Federal Register/ Vol. 67, No. 1601Monday. August 19, 2002 Latitude 60 ° 58.93' N. 146O48.86W and southwest of a line bearing 307' True from Tongue Point at 61 ° 02.10' N. 146 ° 40.00' W. * * * * *

PART 1674FFSHORE TRAFFIC SEPARATION SCHEMES 3. The authority citation for part 167 Authority: 33 U. S. C. 1223; 49 CFR 1.46. ,

4. Add § § 167.1700 through 167.1703 continues to read as follows:

to read as follows:

§ 167.1700 In Prince William Sound: General. The Prince William Sound Traffic Separation Scheme consists of four parts: Prince William Sound Traffic Separation Scheme, Valdez Arm Traffic Separation Scheme, and two precautionary areas. These parts are described in 55 167.1701 through 167.1703. The geographic coordinates in $ 6 167.1701 throueh 167.1703 are  ~.  Longitude ACTION: Withdrawal of direct final rule.

iefined using Nor& American Datum 1983 ( NAD 83). ................ 60" 20.59" 60O49.49" ................

$ 167.1701 In Prince William Sound: Precautionary areas.

precautionary area is established and is bounded by a line connecting the following geographical positions: ( a) Cape Hinchinbrook. A SUMMARY: Because EPA received 146' 46.18' W 146' 56.19W Latitude Latitude 60' 20.59" ................ 60' 12.67" ................ 6OD11.01' N ................ 60' 05.47" ................ 60" 00.61' N ................ 60" 05.44" ................ 59' 51.60" ................ 59Y3.52" ................ 60" 07.76" ................ 60" 11,51' N ................ 60? 20.60" ................ Longitude Latitude I Lonoitude ENVIRONMENTAL PROTECTION 60" 49 10' h 6070 6 0 h AGENCY 60" 20.77" ................ 146' 52.31' W 60" 46.12" ................ 40 CFR Parts 19 and 27 60" 48.29N ................ 146" 59.77' W 60" 20.93" ................ [ FRL 7261 51 147' 04 19W 146' 54 31' W ( b) A traffic lane for northbound Civil Monetary Penalty Inflation Adjustment Rule traffic between the separation zone and Latitude 146" 48.64' W 146" 54,31' W a line connecting the following geographical positions: AGENCY: Environmental Protection Aaencv IEPA).

Longitude Washington, DC 20460, ( 202) 564 2413.

60O49.39" ................ 60' 58.04" ................ Dsted August 13, 2002. 146O58.19' W 146' 46.52' W John Peter Suarez, the direct final rule amending the find Civil Monetary Penalty Inflation Adjustment ~ ~ l ~ , which was by the Debt Collection Improvement Act of 1996. That leeislation reauired IC) A traffic lane for southbound traffic between the separation zone and a line connecting the following geographical positions: federal agencies to adjust civil monetary penalties for inflation on a periodic basis. EPA published the direct final rule on June 18,2002 ( 67 FR 41343). We stated in the direct final rule that if we received adverse comment by July 18, 2002, we would publish a timely notice of withdrawal in the Federal Register. The Arm Traffic Separation We subseouentlv received one adverse $ 157.1703 In Prince William Sound: Valdez A TraMc Separation scheme.

Scheme consists of the following:

line connecting the following geographical positions: comment bn thedirect final rule. We will address that comment in a subsequent final action based on the parallel proposal also published on June 18, 2002 ( 67 FR 41363). As stated in the ( a) A separation zone bounded by a Latitude Longitude oarallel orooosal. we will not institute ( b) A precautionary area is established of radius 1.5 miles centered at geographical position 60' 49.63". 147~ 01.33' W.

( 4 A pilot hoarding area located near the center of the Biigh Reef precautionary area is established. Regulations for vessels operating in these areas are in 5 165.1109( d) of this chapter.

