[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)]
[Proposed Rules]
[Pages 40827-40834]
[FR Doc No: 2016-14894]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0824; FRL-9948-22-Region 5]

Air Plan Approval; Ohio; Infrastructure SIP Requirements for the
2012 PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve elements of the state implementation plan (SIP) submission from
Ohio regarding the infrastructure requirements of section 110 of the
Clean Air Act (CAA) for the 2012 fine particulate matter
(PM2.5) National Ambient Air Quality Standards (NAAQS). The
infrastructure requirements are designed to ensure that the structural
components of each state's air quality management program are adequate
to meet the state's responsibilities under the CAA.

DATES: Comments must be received on or before July 25, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0824 at http://www.regulations.gov or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the Web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Joseph Ko, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), 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 of this SIP submission?
II. What guidance is EPA using to evaluate this SIP submission?
III. What is the result of EPA's review of this SIP submission?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. What is the background of this SIP submission?

A. What state SIP submission does this rulemaking address?

    This rulemaking addresses a submission from the Ohio Environmental
Protection Agency (OEPA), describing its infrastructure SIP for the
2012 PM2.5 NAAQS, dated December 4, 2015.

B. Why did the state make this SIP submission?

    Under sections 110(a)(1) and (2) of the CAA, states are required to
submit infrastructure SIPs to ensure that their SIPs provide for
implementation, maintenance, and enforcement of the NAAQS, including
the 2012 PM2.5 NAAQS. These submissions must contain any
revisions needed for meeting the applicable SIP requirements of section
110(a)(2), or certifications that their existing SIPs for the NAAQS
already meet those requirements.
    EPA highlighted this statutory requirement in an October 2, 2007,
guidance document entitled ``Guidance on SIP Elements Required Under
Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and
PM2.5 National Ambient Air Quality Standards'' (2007 Memo)
and has issued additional guidance documents, the most recent on
September 13, 2013, ``Guidance on Infrastructure State Implementation
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and (2)''
(2013 Memo). The SIP submission referenced in this rulemaking pertains
to the applicable requirements of section 110(a)(1) and (2), and
addresses the 2012 PM2.5 NAAQS. To the extent that the
prevention of significant deterioration (PSD) program is non-NAAQS
specific, a narrow evaluation of other NAAQS will be included in the
appropriate sections.

C. What is the scope of this rulemaking?

    EPA is acting upon the SIP submission from OEPA that addresses the
infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) for
the 2012 PM2.5 NAAQS. The requirement for states to make a
SIP submission of this type arises out of CAA section 110(a)(1).
Pursuant to section 110(a)(1), states must make SIP submissions
``within 3 years (or such shorter period as the Administrator may
prescribe) after the promulgation of a national primary ambient air
quality standard (or any revision thereof),'' and these SIP submissions
are to provide for the ``implementation, maintenance, and enforcement''
of such NAAQS. The statute directly imposes on states the duty to make
these SIP submissions, and the requirement to make the submissions is
not conditioned upon EPA's taking any action other than promulgating a
new or revised NAAQS. Section 110(a)(2) includes a list of specific
elements that ``[e]ach such plan'' submission must address.
    EPA has historically referred to these SIP submissions made for the
purpose of satisfying the requirements of CAA sections 110(a)(1) and
110(a)(2) as ``infrastructure SIP'' submissions. Although the term
``infrastructure SIP'' does not appear in the CAA, EPA uses the term to
distinguish this particular type of SIP submission from submissions
that are intended to satisfy other SIP requirements under the CAA, such
as ``nonattainment SIP'' or ``attainment plan SIP'' submissions to
address the nonattainment planning requirements of part D of title I of
the CAA, ``regional haze SIP'' submissions required by EPA rule to
address the visibility protection requirements of CAA section 169A, and
nonattainment new source review (NNSR) permit program submissions to
address the permit requirements of CAA, title I, part D.
    This rulemaking will not cover four substantive areas that are not
integral to acting on a state's infrastructure SIP submission: (i)
Existing provisions related to excess emissions during periods of
start-up, shutdown, or malfunction at sources, that may be contrary to
the CAA and EPA's policies addressing such excess emissions (``SSM'');
(ii) existing provisions related to ``director's variance'' or
``director's discretion'' that purport to permit revisions to SIP-
approved emissions limits with limited public process or without
requiring further approval by EPA, that may be contrary to the CAA
(``director's discretion''); (iii) existing provisions for PSD programs
that may be inconsistent with current requirements of EPA's ``Final New
Source Review (NSR) Improvement Rule,'' 67 FR 80186 (December 31,
2002), as amended by 72 FR 32526 (June 13, 2007) (``NSR Reform''); and
(iv) transport provisions under section 110(a)(2)(D). Instead, EPA has
the authority to, and plans to, address each one of these substantive
areas in separate rulemakings. A detailed history and interpretation of
infrastructure SIP requirements can be found in EPA's May 13, 2014,
proposed rule entitled, ``Infrastructure SIP Requirements for the 2008
Lead NAAQS'' in the section, ``What is the scope of this rulemaking?''
(see 79 FR 27241 at 27242-27245).

II. What guidance is EPA using to evaluate this SIP submission?

    EPA's guidance for this infrastructure SIP submission is embodied
in the 2007 Memo. Specifically, attachment A of the 2007 Memo (Required
Section 110 SIP Elements) identifies the statutory elements that states
need to submit in order to satisfy the requirements for an
infrastructure SIP submission. EPA issued additional guidance
documents, the most recent being the 2013 Memo, which further clarifies
aspects of infrastructure SIPs that are not NAAQS specific.

III. What is the result of EPA's review of this SIP submission?

    As noted in the 2013 Memo, pursuant to section 110(a), states must
provide reasonable notice and opportunity for public hearing for all
infrastructure SIP submissions. OEPA provided the opportunity for
public comment for its 2012 PM2.5 NAAQS infrastructure SIP
submission during a public hearing held on November 23, 2015. The state
did not receive any comments during the comment period. EPA is
soliciting comment on our evaluation of the state's infrastructure SIP
submission in this notice of proposed rulemaking. OEPA provided
detailed synopses of how its SIP submission meets each of the
requirements in section 110(a)(2) for the 2012 PM2.5 NAAQS,
as applicable. The following review evaluates the state's submission.

A. Section 110(a)(2)(A)--Emission Limits and Other Control Measures

    This section requires SIPs to include enforceable emission limits
and other control measures, means or techniques, schedules for
compliance, and other related matters. EPA has long interpreted
emission limits and control measures for attaining the standards as
being due when nonattainment planning requirements are due.\1\ In the
context of an infrastructure SIP, EPA is

not evaluating whether the existing SIP provisions satisfy
nonattainment planning requirements. Instead, EPA is only evaluating
whether the state's SIP has basic structural provisions for the
implementation of the NAAQS.
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    \1\ See, e.g., EPA's final rule on ``National Ambient Air
Quality Standards for Lead.'' 73 FR 66964 at 67034.
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    Ohio Revised Code (ORC) 3704.03 provides the Director of Ohio EPA
with the authority to develop rules and regulations necessary to meet
state and Federal ambient air quality standards. Ohio regulates
directly emitted particulate matter through the rules in SIP-approved
Ohio Administrative Code (OAC) Chapter 3745-17. Ohio also has SIP-
approved rules regulating emissions of specific precursors to
PM2.5. For example, OAC 3745-14 provides for the direct
regulation of nitrogen oxides (NOX) emissions, and OAC 3745-
18 provides for the direct regulation of sulfur dioxide
(SO2) emissions. EPA proposes that Ohio has met the
infrastructure SIP requirements of section 110(a)(2)(A) with respect to
the 2012 PM2.5 NAAQS.
    As previously noted, EPA is not, in this action, proposing to
approve or disapprove any existing state provisions or rules related to
SSM or director's discretion in the context of section 110(a)(2)(A).

B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data System

    This section requires SIPs to include provisions to provide for
establishing and operating ambient air quality monitors, collecting and
analyzing ambient air quality data, and making these data available to
EPA upon request. EPA determines that Ohio: (i) Monitors air quality at
appropriate locations throughout the state using EPA-approved Federal
Reference Methods or Federal Equivalent Method monitors; (ii) submits
data to EPA's Air Quality System (AQS) in a timely manner; and, (iii)
provides EPA Regional Offices with prior notification of any planned
changes to monitoring sites or the network plan.
    OEPA continues to operate an air monitoring network. EPA approved
Ohio's 2015-2016 Annual Air Monitoring Network Plan, including the plan
for PM2.5. OEPA enters air monitoring data into AQS, and the
state provides EPA with prior notification when changes to its
monitoring sites or network plan are being considered. EPA proposes to
find that Ohio has met the infrastructure SIP requirements of section
110(a)(2)(B) with respect to the 2012 PM2.5 NAAQS.

