subpart including, but not limited to, any emission limitation
(including any operating limit), or work practice standard;
    (2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart, and that is
included in the operating permit for any affected source required to
obtain such a permit; or
    (3) Before [DATE 181 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE
IN THE Federal Register], fails to meet any emission limitation
(including any operating limit) or work practice standard in this
subpart during startup, shutdown, or malfunction, regardless of whether
or not such failure is permitted by this subpart. On and after [DATE
181

DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register],
this paragraph no longer applies.
* * * * *
    Sealant applicator means the equipment that uses open pan-type
application (e.g., a roller partially submerged in an open pan of
sealant) to apply a sealant strip to a roofing product. The sealant
strip is used to seal overlapping pieces of roofing product after they
have been applied.
* * * * *
0
18. Table 1 to Subpart LLLLL of Part 63 is amended by revising row 1
and footnote b to read as follows:

        Table 1 to Subpart LLLLL of Part 63--Emission Limitations
------------------------------------------------------------------------
                                           You must meet the following
                 For--                        emission limitation--
------------------------------------------------------------------------
1. Each blowing still, Group 1 asphalt   a. Reduce total hydrocarbon
 loading rack, and Group 1 asphalt        mass emissions by 95 percent,
 storage tank at existing, new, and       or to a concentration of 20
 reconstructed asphalt processing         ppmv, on a dry basis corrected
 facilities; and each Group 1 asphalt     to 3 percent oxygen;
 storage tank at existing, new, and      b. Route the emissions to a
 reconstructed asphalt roofing            combustion device achieving a
 manufacturing lines; and each coating    combustion efficiency of 99.5
 mixer, saturator (including wet          percent;
 looper), coater, sealant applicator,    c. Route the emissions to a
 and adhesive applicator at new and       combustion device that does
 reconstructed asphalt roofing            not use auxiliary fuel
 manufacturing lines.                     achieving a total hydrocarbon
                                          (THC) destruction efficiency
                                          of 95.8 percent;
                                         d. Route the emissions to a
                                          boiler or process heater with
                                          a design heat input capacity
                                          of 44 megawatts (MW) or
                                          greater;
                                         e. Introduce the emissions into
                                          the flame zone of a boiler or
                                          process heater; or
                                         f. Route emissions to a flare
                                          meeting the requirements of
                                          Sec.   63.11(b).

                              * * * * * * *
------------------------------------------------------------------------
 * * * * * * *
\b\ The opacity limit can be exceeded for one consecutive 15-minute
  period in any 24-hour period when the storage tank transfer lines are
  being cleared. During this 15-minute period, the control device must
  not be bypassed. If the emissions from the asphalt storage tank are
  ducted to the saturator control device, the combined emissions from
  the saturator and storage tank must meet the 20 percent opacity limit
  (specified in 3.a of Table 1 to this subpart) during this 15-minute
  period. At any other time, the opacity limit applies to Group 2
  asphalt storage tanks.

0
19. Table 2 to Subpart LLLLL of Part 63 is amended by:
0
a. Revising rows 3 and 4;
0
b. Revising footnotes a and c; and
0
c. Adding footnote d.
    The revisions and addition read as follows:

          Table 2 to Subpart LLLLL of Part 63--Operating Limits
------------------------------------------------------------------------
                 For--                            You must \a\--
------------------------------------------------------------------------

                              * * * * * * *
3. Control devices used to comply with   a. Maintain the 3-hour average
 the particulate matter standards.        \b\ inlet gas temperature at
                                          or below the operating limit
                                          established during the
                                          performance test; \d\ and
                                         b. Maintain the 3-hour average
                                          \b\ pressure drop across the
                                          device \c\ at or below either
                                          the operating limit
                                          established during the
                                          performance test, or as an
                                          alternative, according to
                                          manufacturer's specifications.
4. Other control devices that are        Maintain the approved
 neither a combustion device or a         monitoring parameters within
 control device used to comply with the   the operating limits
 particulate matter emission standards.   established during the
                                          performance test.
------------------------------------------------------------------------
\a\ The operating limits specified in Table 2 to this subpart are
  applicable if you are monitoring control device operating parameters
  to demonstrate continuous compliance. If you are using a CEMS or COMS,
  you must maintain emissions below the value established during the
  initial performance test.
 * * * * * * *
\c\ As an alternative to monitoring the pressure drop across the control
  device, owners or operators using an ESP to achieve compliance with
  the emission limits specified in Table 1 to this subpart can monitor
  the voltage to the ESP. If this option is selected, the ESP voltage
  must be maintained at or above the operating limit established during
  the performance test.
\d\ The inlet gas temperature operating limit is set at +20 percent of
  the test run average inlet gas temperature measured during the
  performance test.

0
20. Table 3 to Subpart LLLLL of Part 63 is amended by:
0
a. Revising rows 1, 7, and 11 through 13;
0
b. Revising footnotes a and c; and
0
c. Adding footnote d.
    The revisions and addition read as follows:

                   Table 3 to Subpart LLLLL of Part 63--Requirements for Performance Tests a b
----------------------------------------------------------------------------------------------------------------
                                                                                According to the following
               For--                       You must--                Using--                requirements--
----------------------------------------------------------------------------------------------------------------
1. All particulate matter, total     a. Select sampling      i. EPA test method 1    A. For demonstrating
 hydrocarbon, carbon monoxide, and    port's location and     or 1A in appendix A     compliance with the total
 carbon dioxide emission tests.       the number of           to part 60 of this      hydrocarbon percent
                                      traverse points.        chapter.                reduction standard, the
                                                                                sampling sites must be
                                                                                located at the inlet and
                                                                                outlet of the control
                                                                                device prior to any
                                                                                releases to the
                                                                                atmosphere.
                                                                                B. For demonstrating
                                                                                compliance with the
                                                                                particulate matter mass
                                                                                emission rate, THC
                                                                                destruction efficiency,
                                                                                THC outlet concentration,
                                                                                or combustion efficiency
                                                                                standards, the sampling
                                                                                sites must be located at
                                                                                the outlet of the control
                                                                                device prior to any
                                                                                releases to the
                                                                                atmosphere.

                                                  * * * * * * *
7. All opacity tests...............  Conduct opacity         EPA test method 9 in    Conduct opacity
                                      observations.           appendix A to part 60   observations for at least
                                                              of this chapter, or     3 hours and obtain 30, 6-
                                                              ASTM D7520-2013         minute averages.
                                                              (incorporated by
                                                              reference, see Sec.
                                                              63.14) \d\.

