[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Notices]
[Page 27076]
[FR Doc No: 2011-11311]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1970-DR; Docket ID FEMA-2011-0001]

Oklahoma; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Oklahoma (FEMA-1970-DR), dated April 22,
2011, and related determinations.

DATES: Effective Date: April 22, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated April 22, 2011, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Oklahoma resulting from severe storms, tornadoes, and straight-
line winds on April 14, 2011, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare that such
a major disaster exists in the State of Oklahoma.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation and Other Needs Assistance will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, William J. Doran III, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Oklahoma have been designated
as adversely affected by this major disaster:

    Atoka County for Individual Assistance.
    All counties within the State of Oklahoma are eligible to apply
for assistance under the Hazard Mitigation Grant Program.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

    May 3, 2011.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-11311 Filed 5-9-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 79, Number 250 (Wednesday, December 31, 2014)]
[Notices]
[Page 78937]
[FR Doc No: 2014-30551]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Sixty-Second Meeting: RTCA Special Committee 186, Automatic
Dependent Surveillance-Broadcast (ADS-B)

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

ACTION: Meeting Notice of RTCA Special Committee 186, Automatic
Dependent Surveillance-Broadcast (ADS-B).

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SUMMARY: The FAA is issuing this notice to advise the public of the
sixty second meeting of the RTCA Special Committee 186, Automatic
Dependent Surveillance-Broadcast (ADS-B).

DATES: The meeting will be held January 23, 2015 from 9:00 a.m.-5:00
p.m.

ADDRESSES: The meeting will be held at the RTCA Headquarters--NBAA &
Colson Conference Rooms, 1150 18th Street NW., Suite 910, Washington,
DC 20036

FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th Street
NW., Suite 910, Washington, DC, 20036, or by telephone at (202) 330-
0662/(202) 833-9339, fax<PHONE_NUMBER>, or Web site at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of Special Committee 186. The agenda will
include the following:

January 23 2015

 Chairman's Introductory Remarks
 Review of Meeting Agenda
 Review/Approval of the 61st Meeting Summary, RTCA Paper No.
RTCA Paper No. 169-14/SC186-335
 Surveillance Broadcast Services (SBS) Program Status
 European Activities
 Updated SC-186 Terms of Reference
 WG-4--Application Technical Requirements
    [cir] Flight Deck-based Interval Management (FIM) MOPS Status &
Schedule
    [cir] Cockpit Assisted Pilot Procedures (CAPP)
    [cir] Preliminary look at recent MITRE HITL
 Advanced Interval Management (A-IM) Development
 Coordination with SC-214/WG-78 for ADS-B Application Data Link
Rqts-Status
 FAA information briefings
    [cir] Equip 2020
    [cir] Planned TIS-B Service Changes
    [cir] Recent Regulatory/Guidance/Policy updates
    [cir] Summary of Avionics Monitoring results
 Date, Place and Time of Next Meeting
 New Business
    [cir] Overview of 1090 MHz Phase Modulation Research
 Other Business.
    [cir] Status brief on Wake Vortex Tiger Team
 Review Action Items/Work Programs
 Adjourn Plenary

    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting.
    Persons wishing to present statements or obtain information should
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. Members of the public may present a written statement to the
committee at any time.

    Issued in Washington, DC on December 22, 2014.
Mohannad Dawoud,
Management Analyst, Program Oversight and Administration, NextGen,
Management Services, Federal Aviation Administration.
[FR Doc. 2014-30551 Filed 12-30-14; 8:45 am]
BILLING CODE 4910-13-P


STATEMENT SUPPORTING THE REVISION OF THE INFORMATION COLLECTION REQUIREMENTS FOR RISK MANAGEMENT PROGRAM REQUIREMENTS and PETITIONS TO MODIFY THE LIST OF REGULATED SUBSTANCES UNDER SECTION 112( r) OF THE CLEAN AIR ACT EPA # 1656.10 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title of the Information Collection Request Risk Management Program Requirements and Petitions to Modify the List of Regulated Substances under section 112( r) of the Clean Air Act ( Proposed Rule).

1( b) Short Characterization This information collection request ( ICR) amends a previously approved ICR ( 1656.09), OMB No. 2050 0144, expiring October 31, 2005, for 97,160 annual burden hours.

This information collection request ( ICR) is submitted for the revision of the Final Risk Management Programs Rule ( June 20, 1996), for registering sources, documenting risk management programs, and submitting a risk management plan ( RMP) under section 112( r)( 7)( B) of the Clean Air Act, as amended ( CAA) or the " the Act". CAA section 112( r)( 7) required EPA to promulgate reasonable regulations and appropriate guidance to provide for the prevention and detection of accidental releases and for responses to such releases. The regulations include requirements for submittal of an RMP, including source registration, to EPA. The RMP includes information on a source's hazard assessment, prevention program, and emergency response program. The RMP requirements have been amended few times since the 1996 final rule. The regulations are codified in 40 CFR part 68. The first submissions of RMP were received in June 1999.

EPA has proposed to revise 40 CFR part 68 ( Chemical Accident Prevention Provisions) to:

( 1) Add three new data elements to the risk management plan;

( 2) Remove the requirement to discuss the off site consequence analysis in the executive summary of the RMP; and ( 3) Modify the RMP re submission schedule for sources who have significant accidents, and for those sources that have changes for their emergency contacts.

EPA is proposing to add three new data elements to the risk management plan: Emergency Contact( s) Email address, Reason for subsequent RMP submissions, and Contractor Information. Section 68.160( b)( 6) currently requires facilities to provide the name, title, telephone number, and a 24 hour telephone number of the emergency contact. Similarly, paragraph 68.160( b)( 14) allows facilities to optionally provide an email address for the source or parent company. Providing an email address in the RMP, serves a new avenue of communication between EPA and or implementing agencies with the facilities. In our new environment of heightened security, it may become necessary to communicate directly and on short notice with sources subject to the RMP program. Therefore, EPA is proposing to add this data element, Emergency Contacts E mail address to the risk management plan.

