ADDRESS>or Jenny Murphy, Center for Veterinary
Medicine, Food and Drug Administration,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Draft Animal Feed Regulatory Program Standards--(OMB Control Number
0910--New)

I. Background

    In the United States, Federal and State government Agencies ensure
the safety of animal feed. FDA is responsible for ensuring that all
food and feed moving in interstate commerce, except those under the
U.S. Department of Agriculture jurisdiction, are safe, wholesome, and
labeled properly. States are responsible for conducting inspections and
regulatory activities that help ensure food and feed produced,
processed, and distributed within their jurisdictions are safe and in
compliance with State laws and regulations. States primarily perform
inspections under their own regulatory authority. Some States conduct
inspections of feed facilities under contract with the FDA. Because
jurisdictions may overlap, FDA and States collaborate and share
resources to protect animal feed.
    The FDA Food Safety Modernization Act passed on January 4, 2011,
calls for enhanced partnerships and provides a legal mandate for
developing an Integrated Food Safety System (IFSS). FDA is committed to
implementing an IFSS thereby optimizing coordination of food and feed
safety efforts with Federal, State, local, tribal, and territorial
regulatory and public health agencies. Model standards provide a
consistent, underlying foundation that is critical for uniformity
across State and Federal Agencies to ensure credibility of food and
feed programs within the IFSS.
    At this time, model regulatory program standards exist for human
food, but do not exist for animal feed. The draft Animal Feed
Regulatory Program Standards (AFRPS or draft feed standards) are a
major step in a long-term process of collaboration to achieve
uniformity and consistency in feed safety across the nation while
acknowledging State responsibilities and authorities.

II. Significance of Feed Program Standards

    The AFRPS provide a uniform and consistent approach to feed
regulation in the United States. Implementation of the draft feed
program standards would be voluntary. States implementing the standards
will identify and maintain program improvements that will strengthen
the safety and integrity of the U.S. animal feed supply.
    Description: These draft feed standards are the framework that each
State should use to design, manage, and improve its feed program.
Eleven standards describing regulatory foundation, training, inspection
program, auditing, feed-related illness or death and emergency
response, enforcement program, outreach activities, budget and
planning, laboratory services, sampling program, and assessment and
improvement of standard implementation are the basis for the draft feed
standards.
    Each standard has a purpose statement, requirement summary,
description of program elements, projected outcomes, and a list of
required documentation. When a State program voluntarily agrees to
implement the draft feed standards, it must fully implement and
maintain the individual program elements and documentation requirements
in each standard in order to fully implement the standard. The State
program must fully implement the 11 standards to achieve full
implementation of the AFRPS. The draft feed standards are not intended
to address the performance appraisal processes that a State agency may
use to evaluate individual employee performance.
    The draft feed standards have forms, worksheets, and templates to
help the State program assess and meet the program elements in the
standard. State programs are not obligated to use the forms,
worksheets, and templates provided with the draft feed standards. Other
manual or automated forms, worksheets, and templates may be used as
long as the pertinent data elements are present. Records and other
documents specified in the draft feed standards must be maintained in
good order by the State program and must be available to verify the
implementation of each standard.
    In the first year of implementation, the State program uses the
self-assessment worksheets to determine if the requirements for each
standard are fully met, partially met, or not met. The self-assessments
are used to develop an improvement plan for fully implementing the
requirements of the 11 standards.
    Although FDA plans to provide financial support to State programs
that implement the draft feed standards, funding opportunities are
contingent upon the availability of funds. Funding opportunities may be
only available to State feed regulatory programs that currently have an
FDA feed inspection contract. State programs receiving financial
support to implement the feed standards will be audited by FDA.

III. Electronic Access

    Persons with access to the Internet may submit email requests for a
single copy of the draft feed standards to<EMAIL_ADDRESS>    In the Federal Register of July 10, 2013 (78 FR 41401), FDA
published a 60-day notice requesting public comment on the proposed
collection of

information. Four comments were received. Three comments pertain to the
information collection. One comment addressed an issue unrelated to the
proposed collection of information, such as pet food safety; therefore,
we do not address this issue in this document.
    One comment expressed concern that the estimated hours to collect
the information required to implement and maintain the requirements in
the draft feed standards is low. Two comments expressed concern that
implementing and maintaining the draft feed standards would require
more State program employees and financial support from FDA.
    Regarding the comment asserting that the total estimated hours
reported in Table 1 is low; we recognize the number of hours needed to
implement and maintain the draft feed standards will vary among States
depending on the size of the State's feed program, the number of staff,
and the State's short and long term goals for implementing the draft
feed standards. The burden estimates are reasonable given the variation
among State programs and their current ability to implement the draft
feed standards.
    Regarding the comment expressing concern that the State feed
programs would need additional employees and funding from FDA to
implement and maintain the requirements in the draft feed standards;
FDA recognizes that State feed programs may need additional resources
to implement and maintain the draft feed standards. Therefore, FDA will
pursue funding for the draft feed standards; however, the level of
funding may vary each year and is contingent on budget approval.
    FDA estimates the burden of this collection of information as
follows:

                                                   Table 1--Estimated Annual Recordkeeping Burden \1\
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                                                               Number of      Number of records     Total annual      Average burden
                        Respondent                           recordkeepers     per recordkeeper       records       per recordkeeping     Total hours
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State Feed Regulatory Programs in the United States......                50                  1                 50              3,000            150,000
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    The burden has been calculated to 3,000 hours per respondent. The
estimate includes time for reviewing the draft feed standards,
gathering and maintaining the data and documents for each standard, and
completing and reviewing the data and documents that would be spent to
fully implement the 11 standards. FDA recognizes that full use and
implementation of the draft feed standards by State feed programs will
occur over many years and the number of years to fully implement the
draft feed standards will vary among States. This burden was determined
by averaging the burden estimates received from five respondents. The
five respondents are representative of the State feed programs in the
United States.