C. Section 110(a)(2)(C)--Program for Enforcement of Control Measures;
PSD

    States are required to include a program providing for enforcement
of all SIP measures and the regulation of construction of new or
modified stationary sources to meet NSR requirements under PSD and NNSR
programs. Part C of the CAA (sections 160-169B) addresses PSD, while
part D of the CAA (sections 171-193) addresses NNSR requirements.
    The evaluation of each state's submission addressing the
infrastructure SIP requirements of section 110(a)(2)(C) covers: (i)
Enforcement of SIP measures; (ii) PSD provisions that explicitly
identify NOX as a precursor to ozone in the PSD program;
(iii) identification of precursors to PM2.5 and accounting
for condensables in the PSD program; (iv) PM2.5 increments
in the PSD program; and, (v) greenhouse gas (GHG) permitting and the
``Tailoring Rule.'' \2\
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    \2\ In EPA's April 28, 2011, proposed rulemaking for
infrastructure SIPS for the 1997 ozone and PM2.5 NAAQS,
we stated that each state's PSD program must meet applicable
requirements for evaluation of all regulated NSR pollutants in PSD
permits (see 76 FR 23757 at 23760). This view was reiterated in
EPA's August 2, 2012, proposed rulemaking for infrastructure SIPs
for the 2006 PM2.5 NAAQS (see 77 FR 45992 at 45998). In
other words, if a state lacks provisions needed to adequately
address NOX as a precursor to ozone, PM2.5
precursors, condensable particulate matter, PM2.5
increments, or the Federal GHG permitting thresholds, the provisions
of section 110(a)(2)(C) requiring a suitable PSD permitting program
must be considered not to be met irrespective of the NAAQS that
triggered the requirement to submit an infrastructure SIP, including
the 2010 NO2 NAAQS.
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Sub-Element (i): Enforcement of SIP Measures
    Ohio EPA maintains an enforcement program to ensure compliance with
SIP requirements. ORC 3704.03(R) provides the Director with the
authority to enforce rules ``consistent with the purpose of the air
pollution control laws.'' SIP-approved ORC 3704.03 provides the
Director with the authority to continue to implement Ohio's minor NSR
and major source PSD program. EPA proposes that Ohio has met the SIP
enforcement requirements of section 110(a)(2)(C) with respect to the
2012 PM2.5 NAAQS.
Sub-Element (ii): PSD Provisions That Explicitly Identify
NOX as a Precursor to Ozone in the PSD Program
    EPA's ``Final Rule to Implement the 8-Hour Ozone National Ambient
Air Quality Standard--Phase 2; Final Rule to Implement Certain Aspects
of the 1990 Amendments Relating to New Source Review and Prevention of
Significant Deterioration as They Apply in Carbon Monoxide, Particulate
Matter, and Ozone NAAQS; Final Rule for Reformulated Gasoline'' (Phase
2 Rule) was published on November 29, 2005 (see 70 FR 71612). Among
other requirements, the Phase 2 Rule obligated states to revise their
PSD programs to explicitly identify NOX as a precursor to
ozone (70 FR 71612 at 71679, 71699-71700).
    The Phase 2 Rule required that states submit SIP revisions
incorporating the requirements of the rule, including the specification
of NOX as a precursor to ozone provisions, by June 15, 2007
(70 FR 71612 at 71683).
    EPA approved revisions to Ohio's PSD SIP reflecting these
requirements on October 28, 2014 (79 FR 64119), and therefore, Ohio has
met this set of infrastructure SIP requirements of section 110(a)(2)(C)
with respect to the 2012 PM2.5 NAAQS.
Sub-Element (iii): Identification of Precursors to PM2.5 and
Accounting for Condensables in the PSD Program
    On May 16, 2008 (see 73 FR 28321), EPA issued the Final Rule on the
``Implementation of the New Source Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers (PM2.5)'' (2008 NSR Rule).
The 2008 NSR Rule finalized several new requirements for SIPs to
address sources that emit direct PM2.5 and other pollutants
that contribute to secondary PM2.5 formation. One of these
requirements is for NSR permits to address pollutants responsible for
the secondary formation of PM2.5, otherwise known as
precursors. In the 2008 NSR Rule, EPA identified precursors to
PM2.5 for the PSD program to be SO2 and
NOX (unless the state demonstrates to the Administrator's
satisfaction or EPA demonstrates that NOX emissions in an
area are not a significant contributor to that area's ambient
PM2.5 concentrations). The 2008 NSR Rule also specifies that
VOCs are not considered to be precursors to PM2.5 in the PSD
program unless the state demonstrates to the Administrator's
satisfaction or EPA demonstrates that emissions of VOCs in an area are
significant contributors to that area's ambient PM2.5
concentrations.
    The explicit references to SO2, NOX, and VOCs
as they pertain to secondary PM2.5 formation are codified at
40 CFR 51.166(b)(49)(i)(b) and 40 CFR 52.21(b)(50)(i)(b). As part of
identifying pollutants that are precursors to PM2.5, the
2008 NSR Rule also required states to revise the definition of
``significant'' as it relates to a net emissions increase or the
potential of a source to emit pollutants. Specifically, 40 CFR

51.166(b)(23)(i) and 40 CFR 52.21(b)(23)(i) define ``significant'' for
PM2.5 to mean the following emissions rates: 10 tpy of
direct PM2.5; 40 tpy of SO2; and 40 tpy of
NOX (unless the state demonstrates to the Administrator's
satisfaction or EPA demonstrates that NOX emissions in an
area are not a significant contributor to that area's ambient
PM2.5 concentrations). The deadline for states to submit SIP
revisions to their PSD programs incorporating these changes was May 16,
2011 (see 73 FR 28321 at 28341).\3\
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    \3\ EPA notes that on January 4, 2013, the U.S. Court of Appeals
for the D.C. Circuit, in Natural Resources Defense Council v. EPA,
706 F.3d 428 (D.C. Cir.), held that EPA should have issued the 2008
NSR Rule in accordance with the CAA's requirements for
PM10 nonattainment areas (Title I, Part D, subpart 4),
and not the general requirements for nonattainment areas under
subpart 1 (Natural Resources Defense Council v. EPA, No. 08-1250).
As the subpart 4 provisions apply only to nonattainment areas, EPA
does not consider the portions of the 2008 rule that address
requirements for PM2.5 attainment and unclassifiable
areas to be affected by the court's opinion. Moreover, EPA does not
anticipate the need to revise any PSD requirements promulgated by
the 2008 NSR rule in order to comply with the court's decision.
Accordingly, EPA's approval of Ohio's infrastructure SIP as to
elements (C), (D)(i)(II), or (J) with respect to the PSD
requirements promulgated by the 2008 implementation rule does not
conflict with the court's opinion. The Court's decision with respect
to the nonattainment NSR requirements promulgated by the 2008
implementation rule also does not affect EPA's action on the present
infrastructure action. EPA interprets the CAA to exclude
nonattainment area requirements, including requirements associated
with a nonattainment NSR program, from infrastructure SIP
submissions due three years after adoption or revision of a NAAQS.
Instead, these elements are typically referred to as nonattainment
SIP or attainment plan elements, which would be due by the dates
statutorily prescribed under subpart 2 through 5 under part D,
extending as far as 10 years following designations for some
elements.
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    The 2008 NSR Rule did not require states to immediately account for
gases that could condense to form particulate matter, known as
condensables, in PM2.5 and PM10 emission limits
in NSR permits. Instead, EPA determined that states had to account for
condensables in applicability determinations and in establishing
emissions limitations for PM2.5 and PM10 in PSD
permits beginning on or after January 1, 2011. This requirement is
codified in 40 CFR 51.166(b)(49)(i)(a) and 40 CFR 52.21(b)(50)(i)(a).
Revisions to states' PSD programs incorporating the inclusion of
condensables were required to be submitted to EPA by May 16, 2011 (see
73 FR 28321 at 28341).
    EPA approved revisions to Ohio's PSD SIP reflecting these
requirements on October 28, 2014 (79 FR 64119), and therefore Ohio has
met this set of infrastructure SIP requirements of section 110(a)(2)(C)
with respect to the 2012 PM2.5 NAAQS.
Sub-Element (iv): PM2.5 Increments in the PSD Program
    On October 20, 2010, EPA issued the final rule on the ``Prevention
of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5
Micrometers (PM2.5)--Increments, Significant Impact Levels
(SILs) and Significant Monitoring Concentration (SMC)'' (2010 NSR
Rule). This rule established several components for making PSD
permitting determinations for PM2.5, including a system of
``increments'' which is the mechanism used to estimate significant
deterioration of ambient air quality for a pollutant. These increments
are codified in 40 CFR 51.166(c) and 40 CFR 52.21(c), and are included
in Table 1 below.