A second data element that is being proposed is for sources to provide the reason for subsequent RMP submissions ( correction, update, de registration, or withdrawal). Sources are required to update their RMP by the schedule specified in section 68.190. Since the June 1999 reporting deadline, EPA has received several RMPs reflecting corrections, updates, de registrations or withdrawals from sources. This additional element is intended to assist the Agency and other implementing agencies understand the reason a source is submitting a new RMP, or asking to remove an existing one.

The third data element that is being proposed in the RMP is for sources that use a contractor to fill out the RMP to provide the name of individual/ contractor, and a phone number to contact the contractor. This new data would allow the implementing agencies to measure to what extent the contractors are preparing RMPs for facilities. It would also allow auditors to contact the contractor directly on any questions regarding the RMPs they filled out.

EPA is also proposing some change to the Executive Summary section of the RMP, that is, to remove the requirement to discuss the off site consequence analysis. Section 112( r)( 7) of the CAA requires sources subject to the risk management program requirements to conduct an off site consequence analysis ( OCA) for one or more hypothetical accidental worst case and alternative release scenarios and report the results of the analysis in the RMP. In 1999, Congress passed the Chemical Safety Information, Site Security and Fuels Regulatory Relief Act ( CSISSFRRA), governing the distribution of " off site consequence [ OCA] information". This regulation ( 40 CFR 1400) was published in the Federal Register on August 4, 2000 ( 65 FR 48108). Promulgated prior to the passage for CSISSFRRA, section 68.155( c) of the RMP rule currently requires sources to briefly describe in their RMP executive summary " the worstcase release scenario( s) and the alternative release scenario( s), including the administrative controls and mitigation measures to limit the distances for each reported scenario." EPA, along with federal law enforcement agencies, believes that due to its sensitive nature, this information should not be in the executive summaries, which are available to the public without restriction. For this reason, EPA is proposing to remove the requirement to summarize the OCA information and requests that sources not voluntarily provide this specific information, in the executive summary. Facilities must continue to provide details of the OCA in sections 2 through 5 of the RMP and the public would continue to have access to this information in the manner required by the regulation at 40 CFR 1400.

EPA is also proposing to change the RMP submission schedule for those sources that meet the criteria for the five year accident history and for those sources that change the emergency contact information. Currently, the rule requires sources to submit RMPs every five years from June 21, 1999, unless sources have other reasons to update RMPs as specified in section 68.190( b)( 2) to ( 7). Since these reasons for updates do not include a reason to update the RMP for sources that have accidents, until a regular update is required ( within five years of initial submission), EPA is proposing that sources update their RMP within six months of the date of the accident. EPA believes that requiring an update of the RMP submission within six months of the date of new accidents that triggers the criteria will provide a significant improvement in the accident prevention and reporting programs for such sources. EPA believes that providing the details of the accident soon after the accident takes place rather than wait five years in their regular update, will allow the source to provide more complete and accurate information in their accident reporting.

The RMP has become a primary source of information for the federal government's efforts in homeland security. In this manner, the emergency contact information is not only important to state and local responders, but also for the federal government. Under current requirements, if the information for the emergency contact becomes outdated ( e. g. change of emergency contact's phone number, emergency contact leaves the position, etc), the source may take up to five years to report these changes. Through the auditing programs, implementing agencies report that a large amount of the information for emergency contacts is outdated or otherwise inaccurate. For these reasons, EPA is proposing to require that facilities correct their emergency contact information within one month of a change in the information. The additional email address data element that is being proposed will also fall under this new requirement to correct emergency info within one month of a change. These updates of emergency contact information will be considered corrections and will not require a complete re submission of the RMP.

2. NEED FOR AND USE OF THE COLLECTION 2( a) Need/ Authority for the Collection Risk Management Plans The information collection for registration of RMPs with EPA is authorized under CAA section 112( r)( 7)( iii), which states in relevant part that " The owner or operator of each stationary source.... shall register a risk management plan.... with the Administrator before the effective of the regulations... in such form and manner as the Administrator shall, by rule, require." All sources potentially covered by this rule are, therefore, required to register a risk management plan with EPA. The list and thresholds promulgated under CAA section 112( r)( 3) determine which sources must comply with the accident prevention regulations; a source must comply with the CAA section 112( r)( 7) regulations if it holds more than a threshold quantity of a listed substance in a process. State and local authorities will use the information in RMPs to modify and enhance their community response plans. The agencies implementing RMP rule will use RMPs to evaluate compliance with part 68 and identify sources for inspection because they may pose significant risks to the community.

2( b) Use/ Users of the Data The information collected in the RMP is critical for assisting government agencies in assessing the quality and thoroughness of a source's hazard assessment, prevention program, and emergency response program. The information also would be used by state and local emergency planners to prepare or modify community response plans and to identify hazards to the community and provide a basis for sources to prevent accidents.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Nonduplication Risk Management Plans  New Data Elements. The Agency believes that this amendment is not a duplication of information requested by other EPA programs. For instance, one of the new data elements that EPA is proposing, emergency contacts email address, is critical information for the federal government's efforts under homeland security. In our new environment of heightened security, it may also become necessary for an implementing agency to communicate directly and on short notice with sources subject to the RMP program. Changes on the submission schedule of RMP that the Agency is proposing is unique to this program, which will provide important information on the changes occurring in industry and better understanding on the types of accidents occurring at sources. 3( b) Consultations Most of the elements that the Agency is proposing have been suggested by implementing agencies ( updates on facility emergency contact information, email address, contact information for contractor that filled out the RMP) or law enforcement agencies ( to remove off site consequence analysis information from executive summary).