    Dated: November 4, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-26778 Filed 11-7-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Notices]
[Page 28500]
[FR Doc No: 2011-12014]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Agricultural
Aircraft Operator Certificate Application

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on March 10, 2011, vol. 76, no. 47, page 13265-13266.
Standards have been established for the certification of agricultural
aircraft. The information collected shows applicant compliance and
eligibility for certification by FAA.

DATES: Written comments should be submitted by June 16, 2011.

FOR FURTHER INFORMATION CONTACT: Carla Scott on<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: OMB Control Number: 2120-0049.
    Title: Agricultural Aircraft Operator Certificate Application.
    Form Numbers: FAA Form 8710-3.
    Type of Review: Renewal of an information collection.
    Background: The information on FAA Form 8710-3, Agricultural
Aircraft Operator Certificate Application, is required by FAR Part 137
from applicants who wish to be issued a commercial or private
agricultural aircraft operator certificate.
    Respondents: Approximately 2,950 applicants.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 1.3 hours.
    Estimated Total Annual Burden: 10,275 hours.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington,
DC 20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC, on May 10, 2011.
Carla Scott,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. 2011-12014 Filed 5-16-11; 8:45 am]
BILLING CODE 4910-13-P


Under FFDCA § 408(p), the Agency must screen all pesticide chemicals. Between October 2009 and February 2010, EPA issued test orders/data call-ins for the first group of 67 chemicals, which contains 58 pesticide active ingredients and 9 inert ingredients. The Agency has reviewed all of the assay data received for the List 1 chemicals and the conclusions of those reviews are available in the chemical-specific public dockets.  A second list of chemicals identified for EDSP screening was published on June 14, 2013, and includes some pesticides scheduled for Registration Review and chemicals found in water. Neither of these lists should be construed as a list of known or likely endocrine disruptors. Difenoconazole is not on either list. For further information on the status of the EDSP, the policies and procedures, the lists of chemicals, future lists, the test guidelines and the Tier 1 screening battery, visit EPA website.

EPA's EDSP is actively pursuing the application of new approach methods (NAMs) to create a more efficient and robust screening program. In October 2020, EPA underwent a reorganization and the EDSP was moved to the Office of Pesticide Programs. This reorganization provides better alignment of the EDSP with the procedures and methods used by the program offices. On July 28, 2021, the Office of Inspector General (OIG) released its new report on the EDSP and made ten recommendations. EPA is also developing a strategic planning document for EDSP which will be available for public comment in 2022. EPA expects additional documents for public release in 2021-2023 that address aspects of EDSP chemical determinations. EPA looks forward to working with stakeholders and the scientific community to accelerate the implementation of this important program into pesticide risk assessments and decision making.

In this ID, EPA is making no human health or environmental safety findings associated with the EDSP screening of difenoconazole. Before completing this registration review, the Agency will make an EDSP FFDCA § 408(p) determination."


OMB # 2060 0170 Expiration Date: 8/ 31/ 05 U. S. Environmental Protection Agency STRATOSPHERIC OZONE PROTECTION PROGRAM CLASS I CONTROLLED SUBSTANCE REPORT:

ESSENTIAL USE HOLDER AND LABORATORY SUPPLIER QUARTERLY REPORT ( Sec 82.13( s x))

SECTION 1 COMPANY IDENTIFICATION 1.1 Date of Submission 1.2 Number of Transactions Reported 1.3 Number of Pages Submitted 1.4 Quarter and Year to Which This Report Applies ( If 4th quarter is selected, Section 5 of this form should also be submitted.) 1 st 2 nd 3 rd 4 th Year 1.5 Company Information Company Name Street Address City State Zip Code 1.6 Company Contact Identification Reporting Company Contact Person Phone Number Fax Number 1.7 Signature of Reporting Company Representative I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.

Name Title Signature Date SEND COMPLETED FORMS TO: Tracking System Program Manager Global Programs Division U. S. EPA ( 6205J) 1200 Pennsylvania Avenue, NW Washington, DC 20460 Information in reports submitted in compliance with the final rule may be claimed as confidential. A company may assert a claim of confidentiality for information submitted by clearly marking that information as confidential. Such information shall be treated in accordance with EPA's procedures for information claimed as confidential at 40 CFR Part 2, Subpart B, and will only be disclosed by the means set forth in the subpart. If no claim of confidentiality accompanies the report when it is received by EPA, it may be made public without further notice to the company ( 40 CFR 2.203)

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Public reporting burden for this collection of information is estimated to average 16 hours per response. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, OPPE Regulatory Information Division, U. S. Environmental Protection Agency ( 2137), 1200 Pennsylvania Avenue, NW, Washington, D. C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Include the EPA ICR number and OMB control number in any correspondence. DO NOT SEND THIS FORM TO THE ABOVE ADDRESS. ONLY SEND COMMENTS TO THESE ADDRESSES.

ICR NUMBER 1432.22 EU 1, Revised 5/ 05 OMB # 2060 0170 Expiration Date: 8/ 31/ 05 U. S. Environmental Protection Agency STRATOSPHERIC OZONE PROTECTION PROGRAM CLASS I CONTROLLED SUBSTANCE REPORT:

ESSENTIAL USE HOLDER AND LABORATORY SUPPLIER QUARTERLY REPORT ( Sec 82.13( s x))

SECTION 2 AMOUNTS RECEIVED FROM PRODUCERS / IMPORTERS ( Reproduce additional sheets as needed)

2.1 Company Name 2.2 Transaction Summaries TRANSACTION #

Source Company Street Address City State ( U. S.) or Country Zip Code ( U. S.)

Chemical Name of Class I Substance Received Quantity of Class I Substance Received ( kg)

TRANSACTION #

Source Company Street Address City State ( U. S.) or Country Zip Code ( U. S.)

Chemical Name of Class I Substance Received Quantity of Class I Substance Received ( kg)

TRANSACTION #

Source Company Street Address City State ( U. S.) or Country Zip Code ( U. S.)