Table 1--PM2.5 Increments Established by the 2010 NSR Rule in Micrograms
                             per Cubic Meter
------------------------------------------------------------------------
                                                   Annual
                                                 arithmetic  24-Hour max
                                                    mean
------------------------------------------------------------------------
Class I.......................................            1            2
Class II......................................            4            9
Class III.....................................            8           18
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    The 2010 NSR Rule also established a new ``major source baseline
date'' for PM2.5 as October 20, 2010, and a new trigger date
for PM2.5 as October 20, 2011. These revisions are codified
in 40 CFR 51.166(b)(14)(i)(c) and (b)(14)(ii)(c), and 40 CFR
52.21(b)(14)(i)(c) and (b)(14)(ii)(c). Lastly, the 2010 NSR Rule
revised the definition of ``baseline area'' to include a level of
significance of 0.3 micrograms per cubic meter, annual average, for
PM2.5. This change is codified in 40 CFR 51.166(b)(15)(i)
and 40 CFR 52.21(b)(15)(i).
    On October 28, 2014 (79 FR 64119), EPA finalized approval of the
applicable PSD revisions for Ohio, therefore Ohio has met this set of
infrastructure SIP requirements of section 110(a)(2)(C) with respect to
the 2012 PM2.5 NAAQS.
Sub-Element (v): GHG Permitting and the ``Tailoring Rule''
    With respect to Elements C and J, EPA interprets the CAA to require
each state to make an infrastructure SIP submission for a new or
revised NAAQS that demonstrates that the air agency has a complete PSD
permitting program meeting the current requirements for all regulated
NSR pollutants. The requirements of Element D(i)(II) may also be
satisfied by demonstrating the air agency has a complete PSD permitting
program correctly addressing all regulated NSR pollutants. Ohio has
shown that it currently has a PSD program in place that covers all
regulated NSR pollutants, including GHGs.
    On June 23, 2014, the United States Supreme Court issued a decision
addressing the application of PSD permitting requirements to GHG
emissions. Utility Air Regulatory Group v. Environmental Protection
Agency, 134 S.Ct. 2427. The Supreme Court said that EPA may not treat
GHGs as an air pollutant for purposes of determining whether a source
is a major source required to obtain a PSD permit. The Court also found
that EPA could continue to require that PSD permits, otherwise required
based on emissions of pollutants other than GHGs, contain limitations
on GHG emissions based on the application of Best Available Control
Technology (BACT).
    In order to act consistently with its understanding of the Court's
decision pending further judicial action to effectuate the decision,
EPA is no longer applying EPA regulations that would require that SIPs
include permitting requirements that the Supreme Court found
impermissible. Specifically, EPA is not applying the requirement that a
state's SIP-approved PSD program require that sources obtain PSD
permits when GHGs are the only pollutant: (I) That the source emits or
has the potential to emit above the major source thresholds, or (ii)
for which there is a significant emissions increase from a modification
(see 40 CFR 51.166(b)(48)(v)).
    EPA will review the Federal PSD rules in light of the Supreme Court
opinion. In addition, EPA anticipates that many states will revise
their existing SIP-approved PSD programs in light of the Supreme
Court's decision. The timing and content of subsequent EPA actions with
respect to EPA regulations and state PSD program approvals are expected
to be informed by additional legal process before the United States
Court of Appeals for the District of Columbia Circuit. At this
juncture, EPA is not expecting states to have revised their PSD
programs for purposes of infrastructure SIP submissions and is only
evaluating such submissions to assure that the state's program
correctly addresses GHGs consistent with the Supreme Court's decision.
    At present, Ohio's SIP is sufficient to satisfy elements C,
D(i)(II), and J with respect to GHGs because the PSD permitting program
previously approved by EPA into the SIP continues to require that PSD
permits (otherwise required based on emissions of pollutants other than
GHGs) contain

limitations on GHG emissions based on the application of BACT. Although
the approved Ohio PSD permitting program may currently contain
provisions that are no longer necessary in light of the Supreme Court
decision, this does not render the infrastructure SIP submission
inadequate to satisfy elements C, (D)(i)(II), and J. The SIP contains
the necessary PSD requirements at this time, and the application of
those requirements is not impeded by the presence of other previously-
approved provisions regarding the permitting of sources of GHGs that
EPA does not consider necessary at this time in light of the Supreme
Court decision.
    For the purposes of the 2012 PM2.5 NAAQS infrastructure
SIPs, EPA reiterates that NSR reform regulations are not within the
scope of these actions. Therefore, we are not taking action on existing
NSR reform regulations for Ohio. EPA approved Ohio's minor NSR program
on January 22, 2003 (68 FR 2909), and since that date, OEPA and EPA
have relied on the existing minor NSR program to ensure that new and
modified sources not captured by the major NSR permitting programs do
not interfere with attainment and maintenance of the 2012
PM2.5 NAAQS.
    Certain sub-elements in this section overlap with elements of
section 110(a)(2)(D)(i) and section 110(a)(2)(J). These links will be
discussed in the appropriate areas below.

D. Section 110(a)(2)(D)--Interstate Transport

    Section 110(a)(2)(D)(i)(I) requires SIPs to include provisions
prohibiting any source or other type of emissions activity in one state
from contributing significantly to nonattainment, or interfering with
maintenance, of the NAAQS in another state. EPA is not taking action on
this infrastructure element in regards to the 2012 PM2.5
NAAQS and will do so in a future rulemaking.
    Section 110(a)(2)(D)(i)(II) requires SIPs to include provisions
prohibiting any source or other type of emissions activity in one state
from interfering with measures required to prevent significant
deterioration of air quality or to protect visibility in another state.
    EPA notes that Ohio's satisfaction of the applicable PSD
requirements for the 2012 PM2.5 NAAQS has been detailed in
the section addressing section 110(a)(2)(C). EPA notes that the actions
in that section related to PSD are consistent with the actions related
to PSD for section 110(a)(2)(D)(i)(II), and they are reiterated below.
    EPA has previously approved revisions to Ohio's SIP that meet
certain requirements obligated by the Phase 2 Rule and the 2008 NSR
Rule. These revisions included provisions that: (1) Explicitly identify
NOX as a precursor to ozone, (2) explicitly identify
SO2 and NOX as precursors to PM2.5,
and (3) regulate condensable particulate matter in applicability
determinations and in establishing emissions limits. EPA has also
previously approved revisions to Ohio's SIP that incorporate the
PM2.5 increments and the associated implementation
regulations including the major source baseline date, trigger date, and
PM2.5 significance level per the 2010 NSR Rule. Ohio's SIP
contains provisions that adequately address the 2012 PM2.5
NAAQS.
    With regard to the applicable requirements for visibility
protection of section 110(a)(2)(D)(i)(II), states are subject to
visibility and regional haze program requirements under part C of the
CAA (which includes sections 169A and 169B). The 2013 Memo states that
these requirements can be satisfied by an approved SIP addressing
reasonably attributable visibility impairment, if required, or an
approved SIP addressing regional haze. In this rulemaking, EPA is not
proposing to approve or disapprove Ohio's satisfaction of the
visibility protection requirements of section 110(a)(2)(D)(i)(II) for
the 2010 NO2 or SO2 NAAQs. Instead, EPA will
evaluate Ohio's compliance with these requirements in a separate
rulemaking.\4\
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    \4\ Ohio does have an approved regional haze plan for non-EGUs.
Ohio's plan for EGUs relied on the Clean Air Interstate Rule that
has been recently superseded by the Cross State Air Pollution Rule
to which Ohio EGU sources are also subject.
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    Section 110(a)(2)(D)(ii) requires each SIP to contain adequate
provisions requiring compliance with the applicable requirements of
section 126 and section 115 (relating to interstate and international
pollution abatement, respectively).
    Section 126(a) requires new or modified sources to notify
neighboring states of potential impacts from the source. The statute
does not specify the method by which the source should provide the
notification. States with SIP-approved PSD programs must have a
provision requiring such notification by new or modified sources. A
lack of such a requirement in state rules would be grounds for
disapproval of this element.
    Ohio has provisions in its SIP-approved OAC Chapter 3745-31, which
is consistent with 40 CFR 51.166(q)(2)(iv), requiring new or modified
sources to notify neighboring states of potential negative air quality
impacts, and has referenced this program as having adequate provisions
to meet the requirements of section 126(a). EPA is proposing that Ohio
has met the infrastructure SIP requirements of section 126(a) with
respect to the 2012 PM2.5 NAAQS. Ohio does not have any
obligations under any other subsection of section 126, nor does it have
any pending obligations under section 115. EPA, therefore, is proposing
that Ohio has met all applicable infrastructure SIP requirements of
section 110(a)(2)(D)(ii).