§ 167.1702 In Prince William Sound: Prlnce William Sound Traffic Separation Scheme. The Prince William Sound Traffic Separation Scheme consists of the following: ( a) A separation zone bounded by a line connecting the following geographical positions: 41344 Federal Regisler I Vol. 67. No. 11 7 I Tu~ sdd) ~

] uric 18. 2002 / Kulus dnd Kegidation&

affei.? the terms under which civil penalties UP assess~ d by EPA. In addition. Ef. 4 has rilade minor conforming ctimgcs to the regulaticns to reflpct thc effective date of the new rates prescrihcd by Congress w'lrich haw no substantive ctfwi. The furrimla for the umount of the penalty aniusrrnciit is prescribed hy Congress in the UCIA and the5echanw a e n o l subjert to the exrrrisc cf dismction by EPA. Ilo! varer 1110 rounding requirement of Ilk? statute is subjuct to diffwenr interpretations and EVA has rounded based on the amount of the increase resulting friirn the CPI pwcentagc Lalculation. This apprnach achiet'es tllc intcnl uf the DClh because a rounding nilir hnsed on thc i l ~ i u u ~ t Of the increase will rcsult in incrcasc ~ m u u ~ i t s that more closely track rhc manges in the CI'! a i d uould $ readily incro'isc the ilmuun! of the CMPj over time in liue wilh increase$ in thn CPI. Calculi~ tions bas14 on ut! ier interpret. itions oi tho rounding requirercmt could resnlr in CMY ndjustmeiits that i y i r either several tinleu d ~ r CPI percentage or in no increase at all p w n with increoscs i n the CPI. In the " Pmpoced Rules" section 01 today'.< Pcderiil Registur publication. we are publishing R separstc dorumcnt that will uenc 3s the proposal to adiusl Et'A's civil mon& q ycrid~ tiez fur inflation iiadversc i. umments arc f i l d This nile will be etttxtivo on August 19. 2002 wilhuut further notice unless we receiae adrorso commmt I I ~ J u l y 18, 2002. If EPA rweii'?~ adverse comment. we u< ll puhlish n tiinelv ivithdrarval in the Federal Register infornung the public that fhe rule will not take oihn: t. \ Vu Xviil hddrcss all public comments in II subsequent final rule based on the proposed rule We wil: not institute a secuud coinmen\ period on tnis action. An) partias interested in cornrriimting mnst do so at this lime. Under Cxcculive Order 12866. I58 FR 51,705 ( OL. tober 4, 1WJ)) thcAgcI1c). must determint? whcther tho rcgulhtory action is " signifkant" and : herefole subject tu O W review a d thc requirements of the Executive Order. The Order defines " significant regulatory action' as onc that is like.? io resiilr i n a rule thkr mav:

IIJ tin." i l l ) ", Nt" dl * rr,! eCl 011 IlW ,' vu, lolr> y id $> or mi1l; on or mom nr p d v n n d y H f l w t in B malexiitt LWY Iha econum;. a S R ~ U I ut I t s t ~ rxclucrmy ~ mncluriiwiy, umqx! ritior., iobr. iht: m v i m m w u ~ , ( JUIAIS. laultlr iw sixbl) , $ 17 Stnlc. IxA71. of 1~ 111. t1 ! m w r w t ~ W l . ~ UT ~

communities;