Chemical Name of Class I Substance Received Quantity of Class I Substance Received ( kg)

ICR NUMBER 1432.22 EU 2, Revised 5/ 05 OMB # 2060 0170 Expiration Date: 8/ 31/ 05 U. S. Environmental Protection Agency STRATOSPHERIC OZONE PROTECTION PROGRAM CLASS I CONTROLLED SUBSTANCE REPORT:

ESSENTIAL USE HOLDER AND LABORATORY SUPPLIER QUARTERLY REPORT ( Sec 82.13( s x))

SECTION 3 AMOUNTS SUPPLIED TO LABS ( Reproduce additional sheets as needed)

3.1 Company Name 3.2 Transaction Summaries TRANSACTION #

Lab Company Street Address City State Zip Code Chemical Name of Class I Substance Supplied to Lab Quantity of Class I Substance Supplied to Lab ( kg)

TRANSACTION #

Lab Company Street Address City State Zip Code Chemical Name of Class I Substance Supplied to Lab Quantity of Class I Substance Supplied to Lab ( kg)

TRANSACTION #

Lab Company Street Address City State Zip Code Chemical Name of Class I Substance Supplied to Lab Quantity of Class I Substance Supplied to Lab ( kg)

ICR NUMBER 1432.22 EU 3, Revised 5/ 05 OMB # 2060 0170 Expiration Date: 8/ 31/ 05 U. S. Environmental Protection Agency STRATOSPHERIC OZONE PROTECTION PROGRAM CLASS I CONTROLLED SUBSTANCE REPORT:

ESSENTIAL USE HOLDER AND LABORATORY SUPPLIER QUARTERLY REPORT ( Sec 82.13( s x))

SECTION 4 DISTRIBUTOR TOTALS 4.1 Company Name 4.2 Company Totals A B C Chemical Name Total Quantity of Class I Substance Received ( kg) Total Quantity of Class I Substance Supplied to Labs ( kg)

CFC 11 CFC 12 CFC 13 CFC 111 CFC 112 CFC 113 CFC 114 CFC 115 Other CFCs ( please specify)

HBFCs ( please specify)

Halons ( please specify)

Carbon Tetrachloride Methyl Chloroform CBM ICR NUMBER 1432.22 EU 4, Revised 5/ 05 OMB # 2060 0170 Expiration Date: 8/ 31/ 05 U. S. Environmental Protection Agency STRATOSPHERIC OZONE PROTECTION PROGRAM CLASS I CONTROLLED SUBSTANCE REPORT:

ESSENTIAL USE HOLDER AND LABORATORY SUPPLIER ANNUAL REPORT ( Sec 82.13( s x))

SECTION 5 DISTRIBUTOR ANNUAL REPORT 5.1 Distributor Name 5.2 Company Totals A B C D E F G H Chemical Name Purchased by Laboratory Customers ( kg) Essential Uses ( kg) In Exported Products ( kg) Destroyed or Recycled ( kg) In Inventory ( kg) Stockpiled ( kg) Marketable Units ( MDIs only)

CFC 11 CFC 12 CFC 13 CFC 111 CFC 112 CFC 113 CFC 114 CFC 115 Other CFCs ( please specify)

HBFCs ( please specify)

Halons ( please specify)

Carbon Tetrachloride Methyl Chloroform CBM ICR NUMBER 1432.22 EU 5, Revised 5/ 05


[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Rules and Regulations]
[Pages 9655-9656]
[FR Doc No: 2011-3612]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-0671; FRL-9267-8]

Approval and Promulgation of Air Quality Implementation Plans;
Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a July 29, 2010, request from the State of
Illinois to exempt sources of Oxides of Nitrogen (NOX) in
the Illinois portions of the Chicago-Gary-Lake County, Illinois-Indiana
and St. Louis, Missouri-Illinois 8-hour ozone nonattainment areas from
Clean Air Act (CAA) requirements for NOX Reasonably
Available Control Technology (RACT) for purposes of attaining the 1997
8-hour ozone National Ambient Air Quality Standard (NAAQS or standard).
This NOX RACT waiver is based on the most recent three years
of complete, quality assured ozone monitoring data, which show
attainment of the 1997 8-hour ozone standard in the subject
nonattainment areas and demonstrate that additional reduction of
NOX emissions in these areas would not contribute to
attainment of the 1997 8-hour ozone NAAQS.

DATES: This final rule is effective March 24, 2011.

ADDRESSES: EPA has established a docket for this action: Docket ID No.
EPA-R05-OAR-2010-0671. All documents in the docket are listed on the
http://www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. We recommend that you telephone Edward Doty,
Environmental Scientist, at<PHONE_NUMBER> before visiting the Region 5
office.

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

I. What is the background for this rule?
II. What comments did we receive on the proposed rule?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this rule?

    On July 18, 1997 (62 FR 38856), EPA promulgated an 8-hour ozone
standard of 0.08 parts per million parts of air (ppm). EPA published a
final rule designating and classifying areas under the 1997 8-hour
ozone standard on April 30, 2004 (69 FR 23857). In that rulemaking, the
Chicago-Gary-Lake County, Illinois-Indiana (IL-IN) and St. Louis,
Missouri-Illinois (MO-IL) areas were designated as nonattainment for
the 1997 8-hour ozone standard. The designations became effective on
June 15, 2004.
    Since the Illinois ozone nonattainment areas were classified as
moderate nonattainment for ozone under subpart 2 of the CAA in the
April 30, 2004, designation rulemaking, they became subject to the
Oxides of Nitrogen (NOX) emission control requirements of
section 182(f) of the CAA. Section 182(f) requires States with areas
classified as moderate nonattainment and above to adopt and implement
the same level of NOX emission controls for major stationary
sources as are required for major stationary sources of Volatile
Organic Compounds (VOC). Major stationary VOC sources are subject to
RACT requirements. Therefore, major NOX sources are also
subject to RACT requirements. Section 182(f) also provides that these
NOX emission control requirements do not apply to an area
(outside of a designated ozone transport region) if EPA determines that
additional reductions of NOX emissions would not contribute
to attainment of the ozone standard. In areas where the ozone standard
is attained, as demonstrated by complete, quality-assured air quality
data, without the implementation of the additional section 182(f)
NOX emission controls, it is clear that additional
NOX emission controls required by section 182(f) would not
contribute to attainment of the ozone standard since the standard has
already been attained.
    On July 29, 2010, the Illinois Environmental Protection Agency
(Illinois EPA) submitted a request for a waiver of the NOX
RACT requirements that would apply under section 182(f) of the CAA to
the Illinois portions of the Chicago-Gary-Lake County, IL-IN and St.
Louis, MO-IL ozone nonattainment areas.\1\ Although Illinois has
adopted NOX RACT rules for the ozone nonattainment areas,
the 1997 8-hour ozone standard has been attained in the two ozone
nonattainment area prior to the implementation of Illinois'
NOX RACT rules.
---------------------------------------------------------------------------