E. Section 110(a)(2)(E)--Adequate Resources

    This section requires each state to provide for adequate personnel,
funding, and legal authority under state law to carry out its SIP, and
related issues. Section 110(a)(2)(E)(ii) also requires each state to
comply with the requirements respecting state boards under section 128.
Sub-Element (i) and (iii): Adequate Personnel, Funding, and Legal
Authority Under State Law To Carry Out Its SIP, and Related Issues
    At the time of its submission, OEPA included its most recent
biennial budget with its submittal, which details the funding sources
and program priorities addressing the required SIP programs. OEPA has
routinely demonstrated that it retains adequate personnel to administer
its air quality management program, and Ohio's environmental
performance partnership agreement with EPA documents certain funding
and personnel levels at OEPA. As discussed in previous sections, ORC
3704.03 provides the legal authority under state law to carry out the
SIP. EPA proposes that Ohio has met the infrastructure SIP requirements
of these portions of section 110(a)(2)(E) with respect to the 2012
PM2.5 NAAQS.
Sub-Element (ii): State Board Requirements Under Section 128 of the CAA
    Section 110(a)(2)(E) also requires each SIP to contain provisions
that comply with the state board requirements of section 128 of the
CAA. That provision contains two explicit requirements: (1) That any
board or body which approves permits or enforcement orders under this
chapter shall have at least a majority of members who represent the
public interest and do not derive any significant portion of their
income from persons subject to permits and enforcement orders under
this chapter, and (2) that any potential conflicts of interest by
members of such board or body or the head of an executive agency

with similar powers be adequately disclosed.
    OEPA does not have a board that has the authority to approve
enforcement orders or permitting actions as outlined in section
128(a)(1) of the CAA; instead, this authority rests with the Director
of OEPA. Therefore, section 128(a)(1) of the CAA is not applicable in
Ohio.
    Under section 128(a)(2), the head of the executive agency with the
power to approve enforcement orders or permits must adequately disclose
any potential conflicts of interest. In its June 7, 2013, submission,
OEPA notes that EPA has previously approved provisions into Ohio's SIP
addressing these requirements (see 46 FR 57490). Notably, ORC 102:
Public Officers--Ethics contains provisions that require the Director
of OEPA (and his/her delegate) to file an annual statement with the
ethics committee including potential conflicts of interest;
furthermore, this annual filing is subject to public inspection.
Therefore, EPA proposes that Ohio has met the applicable infrastructure
SIP requirements for this section of 110(a)(2)(E) for the 2012
PM2.5 NAAQS.

F. Section 110(a)(2)(F)--Stationary Source Monitoring System

    States must establish a system to monitor emissions from stationary
sources and submit periodic emissions reports. Each plan shall also
require the installation, maintenance, and replacement of equipment,
and the implementation of other necessary steps, by owners or operators
of stationary sources to monitor emissions from such sources. The state
plan shall also require periodic reports on the nature and amounts of
emissions and emissions-related data from such sources, and correlation
of such reports by each state agency with any emission limitations or
standards established pursuant to this chapter. Lastly, the reports
shall be available at reasonable times for public inspection.
    OEPA district offices and local air agencies are currently required
to witness 50% of all source testing and review 100% of all tests. EPA-
approved rules in OAC 3745-15 contain provisions for the submission of
emissions reports, and OAC 3745-77 and OAC 3745-31 provide requirements
for recordkeeping by sources. EPA recognizes that Ohio has routinely
submitted quality assured analyses and data for publication, and
therefore proposes that Ohio has met the infrastructure SIP
requirements of section 110(a)(2)(F) with respect to the 2012
PM2.5 NAAQS.

G. Section 110(a)(2)(G)--Emergency Powers

    This section requires that a plan provide for authority that is
analogous to what is provided in section 303 of the CAA, and adequate
contingency plans to implement such authority. The 2013 Memo states
that infrastructure SIP submissions should specify authority, vested in
an appropriate official, to restrain any source from causing or
contributing to emissions which present an imminent and substantial
endangerment to public health or welfare, or the environment.
    The regulations at OAC 3745-25 contain provisions which allow the
Director of OEPA to determine the conditions that comprise air
pollution alerts, warnings, and emergencies. Moreover, the rules
contained in OAC 3745-25 provide the requirement to implement emergency
action plans in the event of an air quality alert or higher. EPA
proposes that Ohio has met the applicable infrastructure SIP
requirements for this portion of section 110(a)(2)(G) with respect to
the 2012 PM2.5 NAAQS.

H. Section 110(a)(2)(H)--Future SIP Revisions

    This section requires states to have the authority to revise their
SIPs in response to changes in the NAAQS, availability of improved
methods for attaining the NAAQS, or to an EPA finding that the SIP is
substantially inadequate.
    As previously mentioned, ORC 3704.03 provides the Director of OEPA
with the authority to develop rules and regulations necessary to meet
ambient air quality standards in all areas in the state as
expeditiously as practicable, but not later than any deadlines
applicable under the CAA. ORC 3704.03 also provides the Director of
OEPA with the authority to develop programs for the prevention, and
abatement of air pollution. EPA proposes that Ohio has met the
infrastructure SIP requirements of section 110(a)(2)(H) with respect to
the 2012 PM2.5 NAAQS.

I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions
Under Part D

    The CAA requires that each plan or plan revision for an area
designated as a nonattainment area meet the applicable requirements of
part D of the CAA. Part D relates to nonattainment areas.
    EPA has determined that section 110(a)(2)(I) is not applicable to
the infrastructure SIP process. Instead, EPA takes action on part D
attainment plans through separate processes.

J. Section 110(a)(2)(J)--Consultation With Government Officials; Public
Notifications; PSD; Visibility Protection

    The evaluation of the submission from Ohio with respect to the
requirements of section 110(a)(2)(J) are described below.
Sub-Element (i): Consultation With Government Officials
    States must provide a process for consultation with local
governments and Federal Land Managers (FLMs) carrying out NAAQS
implementation requirements.
    OEPA actively participates in the regional planning efforts that
include both the state rule developers as well as representatives from
the FLMs and other affected stakeholders. The FLMs are also included in
OEPA's interested party lists which provide announcements of draft and
proposed rule packages. OAC 3745-31-06 is a SIP-approved rule which
requires notification and the availability of public participation
related to NSR actions; notification is provided to the general public,
executives of the city or county where the source is located, other
state or local air pollution control agencies, regional land use
planning agencies, and FLMs. OAC 3704.03(K) is a SIP-approved rule that
which requires giving reasonable public notice and conducting public
hearings on any plans for the prevention, control, and abatement of air
pollution that the Director of OEPA is required to submit to EPA.
Additionally, Ohio is an active member of the Lake Michigan Air
Director's Consortium (LADCO). Therefore, EPA proposes that Ohio has
met the infrastructure SIP requirements of this portion of section
110(a)(2)(J) with respect to the 2012 PM2.5 NAAQS.
Sub-Element (ii): Public Notification
    Section 110(a)(2)(J) also requires states to notify the public if
NAAQS are exceeded in an area and must enhance public awareness of
measures that can be taken to prevent exceedances.
    OEPA maintains portions of its Web site specifically for issues
related to the 2012 PM2.5 NAAQS.\5\ The information
contained in these pages includes background on the health effects of
each of these pollutants, the areas of most concern, and the strategies
that the state has been taking to address the elevated levels, if any,
of the pollutants. OEPA also actively populates EPA's AIRNOW program,
and prepares annual data reports from its complete monitoring network.
EPA proposes that Ohio has met the infrastructure SIP requirements

of this portion of section 110(a)(2)(J) with respect to the 2012
PM2.5 NAAQS.
---------------------------------------------------------------------------

    \5\ See http://www.epa.ohio.gov/dapc/sip/sip.aspx.
---------------------------------------------------------------------------

Sub-Element (iii): PSD
    States must meet applicable requirements of section 110(a)(2)(C)
related to PSD. Ohio's PSD program in the context of infrastructure
SIPs has already been discussed in the paragraphs addressing section
110(a)(2)(C) and 110(a)(2)(D)(i)(II), and EPA notes that the actions
for those sections are consistent with the actions for this portion of
section 110(a)(2)(J).
    Therefore, Ohio has met all of the infrastructure SIP requirements
for PSD associated with section 110(a)(2)(J) for the 2012
PM2.5 NAAQS.
Sub-Element (iv): Visibility Protection
    With regard to the applicable requirements for visibility
protection, states are subject to visibility and regional haze program
requirements under part C of the CAA (which includes sections 169A and
169B). In the event of the establishment of a new NAAQS, however, the
visibility and regional haze program requirements under part C do not
change. Thus, we find that there is no new visibility obligation
``triggered'' under section 110(a)(2)(J) when a new NAAQS becomes
effective. In other words, the visibility protection requirements of
section 110(a)(2)(J) are not germane to infrastructure SIP for the 2012
PM2.5 NAAQS.