                                                  * * * * * * *
11. Each combustion device.........  Establish a site-       Data from the CPMS and  You must collect combustion
                                      specific combustion     the applicable          zone temperature data
                                      zone temperature        performance test        every 15 minutes during
                                      limit.                  method(s).              the entire period of the 3-
                                                                                hour performance test, and
                                                                                determine the average
                                                                                combustion zone
                                                                                temperature over the 3-
                                                                                hour performance test by
                                                                                computing the average of
                                                                                all of the 15-minute
                                                                                readings.
12. Each control device used to      Establish a site-       Data from the CPMS and  You must collect the inlet
 comply with the particulate matter   specific inlet gas      the applicable          gas temperature and
 emission standards.                  temperature limit;      performance test        pressure drop \b\ data
                                      and establish a site-   method(s).              every 15 minutes during
                                      specific limit for                              the entire period of the 3-
                                      the pressure drop                               hour performance test, and
                                      across the device.                              determine the average
                                                                                inlet gas temperature and
                                                                                pressure drop \c\ over the
                                                                                3-hour performance test by
                                                                                computing the average of
                                                                                all of the 15-minute
                                                                                readings.
13. Each control device that is      Establish site-         Process data and data   You must collect monitoring
 neither a combustion device nor a    specific monitoring     from the CPMS and the   parameter data every 15
 control device used to comply with   parameters.             applicable              minutes during the entire
 the particulate matter emission                              performance test        period of the 3-hour
 standards.                                                   method(s).              performance test, and
                                                                                determine the average
                                                                                monitoring parameter
                                                                                values over the 3-hour
                                                                                performance test by
                                                                                computing the average of
                                                                                all of the 15-minute
                                                                                readings.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ For initial performance tests, as specified in Sec.   63.8686(b), you may request that data from a
  previously-conducted emission test serve as documentation of conformance with the emission standards and
  operating limits of this subpart.
 * * * * * * *
\c\ As an alternative to monitoring the pressure drop across the control device, owners or operators using an
  ESP to achieve compliance with the emission limits specified in Table 1 to this subpart can monitor the
  voltage to the ESP.
\d\ If you use ASTM D7520-2013 in lieu of EPA test method 9, then you must comply with the conditions specified
  in this paragraph. During the digital camera opacity technique (DCOT) certification procedure outlined in
  Section 9.2 of ASTM D7520-2013, you or the DCOT vendor must present the plumes in front of various backgrounds
  of color and contrast representing conditions anticipated during field use such as blue sky, trees, and mixed
  backgrounds (clouds and/or a sparse tree stand). You must also have standard operating procedures in place
  including daily or other frequency quality checks to ensure the equipment is within manufacturing
  specifications as outlined in Section 8.1 of ASTM D7520-2013. You must follow the record keeping procedures
  outlined in Sec.   63.10(b)(1) for the DCOT certification, compliance report, data sheets, and all raw
  unaltered JPEGs used for opacity and certification determination. You or the DCOT vendor must have a minimum
  of four (4) independent technology users apply the software to determine the visible opacity of the 300
  certification plumes. For each set of 25 plumes, the user may not exceed 15% opacity of any one reading and
  the average error must not exceed 7.5% opacity. This approval does not provide or imply a certification or
  validation of any vendor's hardware or software. The onus to maintain and verify the certification and/or
  training of the DCOT camera, software and operator in accordance with ASTM D7520-2013 and this letter is on
  the facility, DCOT operator, and DCOT vendor.

0
21. Table 4 to Subpart LLLLL of Part 63 is amended by:
0
a. Revising the table title;
0
b. Revising the fourth column heading; and
0
c. Revising rows 4 and 5.
    The revisions read as follows:

 Table 4 to Subpart LLLLL of Part 63--Initial and Continuous Compliance
                        With Emission Limitations
------------------------------------------------------------------------
                                For the following         You have
            For--             emission limitation--     demonstrated
                                                       compliance if--
------------------------------------------------------------------------

                              * * * * * * *
4. Each saturator (including  a. Limit visible      The visible
 wet looper) and coater at     emissions from the    emissions, measured
 an existing, new, or          emissions capture     using EPA test
 reconstructed asphalt         system to 20          method 22, for any
 roofing manufacturing line.   percent of any        period of
                               period of             consecutive valid
                               consecutive valid     observations
                               observations          totaling 60 minutes
                               totaling 60 minutes.  during the initial
                                                     compliance period
                                                     described in Sec.
                                                     63.8686 do not
                                                     exceed 20 percent.
                              b. Limit opacity      The opacity,
                               emissions to 20       measured using EPA
                               percent.              test method 9, for
                                                     each of the first
                                                     30 6-minute
                                                     averages during the
                                                     initial compliance
                                                     period described in
                                                     Sec.   63.8686 does
                                                     not exceed 20
                                                     percent.
5. Each Group 2 asphalt       Limit exhaust gases   The opacity,
 storage tank at existing,     to 0 percent          measured using EPA
 new, and reconstructed        opacity.              test method 9, for
 asphalt processing                                  each of the first
 facilities and asphalt                              30 6-minute
 roofing manufacturing lines.                        averages during the
                                                     initial compliance
                                                     period described in
                                                     Sec.   63.8686 does
                                                     not exceed 0
                                                     percent.
------------------------------------------------------------------------

* * * * *
0
22. Table 5 to Subpart LLLLL of Part 63 is amended by revising rows 3
and 4 and revising footnotes a and d to read as follows:

     Table 5 to Subpart LLLLL of Part 63--Continuous Compliance With
                          Operating Limits \a\
------------------------------------------------------------------------
                                                    You must demonstrate
                                For the following        continuous
            For--               operating limit--      compliance by--

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

                              * * * * * * *
3. Control devices used to    a. Maintain the 3-    i. Passing the
 comply with the particulate   hour \c\ average      emissions through
 matter emission standards.    inlet gas             the control device;
                               temperature and       and
                               pressure drop        ii. Collecting the
                               across device \d\     inlet gas
                               at or below the       temperature and
                               operating limits      pressure drop \d\
                               established during    data according to
                               the performance       Sec.   63.8688(b)
                               test.                 and (c); and
                                                    iii. Reducing inlet
                                                     gas temperature and
                                                     pressure drop \d\
                                                     data to 3-hour \c\
                                                     averages according
                                                     to calculations in
                                                     Table 3 to this
                                                     subpart; and
                                                    iv. Maintaining the
                                                     3-hour \c\ average
                                                     inlet gas
                                                     temperature and
                                                     pressure drop \d\
                                                     within the level
                                                     established during
                                                     the performance
                                                     test.
4. Other control devices      a. Maintain the       i. Passing the
 that are neither a            monitoring            emissions through
 combustion device nor a       parameters within     the devices;
 control device used to        the operating        ii. Collecting the
 comply with the particulate   limits established    monitoring
 matter emission standards.    during the            parameter data
                               performance test.     according to Sec.
                                                     63.8688(d); and
                                                    iii. Reducing the
                                                     monitoring
                                                     parameter data to 3-
                                                     hour \c\ averages
                                                     according to
                                                     calculations in
                                                     Table 3 to this
                                                     subpart; and
                                                    iv. Maintaining the
                                                     monitoring
                                                     parameters within
                                                     the level
                                                     established during
                                                     the performance
                                                     test.
------------------------------------------------------------------------
\a\ The operating limits specified in Table 2 to this subpart and the
  requirements specified in Table 5 to this subpart are applicable if
  you are monitoring control device operating parameters to demonstrate
  continuous compliance. If you use a CEMS or COMS to demonstrate
  compliance with the emission limits, you are not required to record
  control device operating parameters. However, you must maintain
  emissions below the value established during the initial performance
  test. Data from the CEMS and COMS must be reduced as specified in Sec.
    Sec.   63.8690 and 63.8(g)(1) through (4).
 * * * * * * *
\d\ As an alternative to monitoring the pressure drop across the control
  device, owners or operators using an ESP to achieve compliance with
  the emission limits specified in Table 1 to this subpart can monitor
  the voltage to the ESP. If this option is selected, the ESP voltage
  must be maintained at or above the operating limit established during
  the performance test.