    \1\ The Illinois portion of the Chicago-Gary-Lake County, IL-IN
8-hour ozone nonattainment area includes Cook, DuPage, Kane, Lake,
McHenry, and Will Counties, and portions of Grundy (Aux Sable and
Goose Lake Townships) and Kendall (Oswego Township) Counties. The
Illinois portion of the St. Louis, MO-IL 8-hour ozone nonattainment
area includes Jersey, Madison, Monroe, and St. Clair Counties. These
nonattainment areas are not part of a designated ozone transport
region. See section 184(a) of the CAA.
---------------------------------------------------------------------------

    On December 8, 2010 (75 FR 76332), EPA published a proposed rule
reviewing Illinois' NOX control waiver request and proposing
to grant this waiver under section 182(f) of the CAA. This proposed
rule provides a detailed discussion of Illinois' requested
NOX RACT waiver and the ozone air quality data supporting
the granting of this waiver.

II. What comments did we receive on the proposed rule?

    EPA received no comments on the December 8, 2010, proposed rule.

III. What action is EPA taking?

    The 2007-2009 ozone data for the Chicago-Gary-Lake County, IL-IN
and St. Louis, MO-IL 8-hour ozone nonattainment areas show attainment
of the 1997 8-hour ozone standard. Based on this conclusion, we are
approving Illinois' request for a waiver from the NOX RACT
requirements of the CAA in the Illinois portions of the Chicago-Gary-
Lake County, IL-IN and St. Louis, MO-IL 8-hour ozone nonattainment
areas.

IV. Statutory and Executive Order Reviews

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

Federal requirements and does not impose additional requirements beyond
those imposed by State law and the CAA. For that reason, this action:
     Is not ``significant regulatory actions'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and,
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 25, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Volatile organic compounds.

    Dated: February 9, 2011.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart O--Illinois

0
2. Section 52.726 is amended by adding paragraph (ii) to read as
follows:

Sec.  52.726  Control strategy: Ozone.

* * * * *
    (ii) Approval. EPA is approving a July 29, 2010, request from the
State of Illinois for a waiver from the Clean Air Act requirement for
Oxides of Nitrogen (NOx) Reasonably Available Control Technology (RACT)
in the Illinois portions of the Chicago-Gary-Lake County, Illinois-
Indiana (Cook, DuPage, Kane, Lake, McHenry, and Will Counties, and
portions of Grundy (Aux Sable and Goose Lake Townships) and Kendall
(Oswego Township) Counties in Illinois) and St. Louis, Missouri-
Illinois (Jersey, Madison, Monroe, and St. Clair Counties in Illinois)
1997 8-hour ozone nonattainment areas.

[FR Doc. 2011-3612 Filed 2-18-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 155 (Monday, August 12, 2019)]
[Rules and Regulations]
[Pages 39758-39761]
[FR Doc No: 2019-17128]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0010; FRL-9997-97-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Nonattainment New Source Review Requirements for 2008 8-Hour
Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by Delaware. The revision
is in response to EPA's February 3, 2017 Findings of Failure to Submit
for various requirements relating to the 2008 8-hour ozone national
ambient air quality standards (NAAQS). This SIP revision is specific to
nonattainment new source review (NNSR) requirements. This action is
being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on September 11, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2019-0010. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Johansen, Permits Branch
(3AD10), Air and Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is<PHONE_NUMBER>. Ms. Johansen can also be
reached via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On April 19, 2019 (84 FR 16426), EPA published a notice of proposed
rulemaking (NPRM) for Delaware. In the NPRM, EPA proposed approval of
Delaware's NNSR Certification for the 2008 8-hour ozone NAAQS. The
formal SIP revision was submitted by the Department of Natural
Resources and Environmental Control (DNREC) on

behalf of the state of Delaware on June 29, 2018. Specifically,
Delaware certified that its existing NNSR program, covering the
Delaware portion of the Philadelphia-Wilmington-Atlantic City, PA-NJ-
MD-DE (Philadelphia Area) nonattainment area (which includes New Castle
County) and the entire Seaford, DE (Seaford Area) nonattainment area
(which includes Sussex County) for the 2008 8-hour ozone NAAQS, is at
least as stringent as the requirements at 40 CFR 51.165, as amended by
the final rule titled ``Implementation of the 2008 National Ambient Air
Quality Standards for Ozone: State Implementation Plan Requirements''
(SIP Requirements Rule), for ozone and its precursors.1 2
See 80 FR 12264 (March 6, 2015). This SIP revision was in response to
EPA's final 2008 8-hour ozone NAAQS Findings of Failure to Submit for
NNSR requirements. See 82 FR 9158 (February 3, 2017).
---------------------------------------------------------------------------

    \1\ The SIP Requirements Rule addresses a range of nonattainment
area SIP requirements for the 2008 8-hour ozone NAAQS, including
requirements pertaining to attainment demonstrations, reasonable
further progress (RFP), reasonably available control technology,
reasonably available control measures, major new source review,
emission inventories, and the timing of SIP submissions and of
compliance with emission control measures in the SIP. The rule also
revokes the 1997 ozone NAAQS and establishes anti-backsliding
requirements.
    \2\ On February 16, 2018, the United States Court of Appeals for
the District of Columbia Circuit (DC Cir. Court or Court) issued an
opinion on the EPA's SIP Requirements Rule. South Coast Air Quality
Mgmt. Dist. v. EPA, 882 F.3d 1138, 2018 U.S. App. LEXIS 3636 (DC
Cir. Feb. 16, 2018). The DC Cir. Court found certain provisions from
the SIP Requirements Rule to be inconsistent with the statute or
unreasonable and vacated those provisions. Id. The Court found other
parts of the SIP Requirements Rule reasonable and denied the
petition for appeal on those provisions. Id.
---------------------------------------------------------------------------