K. Section 110(a)(2)(K)--Air Quality Modeling/Data

    SIPs must provide for performing air quality modeling for
predicting effects on air quality of emissions from any NAAQS pollutant
and submission of such data to EPA upon request.
    OEPA reviews the potential impact of major and some minor new
sources, consistent with appendix W of 40 CFR parts 51 and 52
``Guidelines on Air Quality Models,'' as well as OEPA Engineering Guide
69. These modeling data are available to EPA upon request. The
regulatory requirements related to PSD modeling can be found in SIP-
approved rule OAC 3745-31-18. Ohio's authority to require modeling
conducted by other entities, e.g., applicants, and the state's
authority to perform modeling for attainment demonstrations can be
found in SIP-approved ORC 3704.03(F). EPA proposes that Ohio has met
the infrastructure SIP requirements of section 110(a)(2)(K) with
respect to the 2012 PM2.5 NAAQS.

L. Section 110(a)(2)(L)--Permitting Fees

    This section requires SIPs to mandate each major stationary source
to pay permitting fees to cover the cost of reviewing, approving,
implementing, and enforcing a permit.
    OEPA implements and operates the title V permit program, which EPA
approved on August 15, 1995 (60 FR 42045); revisions to the program
were approved on November 20, 2003 (68 FR 65401). Additional rules that
contain the provisions, requirements, and structures associated with
the costs for reviewing, approving, implementing, and enforcing various
types of permits can be found in ORC 3745.11. EPA proposes that Ohio
has met the infrastructure SIP requirements of section 110(a)(2)(L) for
the 2012 PM2.5 NAAQS.

M. Section 110(a)(2)(M)--Consultation/Participation by Affected Local
Entities

    States must consult with and allow participation from local
political subdivisions affected by the SIP. OEPA follows approved
procedures for allowing public participation, consistent with OAC 3745-
47, which is part of the approved SIP. Consultation with local
governments is authorized through ORC 3704.03(B). OEPA provides a
public participation process for all stakeholders that includes a
minimum of a 30-day comment period and a public hearing for all SIP
related actions. EPA proposes that Ohio has met the infrastructure SIP
requirements of section 110(a)(2)(M) with respect to the 2012
PM2.5 NAAQS.

IV. What action is EPA taking?

    EPA is proposing to approve most elements of the submission from
OEPA certifying that its current SIP is sufficient to meet the required
infrastructure elements under sections 110(a)(1) and (2) for the 2012
PM2.5 NAAQS. EPA's proposed actions for the state's
satisfaction of infrastructure SIP requirements, by element of section
110(a)(2) are contained in the table below.

------------------------------------------------------------------------
                                                                  2012
                            Element                               PM2.5
------------------------------------------------------------------------
(A): Emission limits and other control measures...............        A
(B): Ambient air quality monitoring and data system...........        A
(C): Program for enforcement of control measures..............        A
(D)1: Interstate Transport--Significant contribution..........       NA
(D)2: Interstate Transport-interfere with maintenance.........       NA
(D)3: PSD.....................................................        A
(D)4: Visibility..............................................       NA
(D)5: Interstate and International Pollution Abatement........        A
(E): Adequate resources.......................................        A
(E): State boards.............................................        A
(F): Stationary source monitoring system......................        A
(G): Emergency power..........................................        A
(H): Future SIP revisions.....................................        A
(I): Nonattainment area plan or plan revisions under part D...        +
(J)1: Consultation with government officials..................        A
(J)2: Public notification.....................................        A
(J)3: PSD.....................................................        A
(J)4: Visibility protection...................................        +
(K): Air quality modeling and data............................        A
(L): Permitting fees..........................................        A
(M): Consultation and participation by affected local entities        A
------------------------------------------------------------------------

    In the above table, the key is as follows:

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

------------------------------------------------------------------------
A...............................  Approve.
NA..............................  No Action/Separate Rulemaking.
+...............................  Not germane to infrastructure SIPs.
------------------------------------------------------------------------

V. 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. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);

     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

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

    Dated: June 14, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2016-14894 Filed 6-22-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 52 (Monday, March 18, 2013)]
[Rules and Regulations]
[Pages 16606-16608]
[FR Doc No: 2013-05809]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30889; Amdt. No. 3524]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective March 18, 2013. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 18, 2013.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Availability--All SIAPs and Takeoff Minimums and ODPs are available
online free of charge. Visit http://www.nfdc.faa.gov to register.
Additionally, individual SIAP and Takeoff Minimums and ODP copies may
be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420), Flight Technologies and Programs
Divisions, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, part 97 (14 CFR part 97), by establishing,
amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPS.
The complete regulators description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, in addition
to their complex nature and the need for a special format make
publication in the Federal Register expensive and impractical.
Furthermore, airmen do not use the regulatory text of the SIAPs,
Takeoff Minimums or ODPs, but instead refer to their depiction on
charts printed by publishers of aeronautical materials. The advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP, Takeoff Minimums and ODP listed on
FAA forms is unnecessary. This amendment provides the affected CFR
sections and specifies the types of SIAPs and the effective dates of
the, associated Takeoff Minimums and ODPs. This amendment also
identifies the airport and its location, the procedure, and the
amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP and Takeoff Minimums
and ODP amendments may require making them effective in less than 30
days. For the remaining SIAPS and Takeoff Minimums and ODPS, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPS contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPS and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPS, Takeoff Minimums and
ODPs are impracticable and contrary to the public interest and, where
applicable, that good cause exists for making some SIAPs effective in
less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule '' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26,1979) ;
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (air).

    Issued in Washington, DC, on March 1, 2013.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0902 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 4 April 2013

Kansas City, MO, Kansas City Intl, RNAV (RNP) Z RWY 1L, Amdt 1A
Kansas City, MO, Kansas City Intl, RNAV (RNP) Z RWY 1R, Amdt 1A
Seattle, WA, Seattle-Tacoma Intl, RNAV (RNP) Z RWY 16C, Orig-A
Seattle, WA, Seattle-Tacoma Intl, RNAV (RNP) Z RWY 34L, Orig-A
Newcastle, WY, Mondell Field, RNAV (GPS) RWY 13, Orig-A
Newcastle, WY, Mondell Field, RNAV (GPS) RWY 31, Orig-A