0
23. Table 6 to Subpart LLLLL of Part 63 is amended by revising rows 4,
5, and 6 and adding row 7 to read as follows:

      Table 6 to Subpart LLLLL of Part 63--Requirements for Reports
------------------------------------------------------------------------
                                 The report must     You must submit the
      You must submit--             contain--             report--
------------------------------------------------------------------------

                              * * * * * * *
4. Notification of            The information in    According to the
 compliance status.            Sec.   63.9(h)(2)     requirements in
                               through (5), as       Sec.  Sec.
                               applicable.           63.8692(e) and
                                                     63.9(h)(2) through
                                                     (5), as applicable.
5. A compliance report......  a. A statement that   Semiannually
                               there were no         according to the
                               deviations from the   requirements in
                               emission              Sec.   63.8693(b).
                               limitations during
                               the reporting
                               period, if there
                               are no deviations
                               from any emission
                               limitations
                               (emission limit,
                               operating limit,
                               opacity limit, and
                               visible emission
                               limit) that apply
                               to you.
                              b. If there were no   Semiannually
                               periods during        according to the
                               which the CPMS,       requirements in
                               CEMS, or COMS was     Sec.   63.8693(b).
                               out-of-control as
                               specified in Sec.
                               63.8(c)(7), a
                               statement that
                               there were no
                               periods during
                               which the CPMS,
                               CEMS, or COMS was
                               out-of-control
                               during the
                               reporting period.
                              c. If you have a      Semiannually
                               deviation from any    according to the
                               emission limitation   requirements in
                               (emission limit,      Sec.   63.8693(b).
                               operating limit,
                               opacity limit, and
                               visible emission
                               limit), the report
                               must contain the
                               information in Sec.
                                 63.8693(c) and
                               (d).
                              d. Before [date 181   Semiannually
                               days after date of    according to the
                               publication of        requirements in
                               final rule in the     Sec.   63.8693(b).
                               Federal Register],
                               if you had a
                               startup, shutdown
                               or malfunction
                               during the
                               reporting period
                               and you took
                               actions consistent
                               with your startup,
                               shutdown, and
                               malfunction plan,
                               the compliance
                               report must include
                               the information in
                               Sec.
                               63.10(d)(5)(i). On
                               and after [date 181
                               days after date of
                               publication of
                               final rule in the
                               Federal Register],
                               this paragraph no
                               longer applies.
6. An immediate startup,      The information in    By fax or telephone
 shutdown, and malfunction     Sec.                  within 2 working
 report if you have a          63.10(d)(5)(ii).      days after starting
 startup, shutdown, or                               actions
 malfunction during the                              inconsistent with
 reporting period before                             the plan followed
 [date 181 days after date                           by a letter within
 of publication of final                             7 working days
 rule in the Federal                                 after the end of
 Register], and actions                              the event unless
 taken were not consistent                           you have made
 with your startup,                                  alternative
 shutdown, and malfunction                           arrangements with
 plan. On and after [date                            the permitting
 181 days after date of                              authority.
 publication of final rule
 in the Federal Register],
 this paragraph no longer
 applies.
7. Performance test report..  The information in    Within 60 days after
                               Sec.   63.7.          completion of the
                                                     performance test
                                                     according to the
                                                     requirements in
                                                     Sec.   63.8693(f).
------------------------------------------------------------------------

0
24. Table 7 to Subpart LLLLL of Part 63 is amended by:
0
a. Revising the rows for Sec. Sec.  63.6(e)(1)(i), 63.6(e)(3),
63.6(f)(1), 63.6(h)(1), 63.7(e)(1), 63.8(c)(1)(i), 63.8(c)(1)(ii),
63.8(c)(1)(iii), 63.8(d), 63.10(b)(2)(i), and 63.10(d)(5);
0
b. Adding rows for Sec. Sec.  63.6(e)(1)(ii) and (iii), 63.7(e)(4),
63.10(b)(2)(ii), 63.10(b)(2)(iii), 63.10(b)(2)(iv), and 63.10(b)(2)(v);
and
0
c. Removing the row for Sec.  63.8(c)(1).
    The revisions and additions read as follows:

            Table 7 to Subpart LLLLL of Part 63--Applicability of General Provisions to Subpart LLLLL
----------------------------------------------------------------------------------------------------------------
                                                                                Applies to subpart
               Citation                        Subject             Brief description              LLLLL
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.6(e)(1)(i).................  Operation & Maintenance  Operate to minimize      Yes before [date 181
                                                                 emissions at all times.  days after date of
                                                                                publication of final
                                                                                rule in the Federal
                                                                                Register]. No on and
                                                                                after [date 181 days
                                                                                after date of
                                                                                publication of final
                                                                                rule in the Federal
                                                                                Register]. See Sec.
                                                                                63.8685(b) for general
                                                                                duty requirement.

Sec.   63.6(e)(1)(ii)................  Operation & Maintenance  Correct malfunctions as  Yes before [date 181
                                                                 soon as practicable.     days after date of
                                                                                publication of final
                                                                                rule in the Federal
                                                                                Register]. No on and
                                                                                after [date 181 days
                                                                                after date of
                                                                                publication of final
                                                                                rule in the Federal
                                                                                Register].
Sec.   63.6(e)(1)(iii)...............  Operation & Maintenance  Operation and            Yes.
                                                                 maintenance
                                                                 requirements
                                                                 independently
                                                                 enforceable;
                                                                 information
                                                                 Administrator will use
                                                                 to determine if
                                                                 operation and
                                                                 maintenance
                                                                 requirements were met.

                                                  * * * * * * *
Sec.   63.6(e)(3)....................  Startup, Shutdown, and   1. Requirement for SSM   Yes before [date 181
                                        Malfunction (SSM) Plan   and startup, shutdown,   days after date of
                                        (SSMP).                  malfunction plan.        publication of final
                                                                2. Content of SSMP.....   rule in the Federal
                                                                                Register]. No on and
                                                                                after [date 181 days
                                                                                after date of
                                                                                publication of final
                                                                                rule in the Federal
                                                                                Register].
Sec.   63.6(f)(1)....................  Compliance Except        You must comply with     Yes before [date 181
                                        During SSM.              emission standards at    days after date of
                                                                 all times except         publication of final
                                                                 during SSM.              rule in the Federal
                                                                                Register]. No on and
                                                                                after [date 181 days
                                                                                after date of
                                                                                publication of final
                                                                                rule in the Federal
                                                                                Register].

                                                  * * * * * * *
Sec.   63.6(h)(1)....................  Compliance with Opacity/ You must comply with     Yes before [date 181
                                        VE Standards.            opacity/VE emission      days after date of
                                                                 limitations at all       publication of final
                                                                 times except during      rule in the Federal
                                                                 SSM.                     Register]. No on and
                                                                                after [date 181 days
                                                                                after date of
                                                                                publication of final
                                                                                rule in the Federal
                                                                                Register].
Sec.   63.7(e)(1)....................  Conditions for           1. Performance tests     Yes. before [date 181
                                        Conducting Performance   must be conducted        days after date of
                                        Tests.                   under representative     publication of final
                                                                 conditions. Cannot       rule in the Federal
                                                                 conduct performance      Register]. No on and
                                                                 tests during SSM.        after [date 181 days
                                                                2. Not a violation to     after date of
                                                                 exceed standard during   publication of final
                                                                 SSM..                    rule in the Federal
                                                                                Register]. See Sec.
                                                                                63.8687.

                                                  * * * * * * *
Sec.   63.7(e)(4)....................  Conduct of performance   Administrator's          Yes.
                                        tests.                   authority to require
                                                                 testing under section
                                                                 114 of the Act.