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under
EPA's regulations at 40 CFR 50.15, the 2008 8-hour ozone NAAQS is
attained when the three-year average of the annual fourth-highest daily
maximum 8-hour average ambient air quality ozone concentration is less
than or equal to 0.075 ppm.
    Upon promulgation of a new or revised NAAQS, the CAA requires EPA
to designate as nonattainment any area that is violating the NAAQS
based on the three most recent years of ambient air quality data at the
conclusion of the designation process. The Seaford and Philadelphia
Areas were classified as marginal nonattainment for the 2008 8-hour
ozone NAAQS on May 21, 2012 (effective July 20, 2012) using 2008-2010
ambient air quality data. See 77 FR 30088. On March 6, 2015, EPA issued
the final SIP Requirements Rule, which establishes the requirements
that state, tribal, and local air quality management agencies must meet
as they develop implementation plans for areas where air quality
exceeds the 2008 8-hour ozone NAAQS. See 80 FR 12264. Areas that were
designated as marginal ozone nonattainment areas were required to
attain the 2008 8-hour ozone NAAQS no later than July 20, 2015, based
on 2012-2014 monitoring data. See 40 CFR 51.1103. The Seaford Area
attained the 2008 8-hour ozone NAAQS by July 20, 2015 and the EPA
Administrator signed a final Determination of Attainment (DOA) on April
11, 2016. See 81 FR 26697 (May 4, 2016). The Philadelphia Area did not
attain the 2008 8-hour ozone NAAQS by July 20, 2015; however, the area
did meet the CAA section 181(a)(5) criteria, as interpreted in 40 CFR
51.1107, for a one-year attainment date extension. Id. Therefore, in
same rulemaking action, the EPA Administrator signed a final rule
extending the Philadelphia Area 8-hour ozone NAAQS attainment date from
July 20, 2015 to July 20, 2016. Id.\3\
---------------------------------------------------------------------------

    \3\ On November 2, 2017, EPA approved a DOA for the 2008 8-hour
ozone NAAQS for Philadelphia Area. This action was based on
complete, certified, and quality assured ambient air quality
monitoring data for the 2013-2015 monitoring period. See 82 FR
50814. It should be noted that a DOA does not alleviate the need for
Delaware to certify that their existing SIP approved NNSR program is
as stringent as the requirements at 40 CFR 51.165, as NNSR applies
in nonattainment areas until an area has been redesignated to
attainment.
---------------------------------------------------------------------------

    Based on initial nonattainment designations for the 2008 8-hour
ozone NAAQS, as well as the March 6, 2015 final SIP Requirements Rule,
Delaware was required to develop a SIP revision addressing certain CAA
requirements for the Seaford and Philadelphia Areas, and submit to EPA
a NNSR Certification SIP or SIP revision no later than 36 months after
the effective date of the areas designations for the 2008 8-hour ozone
NAAQS (i.e., July 20, 2015).\4\ See 80 FR 12264 (March 6, 2015). EPA is
approving Delaware's June 29, 2018 NNSR Certification SIP revision for
the 2008 8-hour ozone NAAQS.
---------------------------------------------------------------------------

    \4\ Neither Delaware's obligation to submit the NNSR
Certification SIP nor the requirements governing that submission
were affected by the D.C. Circuit's February 16, 2018 decision on
portions of the SIP Requirements Rule in South Coast Air Quality
Mgmt. Dist. v. EPA.
---------------------------------------------------------------------------

II. Summary of SIP Revision and EPA Analysis

    This rulemaking action is specific to Delaware's NNSR requirements.
NNSR is a preconstruction review permit program that applies to new
major stationary sources or major modifications at existing sources
located in a nonattainment area. The specific NNSR requirements for the
2008 8-hour ozone NAAQS are located in 40 CFR 51.160 through 165.
    Delaware's SIP approved NNSR program, established in Title 7
Delaware Administrative Code (DE Admin Code) 1125 (Requirements for
Preconstruction Review), apply to the construction and modification of
major stationary sources in nonattainment areas. In its June 29, 2018
SIP revision, Delaware certified that the version of Title 7 DE Admin
Code Section 1125 approved in the SIP is at least as stringent as the
Federal NNSR requirements for the Seaford and Philadelphia Areas.
    In addition, on February 3, 2017, EPA found that 15 states and the
District of Columbia failed to submit SIP revisions in a timely manner
to satisfy certain requirements for the 2008 8-hour ozone NAAQS that
apply to nonattainment areas and/or states in the Ozone Transport
Region (OTR). See 82 FR 9158. As explained in that rulemaking action,
consistent with the CAA and EPA regulations, these Findings of Failure
to Submit established certain deadlines for the imposition of
sanctions, if a state does not submit a timely SIP revision addressing
the requirements for which the finding is being made, and for the EPA
to promulgate a Federal implementation plan (FIP) to address any
outstanding SIP requirements.
    EPA found, inter alia, that Delaware failed to submit SIP revisions
in a timely manner to satisfy NNSR requirements for the Seaford and
Philadelphia Areas. Delaware submitted its June 29, 2018 SIP revision
to address the specific NNSR requirements for the 2008 8-hour ozone
NAAQS, located in 40 CFR 51.160 through 165, as well as its obligations
under EPA's February 3, 2017 Findings of Failure to Submit. EPA's
analysis of how this SIP revision addresses the NNSR requirements for
the 2008 8-hour ozone NAAQS and the Findings of Failure to Submit was
discussed in the NPRM and will not be restated here.

III. Public Comments and EPA Response

    EPA received two sets of comments on the April 19, 2019 NPRM. See
84 FR 16426. One set of comments was in support of EPA's proposed
rulemaking action. With respect to the second set of comments, only one
comment is relevant to this action and requires a response. A summary
of the comment and EPA's response is discussed in this Section. A copy
of the comments can be found in the docket for this rulemaking action.