otherwise interfere with an action taken or [ Z] Create a serious inconsistency or planned by another agency: ( 3) Materially slter the budgetary impact of entitlements, grants, usm fees, or loan programs or Ihs rights and obligations of recipiants thereof, or ( 4) Raise novel legal N policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. It has been determined that this rule is not a " significant regulatory action" under the terms of Executive Order 12866, and is therefore not subject to review by the Office of Management and Budget. Title I1 of the Unfunded Mandates Reform Act of 1995 ( UMRAI, Public Law 104 4, establishes requirements for Federal agencies to assess the effects of theb regulatory actions on State, local, and tribal governments and the private sector. Under section ZGZ of the UMRA, EPA generally must prepare a written statement, including a cost benefit analysis, for proposed and final rules with " Federal mandates" that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $ 100 million or more i n any one yeas. Before promulgating an EPA rule for which a written statament is needed, section 205 of tha UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cast effective or least burdensome'alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost effective or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including trihal goveriiments, it must have developed under section 203 of the Uh4RA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating. and advising small governments on compliance with the re ulatnr requirements. Todgay's d e contains no Federal mandates ( under theregulatory provisions oETitle IIof the UMRAl for State, local, or trihal governments or the privete sector because the rule implements mandate($ specifically and explicitly set iorth by the Congress without the exercise of any policy discretion by EPA. Thus, today's rule is not subject to the requirements of sections 202 and 205 of the UXIRA. EPA has determined that this rule contains no regulatory requirements that might significantly or uniquoly affect small governments. ' Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments ( 65 FR 67249, November 9, ZOOO), requires EPA to develop an accountable process to ensure " nieaningful and timely input by tribal officials in tho development of regulatory policies that have tribal implications." As this direct final rule will not have substantial direct effects on tribal governments, on the relationship between the Federal government and Indian tribes. or on the distribution of power and responsibilities between lhe Federal government and Indian tribes, Executive Order 13175 does not apply to this rule. Executive Order 13132, mititled Federalism ( 64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure " meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications." " Policies that have federalism implications" is defined in thc Executive Order to include regulations that have " substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government." This rule does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, nr on the distribution of power and responsihilities among the various levels of government, as specified in executive Order 13132. Thus, Executive Ordsr 13132 does not apply tn this rule. The Regulatory Flexibility Act, 8s amended by the Small Business Regulatory Enforcement Fairness Act of 1996 [ SEREFA), 5 U. S. C. GO1 et seq., generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of today's rule on small entities, small , Federal RegisterIVol. 67, No. 117/ Tuesday, June 18, 2002 / Rules and Regulations 41345 7 U. S. C. 1361.( a)( l) ......................... entity is defined as ( 1) a small business; ( 2) a small governmental jurisdiction that is a government of a city. county, town school district or special district with a population of less than 50,000; and ( 3) a small organization that is any not for profit enterprise which is independently owned and operated and is not dominant in its field. This action will not have a significant impact on a substantial number of small entities for the following reasons: EPA is required by the DCIA to adjust civil monetary penalties for inflation. The formula for the amount of the penalty adjustment is prescribed by Congress and is not subject to the exercise of discretion by EPA. EPA's action implements this statutory mandate and does not substantively alter the existing regulatory framework. This rule does not affect mechanisms already in place. including statutory provisions and EPA policies, that address the special circumstances of small entities when assessing penalties in enforcement actions. EPA's media penalty policies generally take into account an entity's " ability to pay" in determining the amount of a penalty. In addition, entities may he affected by this rule only if the federal government finds them in violation and seeks monetary penalties. This would constitute a very small fraction of the universe of regulated facilities. Additionally, the final amount of any civil penalty assessed against a violator remains committed to the discretion of the Federal Judge or Administrative Law Judge hearing a particular case. Accordingly, although EPA cannot predict the precise impact on individual cases, the adjustment is likely to result in at most a relatively minor change to the actual penalties in cases affecting a small fraction of regulated entities. After considering the economic impacts of today's rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 13045, Protection of Children from Environmental health Risks and Safety Risks ( 62 FR 19885, April 23,1997). applies to any rule that: ( 11 Is determined to he " economically significant" as defined under Executive Order 12866, and ( 2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria,

FEDERAL INSECTICIDE, FUNGICIDE, 8 RODENTICIDE ACT CIVIL 6,200 the Agency must evaluate the envirimmental health or safety effects (

tlie planned rule on children. and explain why the planned rcgulation is preferablo to other polentially effective and reasonably feasible alternatives considered by the Agency. EPA interprets Executive Order 13045 as is published in the Federal Register. This action is not a " major rule" as defined by 5 U. S. C. 804( 2). For the reasons outlined above. however, this action will take effect August 19, 2002.

List of Subjects 4OCFRPori19 ) f '

Environmental protection, Administrative practice and procedure, Penalties.

40 CFR Pari 27 Administrative practice and procedure, Assessments, False claims, False statements, Penalties. ,

Dated: May 31.2002. Christine Todd Whitman, Administrator, Envimnmentol Protection Agency.