                                                  * * * * * * *
Sec.   63.8(c)(1)(i).................  Routine and predictable  1. Keep parts for        Yes before [date 181
                                        CMS malfunction.         routine repairs          days after date of
                                                                 readily available.       publication of final
                                                                2. Reporting              rule in the Federal
                                                                 requirements for CMS     Register]. No on and
                                                                 malfunction when         after [date 181 days
                                                                 action is described in   after date of
                                                                 SSM plan..               publication of final
                                                                                rule in the Federal
                                                                                Register].
Sec.   63.8(c)(1)(ii)................  CMS malfunction not in   Keep the necessary       Yes.
                                        SSP plan.                parts for routine
                                                                 repairs if CMS.
Sec.   63.8(c)(1)(iii)...............  Compliance with          Develop a written        Yes before [date 181
                                        Operation and            startup, shutdown, and   days after date of
                                        Maintenance              malfunction plan for     publication of final
                                        Requirements.            CMS.                     rule in the Federal
                                                                                Register]. No on and
                                                                                after [date 181 days
                                                                                after date of
                                                                                publication of final
                                                                                rule in the Federal
                                                                                Register].

                                                  * * * * * * *
Sec.   63.8(d).......................  CMS Quality Control....  1. Requirements for CMS  Yes.
                                                                 quality control,
                                                                 including calibration,
                                                                 etc.
                                                                2. Must keep quality
                                                                 control plan on record
                                                                 for the life of the
                                                                 affected source.
                                                                3. Keep old versions
                                                                 for 5 years after
                                                                 revisions.

                                                  * * * * * * *
Sec.   63.10(b)(2)(i)................  Records related to       Occurrence of each of    Yes before [date 181
                                        Startup and Shutdown.    operation (process       days after date of
                                                                 equipment).              publication of final
                                                                                rule in the Federal
                                                                                Register]. No on and
                                                                                after [date 181 days
                                                                                after date of
                                                                                publication of final
                                                                                rule in the Federal
                                                                                Register].
Sec.   63.10(b)(2)(ii)...............  Recordkeeping Relevant   Occurrence of each       Yes before [date 181
                                        to Malfunction Periods   malfunction of air       days after date of
                                        and CMS.                 pollution equipment.     publication of final
                                                                                rule in the Federal
                                                                                Register]. No on and
                                                                                after [date 181 days
                                                                                after date of
                                                                                publication of final
                                                                                rule in the Federal
                                                                                Register].
Sec.   63.10(b)(2)(iii)..............  Recordkeeping Relevant   Maintenance on air       Yes.
                                        to Maintenance of Air    pollution control
                                        Pollution Control and    equipment.
                                        Monitoring Equipment.
Sec.   63.10(b)(2)(iv)...............  Recordkeeping Relevant   Actions during startup,  Yes before [date 181
                                        to Startup, Shutdown,    shutdown, and            days after date of
                                        and Malfunction          malfunction.             publication of final
                                        Periods and CMS.                                  rule in the Federal
                                                                                Register]. No on and
                                                                                after [date 181 days
                                                                                after date of
                                                                                publication of final
                                                                                rule in the Federal
                                                                                Register].
Sec.   63.10(b)(2)(v)................  Recordkeeping Relevant   Actions during startup,  Yes before [date 181
                                        to Startup, Shutdown,    shutdown, and            days after date of
                                        and Malfunction          malfunction.             publication of final
                                        Periods and CMS.                                  rule in the Federal
                                                                                Register]. No on and
                                                                                after [date 181 days
                                                                                after date of
                                                                                publication of final
                                                                                rule in the Federal
                                                                                Register].

                                                  * * * * * * *
Sec.   63.10(d)(5)...................  Startup, Shutdown, and   Contents and submission  Yes before [date 181
                                        Malfunction Reports.                              days after date of
                                                                                publication of final
                                                                                rule in the Federal
                                                                                Register]. No on and
                                                                                after [date 181 days
                                                                                after date of
                                                                                publication of final
                                                                                rule in the Federal
                                                                                Register].

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

[FR Doc. 2019-08155 Filed 5-1-19; 8:45 am]
 BILLING CODE 6560-50-P


Meeting with the National Petrochemical & Refiners Association with EPA

Purpose:  To Discuss Proposed Modifications to IUR rule

October 5, 2010

Attendees:  Jim Cooper, NPRA; Jeff Gunnulfsen, NPRA, Ward Penberthy,
EPA; Jim Willis, EPA; Sara Hisel-McCoy, EPA; Karen Hoffman, EPA

On October 5, 2010, EPA met with the National Petrochemical & Refiners
Association (NPRA) to discuss some of the proposed modifications to the
Inventory Update Reporting (IUR) rule. NPRA is a national trade
association that represents U.S. refiners and petrochemical
manufacturers. During the meeting, EPA answered questions that clarified
several of the proposed requirements. Topics discussed include: the IUR
electronic reporting software and the opportunity for testing and
training; whether the Agency considered proposing the optional (instead
of mandatory) use of the reporting tool; the dynamic nature of chemicals
manufactured in the U.S. and its effect on production volume from year
to year. For the reporting of processing and use information, NPRA
commented on the burden associated with eliminating the 300,000 lb.
reporting threshold and the replacement of the "readily obtainable"
reporting standard with the more stringent "known to or reasonably
ascertainable by" reporting standard.

________________________


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

OFFICE OF

PREVENTION, PESTICIDES, AND

TOXIC SUBSTANCES

			PC Code:	 098301

			DP barcode: D331981

MEMORANDUM

August 25th, 2006

Subject:	Aldicarb - Ecological risk results for alternative application rate and incorporation efficiencies

To:	Bob McNally, Branch Chief

	Sherrie Kinard, Review Manager

Special Review Branch

Special Review and Reregistration Division

From:		Jonathan Angier

		Jeannette Martinez

		Donna Randall

Environmental Risk Branch II

Environmental Fate and Effects Division

Through:	Dana Spatz, RAPL

Tom Bailey, Ph.D, Branch Chief, ERB II,

Environmental Fate and Effects Division

In response to your request, the following assessment includes alternative application rates and granule incorporation efficiencies to help characterize the aldicarb ecological risk assessment. Aquatic RQs and mitigation option:

EFED has modeled maximum and EPA typical application rate scenarios at 99% incorporation efficiency for cotton, potato, citrus, soybeans, and pecans which include incorporation methods such as banded/sidedress and in-furrow. EPA believes that a 99% incorporation efficiency is over-optimistic.  Although 99% efficiency may be achievable under ideal circumstances with optimally calibrated equipment, under most field conditions there is likely to be less efficiency due to non-ideal field settings (e.g., soil too wet or too dry, uneven topography, natural small-scale spatial variations in soil surface texture, crusting, shallow hardpans, etc.), handling error, and other unforeseen circumstances. Furthermore, 99% incorporation assumptions are non-achievable for post-emergent, side-dress applications such as, for example, for cotton and citrus.

There are listed species Level of Concern (LOC) exceedances for almost all modeled maximum application rate scenarios. However, modeled EPA typical application rates lead to risk below the LOCs for all aquatic animals except for listed estuarine/marine invertebrates (pecan, cotton). If EPA typical application rates became the ‘new’ maximum possible application rates on the newest TEMIK® label, then risk for aquatic organisms would be greatly reduced. Present maximum and EPA typical application rates, crops, and their respective RQs are listed in the Tables 1a through 4.b. Below is a summary of Tables 1.a through 4.b.

1. Freshwater and estuarine/marine Fish:

a. Maximum application rates at 99% incorporation efficiency assumption eliminate all acute LOC exceedances for non-listed organisms (LOC >0.5).