    Comment: The commenter makes note that volatile organic compounds
(VOC) are defined as those in 40 CFR 51.100(s), but that Delaware's
regulations don't include the correct version of what is being defined
as a VOC. The commenter references EPA's February 12, 2019 NPRM, where
EPA is approving Delaware's definition change of VOC. The commenter
also notes suggests that EPA should wait until Delaware's regulations
match the requirements in 40 CFR 51.165 exactly before approving this
NNSR submission and suggests EPA to look at Delaware's regulation 1125.
Lastly, the commenter notes that changes have also been made to the
rules governing the Prevention of Significant Deterioration (PSD)
program and related modeling requirements.
    EPA Response: Delaware's certification applies to its NNSR program,
not to its PSD program. The commenter's concerns related to PSD and
related modeling are not relevant to EPA's action to approve Delaware's
NNSR certification, and as such do not warrant consideration in the
final rule.
    EPA finalized its approval of the NPRM that the commenter referred
to in their comments. In that February 12, 2019 rulemaking action, EPA
proposed approval of Delaware's revision to Section 2 of 7 DE Admin
Code 1101, where the state updated its definition of VOC to conform to
EPA's current definition of VOC in 40 CFR 51.100(s). EPA finalized
approval of that action on May 31, 2019. See 84 FR 25183.
    EPA disagrees with the commenter's assertion that EPA should wait
until Delaware's regulations match 40 CFR 51.165 exactly until it
approves this rulemaking action. Delaware evaluated the necessary
regulations for this rulemaking action and certified in its June 29,
2018 SIP revision that its existing Federally-approved NNSR program is
at least as stringent as the Federal NNSR requirements found at 40 CFR
51.165, and based on EPA's analysis of that SIP revision, EPA agrees
with Delaware and is moving forward to approve this rulemaking action.

IV. Final Action

    EPA is approving Delaware's June 29, 2018 SIP revision addressing
the NNSR requirements for the 2008 ozone NAAQS for the Seaford and
Philadelphia Areas. EPA has concluded that Delaware's submission
fulfills the 40 CFR 51.1114 revisions requirement, meets the
requirements of CAA sections 110 and 172 and the minimum SIP
requirements of 40 CFR 51.165, as well as its obligations under EPA's
February 3, 2017 Findings of Failure to Submit. See 82 FR 9158.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 11, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action pertaining to Delaware's NNSR program and the 2008
8-hour ozone NAAQS may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: July 29, 2019.
Diana Esher,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart I--Delaware

0
2. In Sec.  52.420, the table in paragraph (e) is amended by adding the
entry ``2008 8-Hour Ozone Certification for Nonattainment New Source
Review (NNSR)'' at the end of the table to read as follows:

Sec.  52.420   Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
  Name of non-regulatory SIP     Applicable geographic       State                               Additional
           revision                      area           submittal date  EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2008 8-Hour Ozone               Delaware portion of         06/29/2018  8/12/2019,
 Certification for               the Philadelphia-                       [insert Federal
 Nonattainment New Source        Wilmington-Atlantic                     Register
 Review (NNSR).                  City, nonattainment                     citation].
                                 area and the Seaford,
                                 Delaware
                                 nonattainment area.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2019-17128 Filed 8-9-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Proposed Rules]
[Pages 47716-47718]
[FR Doc No: 2020-17038]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0745; Product Identifier 2019-CE-030-AD]
RIN 2120-AA64

Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for Pilatus Aircraft Ltd. Models PC-12, PC-12/45, PC-12/47, and PC-12/
47E airplanes. This proposed AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct

an unsafe condition on an aviation product. The MCAI describes the
unsafe condition as improperly manufactured horizontal stabilizer rear
attachment bolts. If not corrected, this could lead to fatigue failure
of the bolts and loss of airplane control. The FAA is proposing this AD
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by September
21, 2020.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Pilatus Aircraft Ltd., Customer Technical Support (MCC), P.O. Box 992,
CH-6371 Stans, Switzerland; telephone: +41 (0)41 619 67 74; fax: +41
exception occurred on : 2020-17038.htm
exception occurred on : 2020-17038.htm
(0)41 619 67 73; email: aircraft.com">[email protected]aircraft.com; internet:
https://www.pilatus-aircraft.com. You may review this referenced
service information at the FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call (816)
329-4148. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0745.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0745; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this proposed AD, any comments received, and other information. The
street address for Docket Operations is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA,
General Aviation & Rotorcraft Section, International Validation Branch,
901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816)
329-4059; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2020-0745;
Product Identifier 2019-CE-030-AD'' at the beginning of your comments.
The FAA will consider all comments received by the closing date and may
amend this proposed AD because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments we receive, without change, to
https://regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact it receives about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Doug
Rudolph, Aerospace Engineer, FAA, General Aviation & Rotorcraft
Section, International Validation Branch, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.

Discussion

    The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, has
issued EASA AD No. 2019-0129, dated June 6, 2019 (referred to after
this as ``the MCAI''), to correct an unsafe condition for Pilatus
Aircraft Ltd. Models PC-12, PC-12/45, PC-12/47, and PC-12/47E
airplanes. The MCAI states:

    On the final assembly line, horizontal stabilizer rear
attachment bolts were detected that had not received correct heat
treatment. Subsequent investigation determined that certain parts,
identified by FAUF, were improperly manufactured and consequently
have reduced material properties.
    This condition, if not corrected, could lead to a fatigue
failure of an affected part, possibly resulting in loss of control
of the aeroplane.
    To address this potential unsafe condition, Pilatus issued the
[service bulletin] SB to provide inspection and replacement
instructions.
    For the reason described above, this [EASA] AD requires
replacement of affected parts, and prohibits (re)installation
thereof.