3( c) Effects of Less Frequent Collection Sources are required to register and submit an RMP only once every five years, unless there are significant changes in the information provided. The next submission is due June 21, 2004. From then on, if sources have significant accident that meets the five year accident history criteria, then EPA is proposing that sources update their RMP within six months of the date of the accident. If the source's emergency contact information changes, EPA is proposing that sources correct the information within one month of a change in the information. The change for the emergency contact information does not require sources to update their entire RMP.

3( d) General Guidelines CAA section 112( r)( 7)( B)( iii) requires that sources update their RMPs periodically. To maintain consistency with OSHA PSM requirements, EPA= s implementing rule requires sources to update PHAs and hazard assessments every five years. Thus, sources are required to maintain such documentation for five years, which is greater than the three years specified in OMB's general guidelines.

3( e) Confidentiality and Sensitive Questions ( i) Confidentiality Some of the elements mandated in the regulation for the risk management plan may require the submittal of data viewed as proprietary, trade secret, or confidential. EPA has adopted procedures for sources to claim certain information as confidential business information.

( ii) Sensitive Questions No questions of a sensitive nature are included in any of the information collection requirements. The information submitted in an RMP includes information on a source's hazard assessment, prevention program, and emergency response program, and the information submitted in support of a petition to modify the list of regulated substances includes toxicity data and accident history data. This information is not private. The information collection requested under the EPA rulemaking is in compliance with the Privacy Act of 1974 and OMB Circular A 108.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents/ NAICS Codes Risk Management Programs and Plans The accidental release prevention program under the CAA was developed for sources that manufacture, react, mix, store, or use regulated substances in processes that require equipment designed, constructed, installed, operated, or maintained in specific ways to prevent accidental releases and ensure safe operations. The CAA requires sources to comply with the regulations if they have more than a threshold quantity of a listed regulated substance. Based on submissions of RMPs, the rule applies to manufacturers ( i. e., sources categorized in North American Industry Classification System ( NAICS) codes 31 33), as well as some non manufacturers, including federal facilities, utilities ( NAICS code 221: electric utilities, drinking water systems, wastewater treatment works), warehouses, large ammonia refrigeration systems ( e. g. food processors and distributors), wholesalers, ammonia retailers, and gas processors.

The most recent data shows that approximately 14,930 sources have submitted RMPs and are potentially subject to this proposed rule.

4( b) Information Requested Data requirements and respondent activities vary by program level. Program 1 requires the least amount of data and time from respondents, while Program 3 requires the most. All sources are required to update and submit every five years an RMP that includes basic facility data, an executive summary, fiveyear accident history, data on the worst case release scenarios ( at least one for toxics and one for flammables), and data on emergency response regardless of their program classification. In addition, Program 2 and 3 sources must also submit data on alternative release scenarios ( one for each toxic and one for flammables) and their prevention programs ( by process). If a change at the source ( e. g., a substantial change in the quantity held, a major modification of a source) leads to a change in certain data submitted in the previous RMP or requires an update to add a new process, the RMP must be revised and resubmitted. Depending on the event that triggers the need for an update, the source must resubmit the revised RMP either before the change is implemented ( e. g., the addition of a new regulated substance) or within six months of the change ( e. g., a major process modification).

The new data elements the Agency is proposing will most likely affect all 14,930 sources. The six month reporting requirement may only affect those sources that may have two or more accidents in a year. The reporting schedule due to the change in emergency contact information may only affect few of the sources that have submitted RMP. The change in the Executive Summary section, that is, to remove the requirement for sources to discuss the off site consequence analysis, will affect all 14,930 sources.

( i) Data Items Data Requirements for Risk Management Plans The Act requires that sources be registered with EPA. The first submission for RMP was June 21, 1999, and sources are required to resubmit RMP within five years ( by June 21, 2004). After the first submission, some sources have updated their RMP, in which case these sources obtained a new five year anniversary date. Updates or re submissions are revisions of all nine sections of the RMP, also requiring a new certification letter.

There are other reasons for a source to revise an RMP: corrections, de registrations or resubmissions and withdrawals. A correction is a change only to those data elements that need to be changed or corrected, and requires a new certification letter. Corrections may be required if the implementing agency or the EPA reporting center discovers the submission was incomplete based on a validation/ error report. The source may initiate a correction if it discovers an error, needs to make minor administrative changes ( e. g., correction of a phone number or contact name), or change owners but the covered processes operations do not change. Corrections do not affect the five year anniversary date for updating the RMP As mentioned earlier, updates are required by law to occur no later than 5 years after the postmark date of the source's last submission, or sooner if any of the changes specified in section 68.190( b)( 2) occur.

In this proposed rule, EPA is proposing to add three new data elements to the risk management plan and remove the requirement to discuss the off site consequence analysis information in the executive summary of the RMP. EPA is also proposing to modify the submission schedule under the risk management program for sources who have significant accidents, and for those who change the information for the emergency contacts.

( ii) Respondent Activities Rule Familiarization All sources currently subject to the risk management program requirements have to familiarize with this proposed rule.

New Data Elements ( 1) Emergency Contacts E mail address  All sources ( 14,930 sources) may have to comply with this requirement if EPA takes final action.

( 2) Reason for Subsequent RMP Submissions  Since the June 1999 reporting deadline, EPA has received thousands of RMPs reflecting corrections, updates, de registrations or withdrawals from sources. However, at this time the RMP does not require an entry that provides the reason the source is sending the new version. To be conservative, EPA assumes that all sources ( 14,930) that have submitted RMP may have to comply with this requirement if EPA takes final action.

( 4) Contractor Information  Through the auditing program, the implementing agencies have learned that many RMPs have been prepared by contractors, and not by personnel at RMP sources. EPA is proposing to add this data element ( contractor name, phone number) to the RMP, so that the implementing agency can contact the person on any questions regarding the RMP. EPA assumes that all sources ( 14,930) may have to comply with this requirement if EPA takes final action.

Submission Schedule EPA is proposing that facilities that have an accident that meets the criteria for the five year accident history be required to update their RMP within six months of the date of the accident. For those facilities that have a change in the information in their emergency contact information, EPA is proposing to require that facilities update this information within one month of a change in information.