There are LOC exceedances for listed species (LOC >0.05); exceedances are for cotton, pecans, and soybeans with RQs ranging from 0.05-0.1.

There are chronic LOC exceedances for cotton, soybeans, and pecans with RQs ranging from 1.0-4.6.

b. EPA typical application rates at 99% incorporation efficiency assumption eliminate all acute LOC exceedances for non-listed and listed organisms (LOC >0.05).

2. Freshwater and estuarine/marine invertebrates:

a. Maximum application rates at 99% incorporation efficiency assumption eliminate all acute LOC exceedances for non-listed organisms (LOC >0.5).

There are LOC exceedances for listed species (LOC >0.05); exceedances are for all uses except for potato with RQs ranging from 0.05-0.3

There are chronic LOC exceedances for cotton and pecans with RQs ranging from 1.6-3.0.

b. EPA typical application rates at 99% incorporation efficiency assumption eliminate all acute LOC exceedances for non-listed organisms (LOC >0.5).

There are LOC exceedances for listed species (LOC >0.05); exceedances are for cotton and pecans with RQs of 0.06 and 0.07, respectively.

Table 1.a.  Aldicarb: Acute and chronic RQs for freshwater fish using maximum application rates with 99% incorporation efficiency

Site/Rate in lbs ai/Acre (no. of apps)	LC50

(ppb)	NOAEC

(ppb)	EEC Initial/Peak (ppb)	EEC 60 day average (ppb)	Acute RQ (EEC/LC50)	Chronic RQ (EEC/ENEC)

Cotton

4.05 (1 apps)	52	0.46	4.047	1.6635	0.08**	3.6

Cotton

4.95 (2 apps)1	52	0.46	2.9227	1.1521	0.06**	2.5

Potato

3.0 (1 app)	52	0.46	0.23163	0.114533	0.004	0.25

Citrus

4.95 (1 app)1	52	0.46	0.64165	0.20684	0.01	0.4

Soybeans

3.0 (1 app)	52	0.46	1.3739	0.45791	0.009	1.0

Pecans

10.05 (1 app)	52

	0.46	2.5716	0.84294	0.05**	1.8

Bluegill sunfish LC50 = 52 ppb

Bluegill sunfish ENEC = 0.46 ppb

199% incorporation efficiency is non-achievable for post-emergent applications and for trees

Table 1.b. Aldicarb: Acute and chronic RQs for freshwater fish using typical application rates with 99% incorporation efficiency

Site/Rate in lbs ai/Acre (no. of apps)	LC50

(ppb)	NOAEC

(ppb)	EEC Initial/Peak (ppb)	EEC 60 day average (ppb)	Acute RQ (EEC/LC50)	Chronic RQ (EEC/ENEC)

Cotton

0.6 (2 apps) 1	52	0.46	0.70432	0.27783	0.01	0.6

Potato

0.9 (1 app)	52	0.46	0.20824	0.102933	0.004	0.2

Citrus

3.7 (1 app) 1	52	0.46	0.48075	0.15498	0.009	0.3

Soybeans

0.7 (1 app)	52	0.46	0.31896	0.10627	0.006	0.2

Pecans

3.1 (1 app)	52	0.46	0.79222	0.25975	0.02	0.6

Bold RQs = acute and chronic LOC exceedances for non-listed species; * = restricted use LOC exceedances; ** = listed LOC exceedances

199% incorporation efficiency is non-achievable for post-emergent applications and for trees

Table 2.a. Aldicarb: Acute and chronic RQs for freshwater inverts using maximum application rates with 99% incorporation efficiency

Site/Rate in lbs ai/Acre (no. of apps)	LC50

(ppb)	NOAEC

(ppb)	EEC Initial/Peak (ppb)	EEC 21 day average (ppb)	Acute RQ (EEC/LC50)	Chronic RQ (EEC/NOAEC)

Cotton

4.05 (1 apps)	20	1	4.047	2.9952	0.2*	3.0

Cotton

4.95 (2 apps) 1	20	1	2.9227	2.0098	0.1*	2.0

Potato

3.0 (1 app)	20	1	0.23163	0.18288	0.006	0.2

Citrus

4.95 (1 app) 1	20	1	0.64165	0.40558	0.03	0.4

Soybeans

3.0 (1 app)	20	1	1.3739	0.89727	0.07**	0.9

Pecans

10.05 (1 app)	20	1	2.5716	1.664	0.1*	1.6

Chironomus tetanus LC50 = 20 ppb

Mysidopsis bahia NOAEC = 1.0 ppb

Table 2.b. Aldicarb: Acute and chronic RQs for freshwater inverts using typical application rates with 99% incorporation efficiency

Site/Rate in lbs ai/Acre (no. of apps)	LC50

(ppb)	NOAEC

(ppb)	EEC Initial/Peak (ppb)	EEC 21 day average (ppb)	Acute RQ (EEC/LC50)	Chronic RQ

(EEC/ NOAEC)

Cotton

0.6 (2 apps) 1	20	1	0.70432	0.48454	0.04	0.5

Potato

0.9 (1 app)	20	1	0.20824	0.16432	0.01	0.2

Citrus

3.7 (1 app) 1	20	1	0.48075	0.30386	0.02	0.3

Soybeans

0.7 (1 app)	20	1	0.31896	0.2083	0.02	0.2

Pecans

3.1 (1 app)	20	1	0.79222	0.51287	0.04	0.4

Bold RQs = acute and chronic LOC exceedances for non-listed species; * = restricted use LOC exceedances; ** = listed LOC exceedances

199% incorporation efficiency is non-achievable for post-emergent applications and for trees

Table 3. a. Aldicarb: Acute and chronic RQs for estuarine/marine fish using maximum application rates with 99% incorporation efficiency

Site/Rate in lbs ai/Acre (no. of apps)	LC50

(ppb)	NOAEC

(ppb)	EEC Initial/Peak (ppb)	EEC 60 day average (ppb)	Acute RQ (EEC/LC50)	Chronic RQ (EEC/ENEC)

Cotton

4.05 (1 apps)	41	0.36	4.047	1.6635	0.1*	4.6

Cotton

4.95 (2 apps) 1	41	0.36	2.9227	1.1521	0.07**	3.2

Potato

3.0 (1 app)	41	0.36	0.23163	0.114533	0.006	0.3

Citrus

4.95 (1 app) 1	41	0.36	0.64165	0.20684	0.02	0.6

Soybeans

3.0 (1 app)	41	0.36	1.3739	0.45791	0.03	1.3

Pecans

10.05 (1 app)	41	0.36	2.5716	0.84294	0.06**	2.3

Sheepshead minnow LC50 = 41 ppb

Sheepshead minnow ENEC = 0.36 ppb

199% incorporation efficiency is non-achievable for post-emergent applications and for trees

Table 3.b. Aldicarb: Acute and chronic RQs for estuarine/marine fish using typical application rates with 99% incorporation efficiency

Site/Rate in lbs ai/Acre (no. of apps)	LC50

(ppb)	NOAEC

(ppb)	EEC Initial/Peak (ppb)	EEC 60 day average (ppb)	Acute RQ (EEC/LC50)	Chronic RQ (EEC/ENEC)

Cotton

0.6 (2 apps) 1	41	0.36	0.70432	0.27783	0.02	0.8

Potato

0.9 (1 app)	41	0.36	0.20824	0.102933	0.005	0.3

Citrus

3.7 (1 app) 1	41	0.36	0.48075	0.15498	0.01	0.4

Soybeans

0.7 (1 app)	41	0.36	0.31896	0.10627	0.008	0.3

Pecans

3.1 (1 app)	41	0.36	0.79222	0.25975	0.02	0.7

Bold RQs = acute and chronic LOC exceedances for non-listed species; * = restricted use LOC exceedances; ** = listed LOC exceedances