Effective 2 May 2013

Dunnellon, FL, Marion County, VOR/DME RWY 23, Amdt 1B, CANCELED
Fort Lauderdale, FL, Fort Lauderdale/Hollywood Intl, ILS OR LOC RWY
10L, Amdt 22
Fort Lauderdale, FL, Fort Lauderdale/Hollywood Intl, ILS OR LOC RWY
28R, Amdt 10
Fort Lauderdale, FL, Fort Lauderdale/Hollywood Intl, VOR RWY 28R,
Amdt 13
Albany, GA, Southwest Georgia Rgnl, RNAV (GPS) RWY 34, Amdt 2
Camilla, GA, Camilla-Mitchell County, NDB RWY 8, Amdt 3
Camilla, GA, Camilla-Mitchell County, RNAV (GPS) RWY 8, Amdt 1
Camilla, GA, Camilla-Mitchell County, RNAV (GPS) RWY 26, Amdt 1
Savannah, GA, Savannah/Hilton Head Intl, RNAV (RNP) Y RWY 28, Amdt 1
Le Mars, IA, Le Mars Muni, RNAV (GPS) RWY 18, Amdt 1
Le Mars, IA, Le Mars Muni, RNAV (GPS) RWY 36, Amdt 1
Le Mars, IA, Le Mars Muni, Takeoff Minimums and Obstacle DP, Amdt 2
Le Mars, IA, Le Mars Muni, VOR/DME RWY 36, Amdt 4
Salem, IL, Salem-Leckrone, RNAV (GPS) RWY 18, Amdt 1
Salem, IL, Salem-Leckrone, RNAV (GPS) RWY 36, Amdt 1
St Jacob, IL, St Louis Metro-East/Shafer Field, RNAV (GPS)-A, Orig
St Jacob, IL, St Louis Metro-East/Shafer Field, VOR-A, Amdt 4
Frankfort, KY, Capital City, LOC RWY 25, Amdt 3
Frankfort, KY, Capital City, Takeoff Minimums and Obstacle DP, Amdt
3
Frankfort, KY, Capital City, VOR RWY 25, Amdt 3
Manistee, MI, Manistee CO.-Blacker, ILS OR LOC RWY 27, Amdt 1
Manistee, MI, Manistee CO.-Blacker, RNAV (GPS) RWY 9, Orig
Manistee, MI, Manistee CO.-Blacker, RNAV (GPS) RWY 27, Orig
Manistee, MI, Manistee CO.-Blacker, VOR RWY 9, Amdt 1
Manistee, MI, Manistee CO.-Blacker, VOR RWY 27, Amdt 1
Marshall, MI, Brooks Field, RNAV (GPS) RWY 28, Orig
Marshall, MI, Brooks Field, Takeoff Minimums and Obstacle DP, Orig
Marshall, MI, Brooks Field, VOR/DME-A, Orig
Marshall, MI, Brooks Field, VOR OR GPS RWY 28, Amdt 14, CANCELED
Glenwood, MN, Glenwood Muni, RNAV (GPS) RWY 15, Orig
Glenwood, MN, Glenwood Muni, RNAV (GPS) RWY 33, Amdt 1
Willmar, MN, Willmar Muni-John L Rice Field, RNAV (GPS) RWY 31, Amdt
1
Charlotte, NC, Charlotte/Douglas Intl, Takeoff Minimums and Obstacle
DP, Amdt 6
Trenton, NJ, Trenton Mercer, Takeoff Minimums and Obstacle DP, Amdt
5
Saratoga Springs, NY, Saratoga County, Takeoff Minimums and Obstacle
DP, Amdt 4
Portland, OR, Portland Intl, LOC/DME RWY 21, Amdt 8B
Portland, OR, Portland Intl, VOR RWY 28R, Amdt 3, CANCELED
Portland, OR, Portland Intl, VOR/DME RWY 21, Amdt 1, CANCELED
Houston, TX, Weiser Air Park, NDB-F, Orig, CANCELED
Houston, TX, Weiser Air Park, RNAV (GPS)-G, Amdt 1, CANCELED
Houston, TX, Weiser Air Park, Takeoff Minimums and Obstacle DP, Amdt
2, CANCELED
Suffolk, VA, Suffolk Executive, LOC RWY 4, Amdt 4
Suffolk, VA, Suffolk Executive, RNAV (GPS) RWY 4, Amdt 3
Suffolk, VA, Suffolk Executive, RNAV (GPS) RWY 22, Amdt 1
Suffolk, VA, Suffolk Executive, RNAV (GPS) RWY 25, Amdt 1
Suffolk, VA, Suffolk Executive, Takeoff Minimums and Obstacle DP,
Amdt 5
Ellensburg, WA, Bowers Field, RNAV (GPS)-C, Orig
Tacoma, WA, Tacoma Narrows, NDB RWY 35, Amdt 8
Cody, WY, Yellowstone Rgnl, GPS-B, Orig, CANCELED
Cody, WY, Yellowstone Rgnl, RNAV (GPS)-B, Orig
Cody, WY, Yellowstone Rgnl, VOR-A, Amdt 8

[FR Doc. 2013-05809 Filed 3-15-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: January 20, 2010 (Volume 75, Number 12)]
[Rules and Regulations]
[Page 3144-3147]
[DOCID:fr20ja10-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27346; Directorate Identifier 2008-NM-205-AD;
Amendment 39-16176; AD 2010-02-06]
RIN 2120-AA64

Airworthiness Directives; Sicma Aero Seat 90xx and 92xx Series
Passenger Seats, Installed on, But Not Limited to ATR--GIE Avions de
Transport R[eacute]gional Model ATR42 Airplanes and Model ATR72
Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This 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:

    Cracks have been found in central spreaders P/N [part number]
92-000100-200-1 or P/N 92-000101-200-1. This may heavily affect the
structural integrity of the seat.

Failure of the central spreaders could result in injury to an occupant
during emergency conditions. We are issuing this AD to require actions
to correct the unsafe condition on these products.

DATES: This AD becomes effective February 24, 2010.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 24,
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Jeffrey Lee, Aerospace Engineer,
Boston Aircraft Certification Office, FAA, Engine and Propeller
Directorate, 12 New England Executive Park, Burlington, Massachusetts
01803; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on April 6, 2007 (72 FR
17045). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    Cracks have been found in central spreaders P/N [part number]
92-000100-200-1 or P/N 92-000101-200-1. This may heavily affect the
structural integrity of the seat.

Failure of the central spreaders could result in injury to an occupant
during emergency conditions. The required actions include repetitive
visual inspections for cracking of central spreaders; replacement with
new central spreaders if cracking is found; and eventual installation
of doublers. You may obtain further information by examining the MCAI
in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Request To Change Costs of Compliance Section

    Sicma Aero Seat (Sicma) states that the Costs of Compliance section
of the NPRM reflects that many of the seats were addressed due to the
MCAI issued in 2002 (reference Direction G[eacute]n[eacute]rale de
l'Aviation Civile Airworthiness Directive 2002-504 (AB), effective
October 12, 2002). Sicma also states that there were a low number of
ATR Model ATR42 and ATR72 airplanes with Sicma seats operating in the
United States at that time. Sicma notes that the NPRM gives an
incorrect impression of the extent of the issue. In addition, Airbus
states that it is surprised by the figures in the Costs of Compliance
section of the NPRM. Airbus notes that the quantity of seats specified
in the NPRM represent 10 airplanes and that Sicma provided 1,029 kits
for doing Sicma Aero Seat Service Bulletin 92-25-005, Issue 3, dated
January 17, 2003 (an equivalent of eight airplanes).
    We infer that the commenters request we change the Costs of
Compliance section. We agree to change the Costs of Compliance section
of this AD. We reevaluated the number of seats in the U.S. fleet that
may be affected and reduced our initial estimate of 3,283 seat
assemblies specified in the NPRM to 1,403 seat assemblies. We have
modified the Costs of Compliance section in this AD accordingly to
accurately represent the current number of affected airplanes on the
U.S. registry.

Request To Include Previous Issues of Service Bulletins as Alternative
Methods of Compliance

    Airbus requests that we include previous versions of Sicma Aero
Seat Service Bulletin 92-25-005, Issue 3, dated January 17, 2003, as
alternative methods of compliance to this AD. Airbus notes that the
changes to the original issue of Sicma Aero Seat Service Bulletin 92-
25-005, dated July 17, 2002, have been to add an appendix that lists
part numbers, add the estimated time for installation of the kit, and
add details of the installation of the kit for each of the types of the
kits.
    We partially agree. In addition to the changes described by the
commenter, Issue 1 of Sicma Aero Seat Service Bulletin 92-25-005, dated
August 29, 2002, made changes to the description of the appropriate
actions in Part One of the Accomplishment Instructions of the service
bulletin. The findings and corresponding corrective actions specified
in Sicma Aero Seat Service Bulletins 92-25-005, dated July 17, 2002,
are different than those described in Issue 1 and subsequent issues of
the service bulletin. Therefore, only Issue 1 and Issue 2 are
acceptable additional methods of compliance for the actions required by
this AD. We have added paragraph (f)(3) of this AD to give credit for
actions done in accordance with Sicma Aero Seat Service Bulletins 92-
25-005, Issue 1, dated August 29, 2002; and Issue 2, dated October 29,
2002.

Request To Clarify the Applicability

    Airbus also requests that we clarify the applicability of the NPRM.
Airbus notes that the seats listed in the appendix (annex) of Sicma
Aero Seat Service Bulletin 92-25-005, Issue 3, dated January 17, 2003,
concern ATR Model ATR42 and ATR72 airplanes and not Airbus airplanes.
    We agree to clarify the applicability. The applicability of the
NPRM specified 90xx and 92xx series passenger seats but did not limit
the seats to those specified in Sicma Aero Seat Service Bulletin 92-25-
005, Issue 3, dated January 17, 2003. We have limited the applicability
of this AD by specifying 90xx and 92xx series seat part numbers as
listed in Sicma Aero Seat Service Bulletin 92-25-005, Issue 3, dated
January 17, 2003, including Annex 1, dated July 17, 2002.
    We have also revised this AD to identify the correct legal name of
the manufacturer of Model ATR42 and ATR72 airplanes as published in the
most recent type certificate data sheet for the affected airplane
models.