5. THE INFORMATION COLLECTED   AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Federal, State and Local Agencies Activities Burden to State and Local Agencies This proposed rule does not impose any burden on state and local agencies. The elements proposed are useful to these entities, to carry out the responsibilities of implementing the program.

Burden to Federal Government In order to add the new data elements to the RMP, the Agency has to modify the software that facilities use for reporting. There will be some burden on the federal government to modify the software for the new data elements, for software maintenance, collecting and processing additional RMPs received due to the proposed changes in the rule. The Agency will be able to study the new information received on accident data soon after an accident occurs rather than waiting for the information for five years. The Agency will make the RMP information available to the implementing agencies.

5( b) Collection Methodology and Management Respondents complete an RMP electronically or on paper.

5( c) Small Entity Flexibility The Regulatory Flexibility Analysis ( RFA) of 1980 requires federal agencies to determine whether a regulation will have a significant economic impact on a substantial number of small entities, and make their analyses available for public comment. The RFA applies to small businesses, not for profit organizations, and small governmental jurisdictions. In addition, the Unfunded Mandates Reform Act of 1995 requires analysis of rules that impose significant burdens on state, local, and tribal governments.

The total estimated annual burden incurred by all small entities is 15,859 hours; the total estimated annual cost incurred by all small entities is $ 485,380. Average per facility costs to small entities for each new requirement are: $ 61.07 for rule familiarization; $ 190.29 for the six month reporting requirement; $ 2.89 for changes in emergency contact information; and, $ 7.63 for new data elements. As the result of these relatively low costs for the proposed rule, no detailed analysis of the impact on small entities was conducted. EPA certified that no significant impact to a substantial number of small entities will be incurred following implementation of the proposed rule.

The proposed rule imposes some new costs on large and small state and local governmental entities, primarily water, wastewater, and electric utility authorities or special districts. However, the analysis indicates that these costs are not significant. The annualized cost of the proposed rule discounted at 7% over 30 years for all potentially affected government entities is estimated to be $ 605,527.

5( d) Collection Schedule Sources with more than a threshold quantity of a listed substance in a process were required to be in compliance with the risk management program and submit an RMP by June 21, 1999. After submitting an RMP, a source must update it by the time it adds a new ( to the source) listed substance in a process above threshold quantity. Also, if certain other information provided in the RMP becomes inaccurate at any time after submission, the source is required to submit an amended RMP within six months of the change. Otherwise, sources are required to resubmit their RMP within five years of their last submittal even if other RMP data change during the five year period ( e. g., RMPs need not be updated in cases such as change in number of employees, contact names etc.). This proposed rule is revising section 68.190( b)( 2) to require facilities to submit an updated RMP within six months of the date of an accident that meets the criteria for the five year accident history. This requirement may change the submission schedule for some facilities.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a) Respondent Burden Rule Familiarization All respondents, 14,930 sources, are estimated to spend 2.0 hours to familiarize themselves with this proposed rule. The total annual burden for rule familiarization is 29,864 hours.

Respondent Burden for New Data Elements It is estimated that all respondents ( 14,930 sources) will take 0.25 hours ( technical staff) to report the new data elements that EPA is proposing to add to the risk management plan. The total annual burden for new data elements is 3,733 hours.

Respondent Burden for Six Month Reporting Requirement ( Five Year Accident History)

Based on the number of accidents reported in the RMPs received by EPA, only 55 facilities ( actual count based on RMP database) may resubmit their RMP because of the six month reporting requirement. EPA estimates that the reporting burden for each facility ranges from 3.0 to 9.0 hours ( wholesale to large chemical manufacturers) for resubmitting RMP due to the proposed six month reporting requirement. The total annual burden for six month reporting requirement for the estimated 55 sources is 259 hours.

Respondent Burden for Change in Emergency Contact Information The Agency is proposing that any facility that will have a change in their emergency contact information to submit the correct information within one month of the change. It is estimated that out of 14,930 sources that have submitted RMP, only 872 may have a change in their emergency contact information. Total annual burden is 87.2 hours.

6( b) Estimating Respondent Costs ( i) Estimating Labor Costs Unit ( hourly) costs for private legal, managerial, and technical labor for each facility category were obtained from the U. S. Dept. of Labor, Bureau of Labor Statistics. The total cost of complying with the revised submission schedule and new data requirements was calculated ( based on the estimated burden for each new element) and upon the potentially affected universe of facilities. This burden estimate was then multiplied by the current private wage rates ( for the appropriate facility type), resulting in an estimated annual cost. 6( c) Estimating Agency Burden and Cost To modify the software, the estimated Agency cost ( one time) is $ 100,000. For the second and third year covered by this ICR, the cost to maintain the software $ 50,000 each year. To collect and process the additional RMPs ( since the proposed rule changes the submission schedule for some sources as described in previous sections in this ICR), the estimated cost is $ 150,000 per year.

6( d) Estimating the Respondent Universe and Total Burden and Cost Universe. The proposed rule to add new data elements, change submission schedule due to accidents and emergency contact information is expected to affect 14,930 sources. A recent count on the number of sources that have submitted RMPs to EPA is 14,930 sources. This is a decrease in the universe from the previous ICR ( 1656.09) since few sources have de registered.

Total Burden and Cost. The total annual burden for rule familiarization, addition of new data elements, six month reporting requirement for accidents and one month reporting requirement for change in emergency contact information is 33,943 hours at a cost of $ 992,400.

6( e) Reasons for Change in Burden The proposed rule imposes some burden to the respondents ( 14,930 sources), due to the addition of new data elements, rule familiarization, six month reporting requirement for those sources that have accidents frequently and one month reporting requirement for those sources that have changes in their emergency contact information. There is an increase in the annualized burden of 33,943 hours at a cost of $ 992,400 to the previous approved burden.