199% incorporation efficiency is non-achievable for post-emergent applications and for trees

Table 4.a. Aldicarb: Acute and chronic RQs for estuarine/marine inverts using maximum application rates with 99% incorporation efficiency

Site/Rate in lbs ai/Acre (no. of apps)	LC50

(ppb)	NOAEC

(ppb)	EEC Initial/Peak (ppb)	EEC 21 day average (ppb)	Acute RQ (EEC/LC50)	Chronic RQ (EEC/NOAEC)

Cotton

4.05 (1 apps)	12	1	4.047	2.9952	0.3*	3.0

Cotton

4.95 (2 apps) 1	12	1	2.9227	2.0098	0.2*	2.0

Potato

3.0 (1 app)	12	1	0.23163	0.18288	0.02	0.2

Citrus

4.95 (1 app) 1	12	1	0.64165	0.40558	0.05**	0.4

Soybeans

3.0 (1 app)	12	1	1.3739	0.89727	0.1*	0.9

Pecans

10.05 (1 app)	12	1	2.5716	1.664	0.2*	1.6

Pink shrimp LC50 = 12 ppb

Mysidopsis bahia NOAEC = 1 ppb

199% incorporation efficiency is non-achievable for post-emergent applications and for trees

Table 4.b. Aldicarb: Acute and chronic RQs for estuarine/marine inverts using typical application rates with 99% incorporation efficiency

Site/Rate in lbs ai/Acre (no. of apps)	LC50

(ppb)	NOAEC

(ppb)	EEC Initial/Peak (ppb)	EEC 21 day average (ppb)	Acute RQ (EEC/LC50)	Chronic RQ

(EEC/ NOAEC)

Cotton

0.6 (2 apps) 1	12	1	0.70432	0.48454	0.06**	0.5

Potato

0.9 (1 app)	12	1	0.20824	0.16432	0.02	0.2

Citrus

3.7 (1 app) 1	12	1	0.48075	0.30386	0.04	0.3

Soybeans

0.7 (1 app)	12	1	0.31896	0.2083	0.03	0.2

Pecans

3.1 (1 app)	12	1	0.79222	0.51287	0.07**	0.4

Bold RQs = acute and chronic LOC exceedances for non-listed species; * = restricted use LOC exceedances; ** = listed LOC exceedances

199% incorporation efficiency is non-achievable for post-emergent applications and for trees

Terrestrial RQs and mitigation options:

Current 85% (banded/sidedress) and 99% (in-furrow) incorporation efficiency assumptions (Bayer Crop Science and EPA) do not reduce the level of risk to avian and mammalian species below the Level Of Concern (LOC). EFED modeled 99% (for banded/sidedress), 99.5% (banded/sidedress and in-furrow) and 99.9% (banded/sidedress and in-furrow) incorporation efficiency at EPA typical application rates to investigate whether such assumptions, albeit unrealistic, would reduce the risk to below LOC for terrestrial wildlife. None of the modeling scenarios decreased the avian or the mammalian risk beyond Agency level of concern for any of the crops. Table 5 and 6 list the crops, application rates, application methods and RQs for avian and mammalian species.

Table 5. Aldicarb: Recalculated acute avian RQs for different incorporation efficiencies at typical application rates with different incorporation efficiencies

Crop Scenario	Bird Type	Typical Application

Rate

(lbs ai/A)	RQ

(85% incorporated)	RQ

(99% incorporated)	RQ

(99.5% incorporated)	RQ

(99.9% incorporated)

Cotton1

Banded/Sidedress

4” band width

40” row spacing	Small Bird

Medium Bird

Large Bird	0.6

0.6

0.6	947.5

148.9

10.5	60.2

9.5

0.7	30.1

4.7

0.3*	6.0

1.1

0.7

Dry Beans

Banded

6” band width

48” row spacing	Small Bird

Medium Bird

Large Bird	1.0

1.0

1.0

	1247.6

196.0

13.4	80.2

12.6

0.9	40.1

6.3

0.5	8.0

1.3

0.09

Sorghum

Banded

2” band width

36” row spacing	Small Bird

Medium Bird

Large Bird	0.4

0.4

0.4	N/A

N/A

N/A	73.4

11.5

0.8	36.1

5.7

0.4*	7.2

1.1

0.08

Peanuts

Banded

6” band width

36” row spacing	Small Bird

Medium Bird

Large Bird	0.9

0.9

0.9	842.1

132.2

9.4	54.2

8.5

0.6	27.1

4.3

0.3*	5.4

0.9

0.06

Potatoes

Banded

6” band width

38” row spacing	Small Bird

Medium Bird

Large Bird	2.7

2.7

2.7	2666.7

419.0

29.7	171.5

26.9

1.9	85.7

13.5

1.0	17.2

2.7

0.2*

Soybeans

Banded

6” band width

30” row spacing	Small Bird

Medium Bird

Large Bird	0.7

0.7

0.7	545.8

85.8

6.1	35.1

5.5

0.4*	17.6

2.8

0.2*	3.5

0.6

0.04

Sugar Beets

Banded

6” band width

22” row spacing	Small Bird

Medium Bird

Large Bird	1.8

1.8

1.8	972.1

152.7

10.8	66.2

10.4

0.7	33.1

5.2

0.4*	6.6

1.1

0.07

Sweet Potatoes

Banded

12” band width

48” row spacing	Small Bird

Medium Bird

Large Bird	1.4

1.4

1.4	N/A

N/A

N/A	58.2

9.2

0.7	28.1

4.4

0.3*	5.6

0.9

0.1**

Mallard duck LD50 = 1 mg/kg- bw

Rat LD50 = 0.9 mg/kg-bw

199% incorporation efficiency is non-achievable for post-emergent applications and for trees

Italicized numbers are RQs published in May 2006 RED; un-italicized represent RQs from new modeling scenarios.

Bold RQs = acute and chronic LOC exceedances for non-listed species; * = restricted use LOC exceedances; ** = listed LOC exceedances

Table 6. Aldicarb: Recalculated acute mammalian RQs for different incorporation efficiencies at typical application rates with different incorporation efficiencies

Crop Scenario	Mammal Type	Typical Application

Rate

(lbs ai/A)	RQ

(85% incorporated)	RQ

(99% incorporated)	RQ

(99.5% incorporated)	RQ

(99.9% incorporated)