Compliance Time Change

    We have replaced the compliance time ``before March 31, 2010'' for
the installation specified in paragraph (e)(3) of the NPRM with
``Within 24 months after the effective date of this AD'' in paragraph
(f)(2) of this AD (which corresponds to paragraph (e)(3) of the NPRM).
We have also revised Note 2 of this AD to refer to the new compliance
time. In developing an appropriate compliance time, we considered the
safety implications and the normal maintenance schedules for timely
accomplishment of the installation. We have determined that extending
the compliance time will not adversely affect safety.

Clarification of Terminating Action

    We have revised the sentence requiring repetitive inspections in
paragraph (f)(1) of this AD by adding the phrase ``until a new central
spreader, P/N 92-000100-200-1 or P/N 92-000101-200-1, and doublers, P/N
00-6536, are installed in accordance with `Part Three: Central Spreader
Replacement' of the service bulletin.'' Installation of the central
spreader and doublers terminates the repetitive inspections. We have
also revised the wording in paragraph (f)(2) of this AD to clarify the
terminating action.

Change to Directorate Identifier Number

    The Engine and Propeller Directorate issued the NPRM for this AD
and assigned Directorate Identifier 2007-NE-07-AD to the NPRM. Because
the final rule is being issued by the Transport Airplane Directorate,
we have re-assigned Directorate Identifier 2008-NM-205-AD to this AD
and revised the directorate identifier references in the AD
accordingly.

New Subject Paragraph and Note

    We have added the Air Transport Association (ATA) of America Code
identifying the subject of this AD to new paragraph (d) of this AD and
revised the subsequent paragraph identifiers accordingly. We have also
added Note 1 to this AD to clarify that when certain conditions exist,
it is necessary to request approval of an alternative method of
compliance.

Revision to Reason, FAA Difference, and Other FAA AD Provisions
Paragraphs

    To match the template specified in FAA Order 8040.5, we have added
the phrase ``The mandatory continuing airworthiness information (MCAI)
states'' before the quoted material in paragraph (e) of this AD,
removed paragraph (f) of the NPRM, and added Note 2 to this AD. Note 2
of this AD includes the same information as paragraph (f) of the NPRM.
We have also added paragraphs (g)(2) and (g)(3) to this AD.

Changes to Other Paragraphs in the NPRM

    We have moved the text specified in paragraph (e)(2) of the NPRM
into paragraph (f)(1) of this AD, and we have reidentified paragraph
(e)(3) of the NPRM as paragraph (f)(2) of this AD. We have also made
minor editorial changes to paragraphs (f)(1), (f)(1)(i), (f)(1)(ii),
and (f)(1)(iii) of this AD.

Changes to Service Bulletin References

    We have revised the service bulletin references in paragraphs
(f)(1), (f)(1)(i), (f)(1)(ii), (f)(1)(iii), and (f)(2) of this AD to
specify where each action is described in the relevant service
bulletin.

Clarification of Compliance Time

    We have added the phrase ``before further flight'' to paragraph
(f)(1)(iii) of this AD to clarify the compliance time for doing the
temporary repair and for doing the installation after removing the
temporary repair.
    We have also added the phrase ``after accomplishing the
inspection'' to paragraph (f)(1)(i) of this AD to clarify the
compliance time for doing the check specified in paragraph (f)(1)(i) of
this AD.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 1,403 seat assemblies on 105
airplanes of U.S. registry. We also estimate that it will take about 6
work-hours per seat assembly to comply with the basic requirements of
this AD. The average labor rate is $80 per work-hour. Required parts
will cost about $207 per seat assembly. Where the service information
lists required parts costs that are covered under warranty, we have
assumed that there will be no charge for these parts. As we do not
control warranty coverage for affected parties, some parties may incur
costs higher than estimated here. Based on these figures, we estimate
the cost of this AD to the U.S. operators to be $963,861, or $687 per
seat assembly.

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 AD will not have federalism implications
under Executive Order 13132. This AD will 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 AD:
    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); 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.

    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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 AD:

2010-02-06 Sicma Aero Seat: Amendment 39-16176. Docket No. FAA-2007-
27346; Directorate Identifier 2008-NM-205-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February
24, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Sicma Aero Seat 90xx and 92xx series
passenger seats with part numbers (P/Ns) listed in Annex 1, dated
July 17, 2002, of Sicma Aero Seat Service Bulletin 92-25-005, Issue
3, dated January 17, 2003. These products are installed on, but not
limited to, ATR--GIE Avions de Transport R[eacute]gional Model
ATR42-200, -300, -320, and -500 airplanes, and Model ATR72-101, -
201, -102, -202, -211, -212, and -212A airplanes; certificated in
any category.

    Note 1:  This AD applies to certain Sicma Aero Seat passenger
seats as installed on any airplane, regardless of whether the
airplane has been otherwise modified, altered, or repaired in the
area subject to the requirements of this AD. For airplanes that have
been modified, altered, or repaired so that the performance of the
requirements of this AD is affected, the owner/operator must request
approval for an alternative method of compliance according to
paragraph (g) of this AD. The request should include an assessment
of the effect of the modification, alteration, or repair on the
unsafe condition addressed by this AD; and, if the unsafe condition
has not been eliminated, the request should include specific
proposed actions to address it.

Subject

    (d) Air Transport Association (ATA) of America Code 25:
Equipment/Furnishings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    Cracks have been found in central spreaders P/N 92-000100-200-1
or P/N 92-000101-200-1. This may heavily affect the structural
integrity of the seat.
    Failure of the central spreaders could result in injury to an
occupant during emergency conditions.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 500 flight hours after the effective date of this AD,
perform a visual inspection of central spreaders, P/N 92-000100-200-
1 and P/N 92-000101-200-1, of the affected seats using the
Accomplishment Instructions, ``Part One: Checking Procedure,'' of
Sicma Aero Seat Service Bulletin 92-25-005, Issue 3, dated January
17, 2003 (``the service bulletin''). If no crack is found, repeat
this inspection at intervals not exceeding 500 flight hours until a
new central spreader, P/N 92-000100-200-1 or P/N 92-000101-200-1,
and doublers, P/N 00-6536, are installed in accordance with ``Part
Three: Central Spreader Replacement'' of the service bulletin. Type
1, 2, and 3 cracks are defined in the Accomplishment Instructions,
``Part One: Checking Procedure,'' of the service bulletin.
    (i) If a type 1 crack is found, within 6 months or 500 flight
hours after accomplishing the inspection, whichever comes first,
check the crack to determine that it did not enlarge to a type 2 or
type 3 crack by using the Accomplishment Instructions, ``Part One:
Checking Procedure,'' of the service bulletin; install doublers, P/N
00-6536, by using the Accomplishment Instructions, ``Part Two:
Central Spreader Modification,'' of the service bulletin, and record
this modification by using ``B--Seat identification'' of the
Accomplishment Instructions, ``Part One: Checking Procedure,'' of
the service bulletin.
    (ii) If a type 2 or 3 crack is found, before further flight,
replace the affected central spreader with a new one with the same
part number, equipped with doublers, P/N 00-6536, by using the
Accomplishment Instructions, ``Part Three: Central Spreader
Replacement,'' of the service bulletin.
    (iii) If a new spreader is unavailable, before further flight,
do a temporary repair by installing doublers, P/N 00-6536, by using
the Accomplishment Instructions, ``Part Two: Central Spreader
Modification,'' of the service bulletin. This temporary repair may
remain in place no longer than 500 flight hours or six months,
whichever comes first. After removing the temporary repair, before
further flight, install a new spreader with the same P/N equipped
with doublers, P/N 00-6536, by using the Accomplishment
Instructions, ``Part Three: Central Spreader Replacement,'' of the
service bulletin, and record this modification by following the
instructions in ``B--Seat identification'' of the Accomplishment
Instructions, ``Part Three: Central Spreader Replacement,'' of the
service bulletin.
    (2) If not already done, within 24 months after the effective
date of this AD, install doublers, P/N 00-6536, on new central
spreaders of affected seats by using the Accomplishment
Instructions, ``Part Three: Central Spreader Replacement,'' of Sicma
Aero Seat Service Bulletin 92-25-005, Issue 3, dated January 17,
2003 (``the service bulletin''). Record this modification by
following instructions in ``B--Seat identification'' of the
Accomplishment Instructions, ``Part Three: Central Spreader
Replacement,'' of the service bulletin. Installing a new central
spreader P/N 92-000100-200-1 or 92-000101-200-1, and doublers, P/N
00-6536 on all affected seats terminates the requirements of this
AD.
    (3) Actions accomplished before the effective date of this AD in
accordance with Sicma Aero Seat Service Bulletin 92-25-005, Issue 1,
dated August 29, 2002; and Issue 2, dated October 29, 2002; are
considered acceptable for compliance with the corresponding actions
specified in this AD.