6( g) Burden Statement The public reporting burden for rule familiarization is 2.0 hours for each source. For the addition of new data elements, EPA estimates that it will take 0.25 hours for each source. For those sources that have accidents that meet the five year accident history criteria which are required to update their RMP within six month of the date of the accident, the reporting burden is estimated to range from 3.0 hours for wholesale to 9.0 hours for large high chemical manufacturers. For those sources that may have changes in their emergency contact information, the reporting burden is estimated to be 0.10 hours for each source.

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.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. OAR 2003 0052, which is available for public viewing at the Air Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Air Docket is ( 202) 566 1742). An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. OAR 2003 0052 and OMB control number 2050 0144 in any correspondence.


[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Proposed Rules]
[Pages 32498-32501]
[FR Doc No: 2017-14592]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0694; Directorate Identifier 2017-NM-007-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Dassault Aviation Model FALCON 7X airplanes. This proposed AD
was prompted by a report indicating that fuselage panels were
manufactured with

defects that could reduce panel fatigue limits. This proposed AD would
require a one-time inspection of the affected panels and corrective
actions if necessary. We are proposing this AD to address the unsafe
condition on these products.

DATES: We must receive comments on this proposed AD by August 28, 2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Dassault
Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South
Hackensack, NJ 07606; telephone<PHONE_NUMBER>; Internet http://www.dassaultfalcon.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0694; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2017-0694;
Directorate Identifier 2017-NM-007-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2016-0250, dated December 15, 2016 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Dassault
Aviation Model FALCON 7X airplanes. The MCAI states:

    A few pockets of fuselage Section T5 lateral panels were
manufactured with defects in certain chemically-milled profiles. The
technical investigation concluded that the fatigue limit of the
affected panels might be reduced, depending on the defect
characteristics.
    This condition, if not detected and corrected, could lead to
crack propagation, possibly resulting in reduced structural
integrity of the fuselage.
    To address this potential unsafe condition, DA published Service
Bulletin (SB) F7X-042 providing inspection instructions.
    For the reasons described above, this [EASA] AD requires a one-
time [detailed] inspection of the chemically-milled profiles of the
pockets of the Section T5 fuselage lateral panels and, depending on
findings, accomplishment of applicable corrective action(s). This
[EASA] AD also requires, for some aeroplanes, the installation of a
stiffener on the forward pocket.

    Applicable corrective actions include repair, if necessary. You may
examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0694.

Related Service Information Under 1 CFR Part 51

    We reviewed Dassault Service Bulletin 7X-042, Revision 1, dated May
3, 2016. This service information describes the inspection of the
chemically milled profiles of the pockets of the Section T5 fuselage
lateral panels and the installation of a stiffener on the forward
pocket on affected airplanes. 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 This 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 the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Costs of Compliance

    We estimate that this proposed AD affects 4 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
            Action                  Labor cost       Parts cost       Cost per  product          operators
----------------------------------------------------------------------------------------------------------------
Panel inspections.............  Up to 10 work-                 $0  Up to $850............  Up to $3,400.
                                 hours x $85 per
                                 hour = $850.
Stiffener installation (up to   2 work-hours x              8,769  $8,939................  Up to $26,817.
 3 airplanes).                   $85 per hour =
                                 $170.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, all of the costs of this proposed AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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.
    We are 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

    We 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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 (AD):

Dassault Aviation: Docket No. FAA-2017-0694; Directorate Identifier
2017-NM-007-AD.

(a) Comments Due Date

    We must receive comments by August 28, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 7X airplanes,
certificated in any category, serial numbers (S/Ns) 2 through 19
inclusive, except S/Ns 3 and 8.

(d) Subject

    Air Transport Association (ATA) of America Code 51, Structure.

(e) Reason

    This AD was prompted by a report indicating that a few pockets
of fuselage Section T5 lateral panels were manufactured with defects
that could reduce the fatigue limit of the affected panels. We are
issuing this AD to detect and correct discrepancies of certain
fuselage lateral panels, which could lead to crack propagation and
possible reduced structural integrity of the fuselage.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection

    Within 99 months or 4,100 flight cycles, whichever occurs first,
after the effective date of this AD, do a detailed inspection to
measure the pocket depth of the Section T5 fuselage lateral panels,
in accordance with the Accomplishment Instructions of Dassault
Service Bulletin 7X-042, Revision 1, dated May 3, 2016.

(h) Repair

    During the inspection required by paragraph (g) of this AD, if
any discrepancy is found, as defined in Accomplishment Instructions
of Dassault Service Bulletin 7X-042, Revision 1, dated May 3, 2016,
before further flight, contact the FAA, the European Aviation Safety
Agency (EASA), or Dassault Aviation's EASA Design Organization
Approval (DOA) for approved repair instructions, and, within the
compliance time specified in those instructions, accomplish the
repair accordingly.

(i) Installation

    For airplanes having S/Ns 16, 17, and 19: Within 99 months or
4,100 flight cycles, whichever occurs first, after the effective
date of this AD, install a stiffener on the forward pocket of
Section T5 fuselage lateral panels, in accordance with the
Accomplishment Instructions of Dassault Service Bulletin 7X-042,
Revision 1, dated May 3, 2016.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (g) and (i) of this AD, if those actions were performed
before the effective date of this AD using Dassault Service Bulletin
7X-042, dated January 3, 2011.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
International Branch, send it to the attention of the person
identified in paragraph (l)(2) of this AD. Information may be
emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA;
or Dassault Aviation's EASA DOA. If approved by the DOA, the
approval must include the DOA-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2016-0250, dated December 15,
2016, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2017-0694.
    (2) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000,
South Hackensack, NJ 07606; telephone<PHONE_NUMBER>; Internet http://www.dassaultfalcon.com. You may view this service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Renton, Washington, on June 29, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-14592 Filed 7-13-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: February 4, 2009 (Volume 74, Number 22)]
[Rules and Regulations]
[Page 5983-5984]
[DOCID:fr04fe09-2]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-1191]
RIN 1625-AA09

Drawbridge Operation Regulation; Upper Mississippi River,
Dubuque, IA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, Eighth Coast Guard District, has issued a
temporary deviation from the regulation governing the operations of the
Illinois Central Railroad Drawbridge across the Upper Mississippi
River, mile 579.9, at Dubuque, Iowa. The deviation is necessary to
allow time for conducting needed maintenance and repairs to the bridge.
This deviation allows the bridge to open on signal if at least 24 hours
advance notice is given.