Cotton1

Banded/Sidedress

4” band width

40” row spacing	Small Bird

Medium Bird

Large Bird	0.6

0.6

0.6	320.1

169.6

13.7	21.1

11.2

0.9	10.5

5.6

0.5	2.1

1.1

0.09

Dry Beans

Banded

6” band width

48” row spacing	Small Bird

Medium Bird

Large Bird	1.0

1.0

1.0

	421.5

223.3

18.1	28.1

14.9

1.2	14.0

7.4

0.6	2.8

1.5

0.1**

Sorghum

Banded

2” band width

36” row spacing	Small Bird

Medium Bird

Large Bird	0.4

0.4

0.4	N/A

N/A

N/A	24.8

13.1

1.1	12.6

6.7

0.5	2.5

1.3

0.1**

Peanuts

Banded

6” band width

36” row spacing	Small Bird

Medium Bird

Large Bird	0.9

0.9

0.9	284.5

150.7

12.2	19.0

10.0

0.8	9.5

5.0

0.4*	1.9

1.0

0.08

Potatoes

Banded

6” band width

38” row spacing	Small Bird

Medium Bird

Large Bird	2.7

2.7

2.7	900.0

477.2

38.6	60.0

31.8

2.6	30.0

15.9

1.3	6.0

3.2

0.3*

Soybeans

Banded

6” band width

30” row spacing	Small Bird

Medium Bird

Large Bird	0.7

0.7

0.7	184.4

97.7

7.9	12.3

6.5

0.5	6.1

3.3

0.3*	1.2

0.7

0.05

Sugar Beets

Banded

6” band width

22” row spacing	Small Bird

Medium Bird

Large Bird	1.8

1.8

1.8	328.4

174.0

14.1	23.2

12.3

1.0	11.6

6.1

0.5	2.3

1.2

0.1**

Sweet Potatoes

Banded

12” band width

48” row spacing	Small Bird

Medium Bird

Large Bird	1.4

1.4

1.4	N/A

N/A

N/A	19.7

10.4

0.8	9.8

5.2

0.4*	2.0

1.0

0.08

Mallard duck LD50 = 1 mg/kg- bw

Rat LD50 = 0.9 mg/kg-bw

Italicized numbers are RQs published in May 2006 RED; un-italicized represent RQs from new modeling scenarios.

Bold RQs = acute and chronic LOC exceedances for non-listed species; * = restricted use LOC exceedances; ** = listed LOC exceedances

199% incorporation efficiency is non-achievable for post-emergent applications and for trees

 PAGE

 PAGE   9


[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)]
[Proposed Rules]
[Pages 38980-38981]
[FR Doc No: 2016-14115]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6144; Directorate Identifier 2015-NM-088-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); extension of comment
period.

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

SUMMARY: This document announces an extension of the comment period for
the above-referenced NPRM, which proposed the adoption of a new
airworthiness directive (AD) for certain Airbus Model A318, A319, and
A320 series airplanes; Model A330-200, -200 Freighter, and -300 series
airplanes; and Model A340-200, -300, -500, and -600 series airplanes.
That NPRM invited comments concerning the proposed requirement to
modify the fuel quantity indicating system (FQIS) to prevent
development of an ignition source inside the center fuel tank due to
electrical fault conditions. This extension of the comment period is
necessary to provide all interested persons an opportunity to present
their views on the proposed requirements of that NPRM.

DATES: We must receive comments on the NPRM by September 19, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6144; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains the proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2016-6144;
Directorate Identifier 2015-NM-028-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We issued an NPRM to amend 14 CFR part 39 by adding an AD that
would apply to certain Airbus Model A318, A319, and A320 series
airplanes; Model A330-200, -200 Freighter, and -300 series airplanes;
and Model A340-200, -300, -500, and -600 series airplanes. The NPRM
published in the Federal Register on May 3, 2016 (81 FR 26487) (``the
NPRM''). The NPRM proposed to require modifying the fuel quantity
indicating system (FQIS) to prevent development of an ignition source
inside the center fuel tank due to electrical fault conditions.
    The NPRM invited comments on regulatory, economic, environmental,
and energy aspects of the proposal.
    The NPRM was prompted by fuel system reviews conducted by the
manufacturer. The actions specified by the NPRM are intended to prevent
ignition sources inside the center fuel tank, which, in combination
with flammable fuel vapors, could result in a fuel tank explosion and
consequent loss of the airplane.

Related Rulemaking

    At the time we issued the NPRM, we issued five other NPRMs that
also proposed to require modification of the FQIS:
     Docket No. FAA-2016-6139, Directorate Identifier 2015-NM-
061-AD, for certain The Boeing Company Model 737-600, -700, -700C, -
800, -900, and -900ER series airplanes.
     Docket No. FAA-2016-6140, Directorate Identifier 2015-NM-
059-AD, for certain The Boeing Company Model 777 airplanes.
     Docket No. FAA-2016-6141, Directorate Identifier 2015-NM-
048-AD, for certain The Boeing Company Model 767 airplanes.
     Docket No. FAA-2016-6143, Directorate Identifier 2015-NM-
028-AD, for all Airbus Model A300 B4-600, B4-600R, and F4-600R series
airplanes, and Model A300 C4-605R Variant F airplanes (collectively
called Model A300-600 series airplanes), and Model A310 series
airplanes.
     Docket No. FAA-2016-6145, Directorate Identifier 2015-NM-
056-AD, for certain The Boeing Company Model 747 airplanes.

Actions Since Previous NPRM Was Issued

    Since we issued the NPRM, we have received a request from Airlines
for America (A4A) to extend the comment period. A4A stated that the
NPRMs are controversial and could drive substantial costs, especially
for cargo

airlines. To be able to prepare informed and meaningful comments with
coordinated consensus among its members, A4A requested a longer comment
period to understand a number of factors, including related service
information, data and safety analysis of the unsafe condition, and
potential costs.
    We agree with the request, and have determined that it is
appropriate to extend the comment period for the NPRM to give all
interested persons additional time to examine the proposed requirements
and submit comments. We have determined that extending the comment
period until September 19, 2016, will not compromise the safety of the
affected airplanes.
    The comment period for Docket No. FAA-2016-6144 closes September
19, 2016.
    Because no other portion of the proposal or other regulatory
information has been changed, the entire proposal is not being
republished.

    Issued in Renton, Washington, on June 8, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-14115 Filed 6-14-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Notices]
[Page 7162]
[FR Doc No: 2019-03619]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Opportunity for Public Comment on a Land Use Change
From Aeronautical to Non-Aeronautical Use for 52.41 Acres of Airport
Land for Existing Business Park Use at Martha's Vineyard Airport, West
Tisbury, MA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for public comments.

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SUMMARY: Notice is being given that the FAA is considering a request
from Martha's Vineyard Airport to change the current land use from
aeronautical use to non-aeronautical use of a 52.41-acre parcel of
land. The parcel is located in the Southeastern quadrant of the airport
and is currently used for the Airport Business Park. The development
does not impact existing aviation land needs nor impacts future
aviation land needs of the airport per their most current Airport
Layout Plan. The airport obtains fair market value for the lease of the
land and is deposited in the airports operations and maintenance
account.

DATES: Comments must be received on or before April 1, 2019

ADDRESSES: You may send comments using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov, and follow the instructions on providing comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W 12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Interested persons may inspect the request and supporting documents
by contacting the FAA at the address listed under FOR FURTHER
INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Mr. Jorge E. Panteli, Compliance and
Land Use Specialist, Federal Aviation Administration New England Region
Airports Division, 1200 District Avenue, Burlington, Massachusetts
01803. Telephone:<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on November 20, 2017.
Gail B. Lattrell,
Director (Acting), ANE-600.
[FR Doc. 2019-03619 Filed 2-28-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: July 16, 2010 (Volume 75, Number 136)]
[Proposed Rules]
[Page 41421]
[DOCID:fr16jy10-17]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[Docket: EPA-R10-OAR-2010-0432; FRL-9171-3]

Finding of Attainment for PM10 for the Mendenhall Valley PM10
Nonattainment Area, Alaska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA finds that the Mendenhall Valley nonattainment area in
Alaska attained the National Ambient Air Quality Standard (NAAQS) for
particulate matter with an aerodynamic diameter of less than or equal
to a nominal ten micrometers (PM10) as of December 31, 1995.