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service
information as follows: The Direction G[eacute]n[eacute]rale de
l'Aviation Civile (DGAC) airworthiness directive 2002-504(AB),
effective October 12, 2002, specifies that doublers, P/N 00-6536, be
installed on central spreaders of affected seats by December 31,
2005. This AD requires the doublers to be installed within 24 months
after the effective date of this AD.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Boston Aircraft Certification Office, 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: Jeffrey Lee, Aerospace
Engineer, Boston Aircraft Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
Massachusetts 01803; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective

actions are considered FAA-approved if they are approved by the
State of Design Authority (or their delegated agent). You are
required to assure the product is airworthy before it is returned to
service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI DGAC Airworthiness Directive 2002-504(AB),
effective October 12, 2002; and Sicma Aero Seat Service Bulletin 92-
25-005, Issue 3, dated January 17, 2003, including Annex 1, dated
July 17, 2002; for related information.
    (i) Contact Jeffrey Lee, Aerospace Engineer, Boston Aircraft
Certification Office, FAA, Engine and Propeller Directorate; 12 New
England Executive Park, Burlington, MA 01803; telephone 781-238-
7161; fax<PHONE_NUMBER>, for more information about this AD.

Material Incorporated by Reference

    (j) You must use Sicma Aero Seat Service Bulletin 92-25-005,
Issue 3, dated January 17, 2003, including Annex 1, dated July 17,
2002, to do the actions required by this AD, unless the AD specifies
otherwise. The Sicma Aero Seat service bulletin contains the
following effective pages:

------------------------------------------------------------------------
                     Issue level shown on
     Page No.                page                Date shown on page
------------------------------------------------------------------------
1-30..............  3....................  January 17, 2003.
------------------------------------------------------------------------
                                ;ANNEX 1
------------------------------------------------------------------------
;1-3..............  Original.............  July 17, 2002.
------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact Sicma
Aero Seat, 7 Rue Lucien Coupet, 36100 Issoudun, France; telephone
+33 (0) 2 54 03 39 39; fax +33 (0) 2 54 03 15 16; e-mail:
<EMAIL_ADDRESS>Internet http://
www.sicma.zodiac.com/en/.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on January 8, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-701 Filed 1-19-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 85 (Friday, May 2, 2014)]
[Notices]
[Pages 25172-25173]
[FR Doc No: 2014-10120]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Medical
Standards and Certification

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The information collected is used to determine if
applicants are medically qualified to perform the duties associated
with the class of airman medical certificate sought. The Federal
Register Notice with a 60-day comment period soliciting comments on the
following collection of information was published on February 11, 2014,
vol. 79, no. 28, page 8233. FAA received one comment from the Equal
Employment Opportunity Commission regarding Form 8500-14, noting that
when used in the employment context, line 5 of the form, which asks
whether the applicant has a family history of glaucoma, poses a
conflict with the requirements of Title II of the Genetic Information
Nondiscrimination Act of 2008. FAA will be considering this comment in
an upcoming update to this form.

DATES: Written comments should be submitted by June 2, 2014.

FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0034
    Title: Medical Standards and Certification

    Form Numbers: FAA forms 8500-7, 8500-8, 8500-14.
    Type of Review: Renewal of an information collection.
    Background: Airman medical certification program is implemented by
Title 14 Code of Federal Regulations (CFR) parts 61 and 67 (14 CFR
parts 61 and 67). Using three forms to collect information, the Federal
Aviation Administration (FAA) determines if applicants are medically
qualified to perform the duties associated with the class of airman
medical certificate sought.
    Respondents: Approximately 414,300 applicants for airman medical
certificates.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 1.5 hours.
    Estimated Total Annual Burden: 598,950 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 April 28, 2014.
Albert R. Spence,
FAA Assistant Information Collection Clearance Officer, IT Enterprises
Business Services Division, ASP-110.
[FR Doc. 2014-10120 Filed 5-1-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 12, 2008 (Volume 73, Number 178)]
[Notices]
[Page 53072]
[DOCID:fr12se08-125]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

 [NHTSA Docket No. NHTSA-2008-0147]

National Emergency Medical Services Advisory Council (NEMSAC);
Notice of Federal Advisory Committee Meeting

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

SUMMARY: The NHTSA announces a meeting of NEMSAC to be held in the
Metropolitan Washington, DC area. This notice announces the date, time
and location of the meeting, which will be open to the public. The
purpose of NEMSAC is to provide a nationally recognized council of
emergency medical services representatives and consumers to provide
advice and recommendations regarding Emergency Medical Services (EMS)
to the U.S. DOT's NHTSA.

DATES: The meeting will be held on October 2, 2008, from 1 p.m. to 5
p.m. and October 3, 2008, from 8 a.m. to 11 a.m. A public comment
period will take place on October 3, 2008, between 10 a.m. and 10:30
a.m.
    Comment Date: Written comments or requests to make oral
presentations must be received by September 25, 2008.

ADDRESSES: The meeting will be held at the Marriott Crystal City at
Reagan National Airport, 1999 Jefferson Davis Highway, Arlington, VA
22202. Persons wishing to make an oral presentation or who are unable
to attend or speak at the meeting may submit written comments. Written
comments and requests to make oral presentations at the meeting should
reach Drew Dawson at the address listed below and must be received by
September 25, 2008. All submissions received must include the docket
number, NHTSA-2008-0147 and may be submitted by any one of the
following methods: You may submit or retrieve comments online through
the Document Management System (DMS) at http://www.regulations.gov/
under the docket number listed at the beginning of this notice. The DMS
is available 24 hours each day, 365 days each year. Electronic
submission and retrieval help guidelines are available under the help
section of the Web site.
    An electronic copy of this document may be downloaded from the
Federal Register's home page at http://www.archives.gov and the
Government Printing Office's database at http://www.access.gpo.gov/
nara.
    Please note that even after the comment closing date, we will
continue to file relevant information in the docket as it becomes
available.
    E-mail<EMAIL_ADDRESS>or<EMAIL_ADDRESS>    Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Drew Dawson, Director, Office of
Emergency Medical Services, National Highway Traffic Safety
Administration, 1200 New Jersey Avenue, SE., NTI-140, Washington, DC
20590, Telephone number<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act (FACA), Public Law 92-463, as amended (5
U.S.C. App. 1 et seq.) The NEMSAC will be holding its third meeting on
Thursday and Friday, October 2 and 3, 2008, at the Marriott Crystal
City at Reagan National Airport, 1999 Jefferson Davis Highway,
Arlington, VA 22202.

 Agenda of Council Meeting, October 2-3, 2008

    The tentative agenda includes the following:

Thursday, October 2, 2008

    (1) Opening Remarks;
    (2) Introduction of Members and all in attendance;
    (3) Review and Approval of Minutes of last meeting;
    (4) Committee Reports and Discussion of Recommendations.

Friday, October 3, 2008

    (1) Welcome and Introductions;
    (2) Unfinished Business from October 2nd;
    (3) Federal Interagency Committee on Emergency Medical Services
Report;
    (4) Report on ``From Evidence to EMS Practice'' Conference;
    (5) Public comment period;
    (6) Next steps and future meetings.
    A public comment period will take place on October 3, 2008, between
10 a.m. and 10:30 a.m.
    Public Attendance: The meeting is open to the public. Persons with
disabilities who require special assistance should advise Drew Dawson
of their anticipated special needs as early as possible. Members of the
public who wish to make comments on Friday, October 3 between 10 a.m.
and 10:30 a.m. are requested to register in advance. In order to allow
as many people as possible to speak, speakers are requested to limit
their remarks to 3 minutes. For those wishing to submit written
comments, please follow the procedure noted above.
    This meeting will be open to the public. Individuals wishing to
register must provide their name, affiliation, phone number, and e-mail
address to Drew Dawson by e-mail at<EMAIL_ADDRESS>or by telephone
at<PHONE_NUMBER> no later than September 25, 2008. There will be
limited seating, so please register early. Pre-registration is
necessary to enable proper arrangements.
    Minutes of the NEMSAC Meeting will be available to the public
online through the DOT Document Management System (DMS) at: http://
www.regulations.gov under the docket number listed at the beginning of
this notice.

    Issued on: September 5, 2008.
Jeffrey P. Michael,
Acting Associate Administrator for Research and Program Development.
[FR Doc. E8-20970 Filed 9-11-08; 8:45 am]

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