DATES: This deviation is effective from 12:01 a.m., January 15, 2009
until 8 a.m., March 1, 2009.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-1191 and are available online
at www.regulations.gov. They are also available for inspection or
copying at two locations: The Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and the Robert A.
Young Federal Building, Room 2.107f, 1222 Spruce Street, St. Louis, MO
63103-2832, between 8 a.m. and 4 p.m., Monday through Friday, except
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Roger K. Wiebusch, Bridge
Administrator,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Canadian National Railway Company
requested a temporary deviation for the Illinois Central Railroad
Drawbridge, across the Upper Mississippi River, Mile 579.9, at Dubuque,
Iowa to open on signal if at least 24 hours advance notice is given to
facilitate critical bridge repair and annual maintenance. The Illinois
Central Railroad Drawbridge currently operates in accordance with 33
CFR 117.5, which states the general requirement that drawbridges shall
open promptly and fully for the passage of vessels when a request to
open is given in accordance with the subpart. In order to facilitate
the needed bridge work, the drawbridge must be kept in the closed-to-
navigation position. This deviation allows the bridge to open on signal
if at least 24 hours advance notice is given from 12:01 a.m., January
15, 2009 until 8 a.m., March 1, 2009.
    Navigation on the waterway consists primarily of commercial tows
and recreational watercraft and will not be significantly impacted due
to the reduced navigation in winter months. Winter conditions on the
Upper Mississippi River will preclude any significant navigation
demands for the drawspan opening.
    The Illinois Central Railroad Drawbridge navigation span has a
vertical clearance of 19.9 feet above normal pool in the closed to
navigation position. Performing maintenance on the bridge and pier
protection during the winter, when the number of vessels likely to be
impacted is minimal, is preferred to the bridge closure or advance
notification requirements during the navigation season. This temporary
change to the drawbridge's operation has been coordinated with the
commercial waterway operators.
    There are no alternate routes for vessels transiting this section
of the Upper Mississippi River.

    This temporary deviation has been coordinated with waterway users.
No objections were received.

    Dated: January 7, 2009.
Roger K. Wiebusch,
Bridge Administrator, Eighth Coast Guard District (dwb).
[FR Doc. E9-2349 Filed 2-3-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register: March 27, 2008 (Volume 73, Number 60)]
[Rules and Regulations]
[Page 16203-16205]
[DOCID:fr27mr08-4]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-0AR-2007-1176; A-1-FRL-8546-9]

Approval and Promulgation of Air Quality Implementation Plans;
Rhode Island; Diesel Anti-Idling Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The EPA is approving a State Implementation Plan (SIP)
revision submitted on November 29, 2007 by the State of Rhode Island.
This SIP revision includes a regulation that prohibits the unnecessary
idling of diesel engines and vehicles in Rhode Island. The regulation
sets limits for the amount of time and under what conditions diesel
engines may idle. EPA is approving the rule because the standards and
requirements set by the rule will strengthen the Rhode Island SIP. The
intended effect of this action is to approve this rule into the Rhode
Island SIP. EPA is approving this rule pursuant to the Clean Air Act.

DATES: This direct final rule will be effective May 27, 2008, unless
EPA receives adverse comments by April 28, 2008. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
rule in the Federal Register informing the public that the rule will
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-0AR-2007-1176 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``Docket Identification Number EPA-R01-0AR-2007-1176,''
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100 (mail code CAQ),
Boston, MA 02114-2023, or
    5. Hand Delivery or Courier: Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
One Congress Street, 11th floor, (CAQ), Boston, MA 02114-2023. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-0AR-
2007-1176. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://
www.regulations.gov, or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov website is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.govindex. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy at Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
One Congress Street, Suite 1100, Boston, MA. EPA requests that if at
all possible, you contact the contact listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding legal holidays.
    In addition, copies of the state submittal and EPA's technical
support document (TSD) are also available for public inspection during
normal business hours, by appointment at the State Air Agency; Office
of Air Resources, Department of Environmental Management, 235 Promenade
Street, Providence, RI 02908-5767.

FOR FURTHER INFORMATION CONTACT: Robert C. Judge, Office of Ecosystem
Protection, EPA New England, One Congress Street, Suite 1100 (CAQ),
Boston, MA 02114-2023;<PHONE_NUMBER> (phone);<PHONE_NUMBER> (fax); e-mail
at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble.

I. What Action Is EPA Taking?
II. What are the Requirements of Rhode Island's Regulation Number
45?
III. Why is EPA Approving Rhode Island's Rule?
IV. Final Action
V. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is approving Rhode Island's Regulation Number 45, ``Rhode
Island Diesel Engine Anti-Idling Program,'' and incorporating this rule
into the Rhode Island SIP.
    Regulation Number 45 was adopted by the State of Rhode Island
following the passage of a State law prescribing that such a rule be
adopted to minimize the adverse health effects of unnecessary idling.
The regulation was effective in the State of Rhode Island on July 19,
2007, and on November 29, 2007, the State submitted this rule to EPA as
a SIP revision.