DATES: Comments must be received on or before August 16, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2010-0432, by any of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Mail: Steve Body, U.S. EPA Region 10, Office of Air, Waste
and Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
     Hand Delivery/Courier: U.S. EPA Region 10, 1200 Sixth
Avenue, Suite 900, Seattle, WA 98101. Attention: Steve Body, Office of
Air, Waste and Toxics, AWT-107. Such deliveries are only accepted
during normal hours of operation, and special arrangements should be
made for deliveries of boxed information.

Please see the direct final rule which is located in the Rules section
of this Federal Register for detailed instructions on how to submit
comments.

FOR FURTHER INFORMATION CONTACT: Steve Body at telephone number: (206)
553-0782, e-mail address<EMAIL_ADDRESS>or the above EPA, Region
10 address.

SUPPLEMENTARY INFORMATION: For further information, please see the
direct final action, of the same title, which is located in the Rules
section of this Federal Register. EPA is approving the attainment
determination as a direct final rule without prior proposal because EPA
views this as a noncontroversial action and anticipates no adverse
comments. A detailed rationale for the approval is set forth in the
preamble to the direct final rule. If EPA receives no adverse comments,
EPA will not take further action on this proposed rule.
    If EPA receives adverse comments, EPA will withdraw the direct
final rule and it will not take effect. EPA will address all public
comments in a subsequent final rule based on this proposed rule. EPA
will not institute a second comment period on this action. Any parties
interested in commenting on this action should do so at this time.
Please note that if we receive adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

    Dated: June 22, 2010.
Dennis J. McLerran,
Regional Administrator, EPA, Region 10.
[FR Doc. 2010-17416 Filed 7-15-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Rules and Regulations]
[Pages 34641-34643]
[FR Doc No: 2020-10912]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0067]
RIN 1625-AA00

Safety Zone; Lake of the Ozarks, Mile Marker .5 on the Main
Channel of the Lake of the Ozarks Near Bagnel Dam, Lake Ozark, MO

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Lake of the Ozarks. This action is necessary to
provide for the safety of life on these navigable waters during
fireworks displays. This regulation prohibits persons and vessels from
being in the safety zone during the specified periods of enforcement
unless authorized by the Captain of the Port Sector Upper Mississippi
River or a designated representative.

DATES: This rule is effective without actual notice from June 8, 2020
through 10:15 p.m. on August 15, 2020. For purposes of enforcement,
actual notice will be used from 9:15 p.m. on May 23, 2020 through June
8, 2020.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0067 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Christian Barger, Sector Upper
Mississippi River Waterways Management Division, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On December 10, 2019, Celebration Cruises notified the Coast Guard
that it will be conducting fireworks displays from 9:15 p.m. through
10:15 p.m. on May 23, June 20, June 27, July 4, July 11, July 18, July
25, August 1, August 8, and August 15, 2020. The fireworks are to be
launched from a barge on Lake of the Ozarks at mile marker .5 on the
main channel of Lake of the Ozarks near Bagnel Dam in Lake Ozark, MO.
In response, on March 26, 2020, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Safety Zone; Lake of the Ozarks, Mile
Marker .5 on the Main Channel of the Lake of the Ozarks Near Bagnel
Dam, Lake Ozark, MO [85 FR 17038]. There we stated why we issued the
NPRM and invited comments on our proposed regulatory action related to
these fireworks displays. During the comment period that ended April
27, 2020, we received four comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to

respond to the potential safety hazards associated with the fireworks
displays.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Upper
Mississippi River (COTP) has determined that potential hazards
associated with the fireworks to be used on May 23, June 20, June 27,
July 4, July 11, July 18, July 25, August 1, August 8, and August 15,
2020 will be a safety concern for anyone within a 420-foot radius of
the barge. The purpose of this rule is to ensure safety of vessels and
the navigable waters in the safety zone before, during, and after the
scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received four comments on our NPRM published
March 26, 2020. Two of the comments were in full support of the
proposed safety zone as it was written. The third comment was also in
support of the proposed rule, however the commentor had a few
questions; we will answer them here. The fourth comment was not
applicable to this rule.
    The first question was regarding the definition of a vessel. As
defined in 33 Code of Federal Regulations (CFR) 160.3, ``Vessel means
every description of watercraft or other artificial conveyance used, or
capable of being used, as a means of transportation on water'' and
includes craft on and below the surface of the water. The second
question was regarding the definition of navigable waters as it applied
to this regulation prohibiting vessels and persons from being on, or in
the surrounding waters around, Bagnel Dam. The safety zone that is
being established at mile marker .5 on the Main Channel will only cover
an area within a 420-foot radius from the fireworks barge and will not
cover any portion of land, any permanant structures (including Bagnel
Dam), nor the waters immediately adjacent to either side of Bagnel Dam.
The enforcement location of the regulation has been updated to include
specification of the 420-foot radius.
    This rule establishes a safety zone from 9:15 p.m. through 10:15
p.m. on May 23, June 20, June 27, July 4, July 11, July 18, July 25,
August 1, August 8, and August 15, 2020. The safety zone will cover all
navigable waters within 420 feet of a fireworks barge on Lake of the
Ozarks at mile marker .5 on the main channel of Lake of the Ozarks near
Bagnel Dam in Lake Ozark, MO . The duration of the zone is intended to
ensure the safety of vessels and these navigable waters before, during,
and after the scheduled 9:15 to 10:15 p.m. fireworks displays. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.
    The fourth comment expressed concern that the Coast Guard had
misintereted Executive Order 13771. The fourth comment related to
Executive Order 13771 is beyond the scope of the regulation because the
Executive Order that the comment refers to is not applicable to this
regulation.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, and duration of the temporary safety zone. This action
involves only ten, one-hour long, occurrences in which persons and
vessels will be prohibited from entering an area within 420 feet of a
fireworks barge on Lake of the Ozarks.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of
1969(42 U.S.C. 4321-4370f), and have determined that this action is one
of a category of actions that do not individually or cumulatively have
a significant effect on the human environment. This rule involves a
safety zone lasting only one hour on ten different days that would
prohibit entry within 420 feet of a fireworks barge on Lake of the
Ozarks at mile marker .5 on the main channel of Lake of the Ozarks near
Bagnel Dam in Lake Ozark, MO. It is categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0067 to read as follows:

Sec.  165.T08-0067  Safety Zone; Lake of the Ozarks, Mile .5 on the
Main Channel of the Lake of the Ozarks near Bagnel Dam, Lake Ozark, MO

    (a) Location. The following area is a safety zone: Lake of the
Ozarks, within a 420-foot radius around a fireworks barge located at
mile marker .5 on the main channel of the Lake of the Ozarks near
Bagnel Dam in Lake Ozark, MO.
    (b) Period of enforcement. This section is effective from 9:15 p.m.
through 10:15 p.m. on May 23, June 20, June 27, July 4, July 11, July
18, July 25, August 1, August 8, and August 15, 2020.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, persons and vessels are prohibited from
entering the safety zone unless authorized by the Captain of the Port
Sector Upper Mississippi River (COTP) or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to units under the operational control
of USCG Sector Upper Mississippi River.
    (2) Persons or vessels desiring to enter into or pass through the
zone must request permission from the COTP or a designated
representative. They may be contacted by telephone at<PHONE_NUMBER>.
    (3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative while
navigating in the regulated area.
    (d) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement date and times
for this safety zone, as well as any emergent safety concerns that may
delay the enforcement of the zone through Local Notices to Mariners
(LNM).

    Dated: May 15, 2020.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2020-10912 Filed 6-5-20; 8:45 am]
 BILLING CODE 9110-04-P