    You may obtain further information by examining the MCAI in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2020-0745.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Pilatus Aircraft Ltd. PC-12 Service Bulletin No.
55-004, dated March 29, 2019. The service information contains
procedures for checking the rear attachment bolts for the horizontal
stabilizer and replacing any defective bolts. This service information
is reasonably available because the interested parties have access to
it through their normal course of business or by the means identified
in the ADDRESSES section.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, it has
notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is proposing this AD
because it evaluated all information and determined the unsafe
condition exists and is likely to exist or develop on other products of
the same type design.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 14 products of
U.S. registry. The average labor rate is $85 per work-hour.

    The FAA estimates that the proposed actions would take 1.5 work-
hours and require parts costing $5,000, for a cost of $5,127.50 per
product and $71,785 for the U.S. operator fleet.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have 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.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:
Pilatus Aircraft Ltd.: Docket No. FAA-2020-0745; Product Identifier
2019-CE-030-AD.

(a) Comments Due Date

    The FAA must receive comments by September 21, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This airworthiness directive (AD) applies to Pilatus Aircraft
Ltd. Models PC-12, PC-12/45, PC-12/47, and PC-12/47E airplanes, all
serial numbers, certificated in any category, with a horizontal
stabilizer rear attachment bolt part number (P/N) 5<IP_ADDRESS>
marked with production order number FAUF 10169753, FAUF 10171067, or
FAUF 10171267 installed.

(d) Subject

    Air Transport Association of America (ATA) Code 55: Stabilizers.

(e) Reason

    This AD was prompted by a report of horizontal stabilizer rear
attachment bolts that had not received correct heat treatment during
the manufacturing process. The FAA is issuing this AD to prevent
fatigue failure of a bolt and subsequent loss of airplane control.

(f) Actions and Compliance

    (1) Within 1,350 hours time-in-service after the effective date
of this AD or within 13 months after the effective date of this AD,
whichever occurs first, replace each horizontal stabilizer rear
attachment bolt P/N 5<IP_ADDRESS> marked with production order
number FAUF 10169753, FAUF 10171067, or FAUF 10171267 by following
the Accomplishment Instructions, section 3.B.(2) through (4) and
figures 1 and 2, of Pilatus PC-12 Service Bulletin No. 55-004, dated
March 29, 2019, except you are not required to return parts to the
manufacturer.
    (2) As of the effective date of this AD, do not install a
horizontal stabilizer rear attachment bolt P/N 5<IP_ADDRESS> marked
with production order number FAUF 10169753, FAUF 10171067, or FAUF
10171267 on any airplane.

(g) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: Doug
Rudolph, Aerospace Engineer, FAA, General Aviation & Rotorcraft
Section, International Validation Branch, 901 Locust, Room 301,
Kansas City, Missouri 64106; telephone:<PHONE_NUMBER>; fax: (816)
329-4090; email<EMAIL_ADDRESS>Before using any approved
AMOC, notify your appropriate principal inspector (PI), or lacking a
PI, your local Flight Standards District Office.

(h) Related Information

    Refer to mandatory continuing airworthiness information (MCAI)
European Union Aviation Safety Agency AD No. 2019-0129, dated June
6, 2019, for related information. You may examine the MCAI on the
internet at https://www.regulations.gov by searching for and
locating Docket No FAA-2020-0745. For service information related to
this AD, contact Pilatus Aircraft Ltd., Customer Technical Support
(MCC), P.O. Box 992, CH-6371 Stans, Switzerland; telephone: +41
(0)41 619 67 74; fax: +41 (0)41 619 67 73; email:
exception occurred on : 2020-17038.htm
exception occurred on : 2020-17038.htm
aircraft.com">[email protected]aircraft.com; internet: https://www.pilatus-
aircraft.com. You may review this referenced service information at
the FAA, Airworthiness Products Section, Operational Safety Branch,
901 Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued on July 30, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-17038 Filed 8-5-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 17, 2005 (Volume 70, Number 199)]
[Notices]
[Page 60328-60330]
[DOCID:fr17oc05-80]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP05-412-000]

Tennessee Gas Pipeline Company; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Northeast ConneXion Project--
New England and Request for Comments on Environmental Issues

October 6, 2005.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Northeast ConneXion Project--
New England involving construction, abandonment, and operation of
facilities by Tennessee Gas Pipeline Company Tennessee).\1\ The
proposed facilities consist of the installation of additional
compression at four of its existing compressor stations in Potter
County, Pennsylvania; Onondaga, Herkimer, and Schoharie Counties, New
York; the abandonment and installation of additional compression at two
existing compressor stations in Columbia County, New York, and
Worcester County, Massachusetts; and the construction of one new
compressor station in Steuben County, New York. Tennessee will install
55,400 horsepower (hp) and replace 10,500 hp for a net total of 44,900
hp of compression. No construction of pipeline is proposed. This EA
will be used by the Commission in its decision-making process to
determine whether the project is in the public convenience and
necessity. Tennessee indicates that the proposed facilities will enable
it to provide up to 136,300 decatherms per day of incremental firm
transportation capacity.
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    \1\ Tennessee's application was filed with the Commission under
section 7 of the Natural Gas Act and part 157 of the Commission's
regulations.
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    If you are a landowner receiving this notice, you may be contacted
by a pipeline company representative about the acquisition of an
easement to construct, operate, and maintain the proposed facilities.
The pipeline company would seek to negotiate a mutually acceptable
agreement. However, if the project is approved by the Commission, that
approval conveys with it the right of eminent domain. Therefore, if
easement negotiations fail to produce an agreement, the pipeline
company could initiate condemnation proceedings in accordance with
State law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' was attached to the
project notice Tennessee provided to landowners. This fact sheet
addresses a number of typically asked questions, including the use of
eminent domain and how to participate in the Commission's proceedings.
It is available for viewing on the FERC Internet Web site
(http://www.ferc.gov).