II. What Are the Requirements of Rhode Island's Regulation Number 45?

    Pursuant to Regulation Number 45, with specified exceptions, diesel
motor vehicles may not idle for longer than 5 minutes in any 60 minute
period (per section 45.3), and nonroad engines may not idle
unnecessarily (per section 45.4). Exceptions to these requirements are
specified in section 45.5 of the rule and include: temperature based
exemptions for excessively hot or cold days; allowances for vehicle
repair; vehicle inspections; emergency vehicles in emergency
operations; vehicles which are stuck in traffic; and the use of sleeper
berths during federally mandated rest periods. The TSD prepared for
this action includes more detail on these exemptions, or the regulation
itself can be reviewed for details on how these exemptions apply.
    Per section 45.2 of this rule, this rule applies ``to any person,
entity, owner or operator with control over the operations of diesel
engines.'' Persons violating this rule may be fined under State law in
accordance with penalty provisions of State law, as described in
section 45.6 of the regulation. This rule was adopted pursuant to Rhode
Island General Laws Section 31-16.1-2, and applies throughout the
entire State of Rhode Island.

III. Why Is EPA Approving Rhode Island's Rule?

    Rhode Island's Regulation Number 45 will result in emission
reductions of volatile organic compounds, nitrogen oxides, carbon
monoxide, and fine particulate matter. The approval of this rule will
strengthen the Rhode Island SIP and assist the state in meeting and
maintaining compliance with air quality standards, including the
standard for ground level ozone.
    Rhode Island's Regulation Number 45 is generally consistent with
EPA's ``Model State Idling Law'' (EPA420-S-06-001, April 2006). This
model rule was developed with input from the States and industry to
address idling issues in a consistent and understandable manner from
state to state, to aid in compliance.

IV. Final Action

    EPA is approving Rhode Island's Air Pollution Control Regulation
Number 45, entitled ``Rhode Island Diesel Engine Anti-Idling Program,''
and incorporating this rule into the Rhode Island SIP. The rule is
intended to eliminate unnecessary idling from diesel motor vehicle
engines and non-road diesel engines in Rhode Island. This rule is being
approved because EPA has found that the rule will help prevent
emissions of volatile organic compounds, nitrogen oxides, carbon
monoxide, and fine particles and will strengthen the Rhode Island SIP.
    The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective May 27,
2008 without further notice unless the Agency receives relevant adverse
comments by April 28, 2008.
    If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on May 27, 2008 and no further action will be
taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
    This rule also does not have tribal implications because it will
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, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects 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, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999), because it merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it approves a state rule
implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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 rule and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General
of the United States prior to publication of the rule in the Federal
Register. A major rule cannot take effect until 60 days after it is
published in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 27, 2008. Interested
parties should comment in response to the proposed rule rather than
petition for judicial review, unless the objection arises after the
comment period allowed for in the proposal. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: March 14, 2008.
Robert W. Varney,
Regional Administrator, EPA New England.

0
Part 52 of chapter I, title 40 of the Code of Federal Regulations 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 OO--Rhode Island

0
2. In Sec.  52.2070 (c), the table entitled ``EPA Approved Rhode Island
Regulations,'' is amended by adding a new entry, ``Air Pollution
Control Regulation Number 45'' in numerical order to read as follows:

Sec.  52.2070  Identification of plan.

* * * * *
    (c) EPA approved regulations.

                                      EPA Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
         State citation            Title/subject     State effective date   EPA approval date     Explanations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Air Pollution Control            Rhode Island       July 19, 2007.........  March 27, 2008;    Limits idling for
 Regulation Number 45.            Diesel Engine                              [Insert Federal    diesel on-
                                  Anti-Idling                                Register page      highway and non-
                                  Program.                                   number where the   road engines.
                                                                             document begins].

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

[FR Doc. E8-6183 Filed 3-26-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 32 (Wednesday, February 16, 2011)]
[Notices]
[Pages 9007-9008]
[FR Doc No: 2011-3453]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC11-41-000.
    Applicants: Varde Partners, L.P., Varde Management, L.P., Varde
Management International, L.P., Granite Ridge Energy, LLC.
    Description: Application of Granite Ridge Energy, LLC et al. for
Order Authorizing Disposition of Jurisdictional Facilities Under
Section 203 of the FPA and Request for Waivers and Expedited Action.
    Filed Date: 02/08/2011.
    Accession Number: 20110208-5031.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 01, 2011.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG11-53-000.
    Applicants: Avenal Park LLC.
    Description: Avenal Park LLC Notice of Self-Certification as an
Exempt Wholesale Generator.
    Filed Date: 02/08/2011.
    Accession Number: 20110208-5086.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 01, 2011.

    Docket Numbers: EG11-54-000.
    Applicants: Sand Drag LLC.
    Description: Sand Drag LLC Notice of Self Certification as an
Exempt Wholesale Generator Request.
    Filed Date: 02/08/2011.
    Accession Number: 20110208-5087.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 01, 2011.

    Docket Numbers: EG11-55-000.
    Applicants: Sun City Project LLC.
    Description: Sun City Project LLC's Notice of Self Certification of
Exempt Wholesale Generator Request.
    Filed Date: 02/08/2011.
    Accession Number: 20110208-5089.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 01, 2011.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER98-2259-007.
    Applicants: LSP Energy Limited Partnership.
    Description: Notice of Change in Status of LSP Energy Limited
Partnership.
    Filed Date: 02/07/2011.
    Accession Number: 20110207-5129.
    Comment Date: 5 p.m. Eastern Time on Monday, February 28, 2011.

    Docket Numbers: ER08-1111-008; ER08-1225-010; ER08-1226-007.
    Applicants: Cloud County Wind Farm, LLC, Pioneer Prairie Wind Farm
I, LLC, Arlington Wind Power Project LLC.
    Description: Supplement to Notice of Non-Material Change in Status
of Arlington Wind Power Project LLC, et al.
    Filed Date: 02/07/2011.
    Accession Number: 20110207-5134.
    Comment Date: 5 p.m. Eastern Time on Monday, February 28, 2011.

    Docket Numbers: ER10-1151-003.
    Applicants: AmerenEnergy Resources Generating Company.
    Description: AmerenEnergy Resources Generating Company submits
tariff filing per 35: Baseline Compliance Filing Schedule 3 Sections 3,
4 and 5 to be effective 5/3/2010.
    Filed Date: 02/08/2011.
    Accession Number: 20110208-5094.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 01, 2011.

    Docket Numbers: ER10-1786-001.
    Applicants: Credit Suisse Energy, LLC.
    Description: Notice of Non-Material Change in Status of Credit
Suisse Energy LLC.
    Filed Date: 02/07/2011.
    Accession Number: 20110207-5128.
    Comment Date: 5 p.m. Eastern Time on Monday, February 28, 2011.

    Docket Numbers: ER10-1809-002.
    Applicants: RED-Scotia, LLC.
    Description: Notification of Change in Facts Under Market-Based
Rate Authority of RED-Scotia, LLC.
    Filed Date: 02/04/2011.
    Accession Number: 20110204-5154.
    Comment Date: 5 p.m. Eastern Time on Friday, February 25, 2011.

    Docket Numbers: ER11-2410-001.
    Applicants: Hinson Power Company, LLC.
    Description: Hinson Power Company, LLC submits tariff filing per
35: Compliance filing to request for Category 1 seller status to be
effective 12/21/2010.
    Filed Date: 01/20/2011.
    Accession Number: 20110120-5103.
    Comment Date: 5 p.m. Eastern Time on Thursday, February 10, 2011.

    Docket Numbers: ER11-2568-001.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.17(b): Resubmission of Amended LGIA Mountain View IV
Project to be effective 2/28/2011.
    Filed Date: 02/08/2011.
    Accession Number: 20110208-5045.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 01, 2011.

    Docket Numbers: ER11-2598-001; ER11-2607-001; ER11-2612-001.
    Applicants: Sempra Energy Trading LLC, MxEnergy Electric Inc.,
Gateway Energy Services Corporation.
    Description: Supplemental to Notice of Category 1 Seller Status of
Sempra Energy Trading LLC, et al.
    Filed Date: 02/04/2011.
    Accession Number: 20110204-5138.
    Comment Date: 5 p.m. Eastern Time on Friday, February 25, 2011.

    Docket Numbers: ER11-2735-001.
    Applicants: Censtar Energy Corp.
    Description: Censtar Energy Corp. submits tariff filing per 35:
Compliance filing for MBR Baseline to be effective 3/28/2011.
    Filed Date: 02/08/2011.
    Accession Number: 20110208-5061.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 01, 2011.

    Docket Numbers: ER11-2754-001.
    Applicants: AP Gas & Electric (TX), LLC.
    Description: AP Gas & Electric (TX), LLC submits tariff filing per
35.17(b): Amendment to Petition to be effective 2/25/2011.
    Filed Date: 02/08/2011.
    Accession Number: 20110208-5059.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 01, 2011.

    Docket Numbers: ER11-2845-000.

    Applicants: Puget Sound Energy, Inc.
    Description: Puget Sound Energy, Inc. submits tariff filing per 35:
Operational Support Program Agreement 02082011 to be effective 2/8/
2011.
    Filed Date: 02/08/2011.
    Accession Number: 20110208-5000.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 01, 2011.

    Docket Numbers: ER11-2845-000.
    Applicants: Puget Sound Energy, Inc.
    Description: Puget Sound Energy, Inc. submits tariff filing per 35:
Operational Support Program Agreement 02082011 to be effective 2/8/
2011.
    Filed Date: 02/08/2011.
    Accession Number: 20110208-5000.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 01, 2011.

    Docket Numbers: ER11-2846-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.
    Description: ISO New England Inc. submits tariff filing per
35.13(a)(2)(iii: Timing of Monthly Inv. for Non-Hourly Chges to be
effective 5/1/2011.
    Filed Date: 02/08/2011.
    Accession Number: 20110208-5011.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 01, 2011.

    Docket Numbers: ER11-2847-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.13(a)(2)(iii: Letter Agreement for Solar Partners' DPT1
Network Upgrades to be effective 11/18/2010.
    Filed Date: 02/08/2011.
    Accession Number: 20110208-5062.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 01, 2011.

    Docket Numbers: ER11-2848-000.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company submits tariff filing
per 35.13(a)(2)(iii: Amendment to Service Agreement No. 174 to be
effective 11/19/2010.
    Filed Date: 02/08/2011.
    Accession Number: 20110208-5063.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 01, 2011.

    Docket Numbers: ER11-2849-000.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Company of New Mexico submits tariff
filing per 35.12: PNM SA No. 365 Gestamp PtP Transmission Service to be
effective 1/12/2011.
    Filed Date: 02/08/2011.
    Accession Number: 20110208-5079.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 01, 2011.

    Docket Numbers: ER11-2850-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii: WMPA No. 2719, Queue No. V3-005, SEP and JCP&L to be
effective 1/11/2011.
    Filed Date: 02/08/2011.
    Accession Number: 20110208-5091.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 01, 2011.

    Docket Numbers: ER11-2851-000.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Company of New Mexico submits tariff
filing per 35.12: OATT Service Agreement No. 366 to be effective 1/12/
2011.
    Filed Date: 02/08/2011.
    Accession Number: 20110208-5105.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 01, 2011.

    Docket Numbers: ER11-2852-000.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Company of New Mexico submits tariff
filing per 35.12: OATT Service Agreement No. 367 to be effective 1/12/
2011.
    Filed Date: 02/08/2011.
    Accession Number: 20110208-5115.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 01, 2011.

    Docket Numbers: ER11-2853-000.
    Applicants: Public Service Company of Colorado.
    Description: Public Service Company of Colorado submits tariff
filing per 35.13(a)(1): 20110208--PSCoWholesaleRateCase to be effective
4/10/2011.
    Filed Date: 02/08/2011.
    Accession Number: 20110208-5134.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 01, 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 385.211 and
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>.

    Dated: February 8, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-3453 Filed 2-15-11; 8:45 am]
BILLING CODE 6717-01-P