Summary of the Proposed Project

    Tennessee seeks authority for the:
     Installation of two additional 3,550-hp CAT 3612
compressor units at each of the existing Compressor Stations 241, 245,
and 249 located in Onondaga, Herkimer, and Schoharie Counties, New
York;
     Replacement of an existing 4,500-hp compressor unit with a
single 10,300-hp Solar Taurus 70S turbine-driven compressor unit at
existing Compressor 254 in Columbia County, New York;
     Replacement of three existing compressor units totaling
6,000 hp with the installation of two 6,275-hp Solar Centaur 50L
turbine-driven compressor units (12,550 hp total) at existing
Compressor Station 264 in Worcester County, Massachusetts;
     Installation of one additional 3,550-hp CAT 3612
compressor unit at existing Compressor Station 313 in Potter County,
Pennsylvania; and
     Construction of new Compressor Station 405A, with a single
7,700-hp Solar Taurus 60S turbine-driven compressor unit in Steuben
County, New York.
    Tennessee indicates that it will install ``appurtenant facilities''
to the project pursuant to section 2.55(a) of the regulations.
    The location of the project facilities and alternative sites for
the new compressor station is shown in Appendix 1.\2\
---------------------------------------------------------------------------

    \2\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of all appendices, other
than Appendix 1 (maps), are available on the Commission's Web site
at the ``eLibrary'' link or from the Commission's Public Reference
Room, 888 First Street, NE., Washington, DC 20426, or call (202)
502-8371. For instructions on connecting to eLibrary refer to the
last page of this notice. Copies of the appendices were sent to all
those receiving this notice in the mail.
---------------------------------------------------------------------------

Land Requirements for Construction

    The new Compressor Station 405A would require about 20.0 acres of
land of which about 10.0 acres would be used during construction.
Following construction, about 3.2 acres would be maintained as the new
aboveground facility site. Tennessee would not need

to acquire any additional acreage or land for the proposed
modifications at the existing compressor stations.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
to discover and address concerns the public may have about proposals.
This process is referred to as ``scoping''. The main goal of the
scoping process is to focus the analysis in the EA on the important
environmental issues. By this Notice of Intent, the Commission staff
requests public comments on the scope of the issues to address in the
EA. All comments received are considered during the preparation of the
EA. State and local government representatives are encouraged to notify
their constituents of this proposed action and encourage them to
comment on their areas of concern.
    In the EA we \3\ will discuss impacts that could occur as a result
of the construction and operation of the proposed project under these
general headings:
---------------------------------------------------------------------------

    \3\ ``We'', ``us'', and ``our'' refer to the environmental staff
of the Office of Energy Projects (OEP).
---------------------------------------------------------------------------

     Geology and soils;
     Ground water resources;
     Vegetation and wildlife;
     Endangered and threatened species;
     Public safety;
     Land use;
     Cultural resources;
     Air quality and noise; and
     Hazardous waste.
    We will not discuss impacts to the following resource areas since
they are not present in the project area, or would not be affected by
the proposed facilities: Surface water resources, fisheries, and
wetlands.
    We will also evaluate possible alternatives to the proposed project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
    Our independent analysis of the issues will be in the EA. Depending
on the comments received during the scoping process, the EA may be
published and mailed to Federal, State, and local agencies, public
interest groups, interested individuals, affected landowners,
newspapers, libraries, and the Commission's official service list for
this proceeding. A comment period will be allotted for review if the EA
is published. We will consider all comments on the EA before we make
our recommendations to the Commission.
    To ensure your comments are considered, please carefully follow the
instructions in the public participation section below

Currently Identified Environmental Issue

    We have identified noise as an issue that we think deserves
attention based on a preliminary review of the proposed facilities and
the environmental information provided by Tennessee. This preliminary
issue may be changed based on your comments and our analysis.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. By becoming a commentor, your
concerns will be addressed in the EA and considered by the Commission.
You should focus on the potential environmental effects of the
proposal, alternatives to the proposal (including alternative
locations), and measures to avoid or lessen environmental impact. The
more specific your comments, the more useful they will be. Please
carefully follow these instructions to ensure that your comments are
received in time and properly recorded:
     Send an original and two copies of your letter to: Magalia
R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First
St., NE., Room 1A, Washington, DC 20426.
     Label one copy of the comments for the attention of Gas
Branch 2.
     Reference Docket No. CP05-412-000.
     Mail your comments so that they will be received in
Washington, DC on or before November 7, 2005.
    Please note that we are continuing to experience delays in mail
deliveries from the U.S. Postal Service. As a result, we will include
all comments that we receive within a reasonable time frame in our
environmental analysis of this project. However, the Commission
strongly encourages electronic filing of any comments or interventions
or protests to this proceeding. See 18 CFR 385.2001(a)(1)(iii) and the
instructions on the Commission's Web site at http://www.ferc.gov under

the ``e-Filing'' link and the link to the User's Guide. Before you can
file comments you will need to create a free account which can be
created on-line.
    We may mail the EA for comment. If you are interested in receiving
it, please return the Information Request (Appendix 2). If you do not
return the Information Request, you will be taken off the mailing list.

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an official party to the proceeding, or ``intervenor''. To
become an intervenor you must file a motion to intervene according to
Rule 214 of the Commission's Rules of Practice and Procedure (18 CFR
385.214). Intervenors have the right to seek rehearing of the
Commission's decision. Motions to Intervene should be electronically
submitted using the Commission's eFiling system at http://www.ferc.gov.

Persons without Internet access should send an original and 14 copies
of their motion to the Secretary of the Commission at the address
indicated previously. Persons filing Motions to Intervene on or before
the comment deadline indicated above must send a copy of the motion to
the Applicant. All filings, including late interventions, submitted
after the comment deadline must be served on the Applicant and all
other intervenors identified on the Commission's service list for this
proceeding. Persons on the service list with e-mail addresses may be
served electronically; others must be served a hard copy of the filing.
    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your environmental comments considered.

Environmental Mailing List

    An effort is being made to send this notice to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed project. This includes all landowners who are
potential right-of-way grantors, whose property may be used temporarily
for project purposes, or who own homes within distances defined in the
Commission's regulations of certain aboveground facilities.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.

Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field. Be sure you have selected

an appropriate date range. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY, contact<PHONE_NUMBER>. The eLibrary link also provides
access to the texts of formal documents issued by the Commission, such
as orders, notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.

    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx
 along with other related information.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-5657 Filed 10-14-05; 8:45 am]

BILLING CODE 6717-01-P