preamble, title 40, chapter I of the Code of Federal Regulations is amended as follows: 1. Revise part 19 to read as follows: For the reasons set out in the PART 19 ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR applying only to those re ulatory risks, such that the analysis required under section 5 501 of the Order has the potential to influence the regulation. This rule is not subject to Executive Order 13045 because it does not establish an environmental standard intended to mitigate health or safety risks. Because this action does not involve technical standards, EPA did not consider the use of any voluntary consensus standards under the National Technology Transfer and Advancement Act of 1995 ( 15 U. S. C. 272 note). This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.) because it does not require persons to obtain, maintain, retain, report, or publicly disclose information to or for a Federal agency. Nor does it require any special considerations under Executive Order Set. 12898. entitled Federal Actions to Address Environmental Justice in 19.3 [ Reserved] Minority Populations and Low Income Populations ` 59 7629' 16' Authority: Pub. L. 101 410.28 U. S. C. 2461 1994). This action is not subject to Executive Order 13211, Actions Concerning Regulations That p19.1 Applicability. Significantly Affect Energy Supply, This part applies to each statutory Distribution, or Use ( 66 FR 28355, May provision under the laws administered 22,2001) because it is not a significant regulatory action under Executive Order the Protection concerning the maximum civil monetary penalty which may he 12866.

Congressional Review Act assessed in either civil judicial or administrative proceedings U. S. C. 801 et seq., as added by the Small 019,2 Effective date, Business Regulatory Enforcement Fairness Act of 1996, generally provides The increased penalty set that before a rule may take effect, the forth in this Part apply to all violations agency promulgating the rule must under the applicable statutes and copy of the rule, to each House of the . 2o02. Congress and to the Comptroller General 619.3 peseweq of the United States. EPA will submit a report containing this rule and other required information to the US. Senate. the US. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it actions that are based on a ealth or safety INFLATION 19.1 A plicability. 19.2 Ekctive Date.

19.4 penalty adjustment and table.

note; Pub. L. 104 134, 31 U. S. C. 3701 note.

The Congressional Review Act, 5 a rule which includes a regulations which occur after August 19,

019.4 Penalty adjustment and table. The adjusted statutory penalty provisions and their maximum applicable amounts are set out in Table 1. The last column in the table provides the newly effective maximum penalty amounts.

TABLE 1. OF SECTiON 19.4. cIVIL MONETARY PENALTY INFLATION ADJUSTMENTS I New maximum penal& amount ldoilaml US. Code citation I Civil monetary penalty description

U. S. Code citation 41346 Federal Re& ter/ Vol. 67, No. 117 / Tuesday, June 18. 2002 / Rules and Regulations 7 U. S. C. 136I.( a)( 2) ........................

15 U. S. C. 2615( a) .......................... 15 U. S. C. 2647( a) ..........................

31 U. S. C. 3802( a)( 1) ......................

31 U. S. C. 3802( a)( 2) ........ :.............

33 U. S. C. 1319( d) .......................... 33 U. S. C. 1319( g)( Z)( A) .................

33 U. S. C. 1319( g)( 2)( B) .................

33 U. S. C. 1321( b)( 6)( 8)( 1) .............

33 U. S. C. 1321( b)( 6)( E)( ii) .............

33 U. S. C. 1321( b)( 7)( A) ___..............

33 U. S. C. 1321( b)( 7)( B) .................

33 U. S. C. 1321( b)( 7)( C) .................

33 U. S. C. 1321( b)( 7)( D) .................

33 U. S. C. 1414b( d) ........................

33 U. S. C. 1415( a) ..........................

42 U. S. C. 300g3( b) ......................

42 U. S. C. 300* 3( c) ......................

42 U. S. C. 300* 3( g)( 3)( A)

42 U. S. C. 300p3( g)( 3)( B)

42 U. S. C. 300* 3( g)( 3)( C) .............,

42 U. S. C. 300h Z( b)( l) ...................

42 U. S. C. 300M( c)( l) ................_..

42 U. S. C. 3OOh Z( c)( 2) ...................

42 U. S. C. 300M( c)( l) ...................

42 U. S. C. 300h 3( c)( 2) ...................

42 U. S. C. 300i( b) ............................

42 U. S. C. 300cl( c)

42 U. S. C. 300j( e)( 2)

42 U. S. C. 300j 4( c) ........................

42 U. S. C. 300@( b)( 2) ....................

42 U. S. C. 300j 23( d) ......................

42 U. S. C. 4852d( b)( 5) ........___.........,

42 U. S. C. 4910( a)( 2) 42 U. S. C. 6926( a)( 3)

42 U. S. C. 6928( c) ......... Civil monetaly penalty description FEDERAL INSECTICIDE, FUNGICIDE, a RODENTICIDE ACT civiL PENALTY4RIVATE APPLICATORS FIRST AND SUESE

' QUENT OFFENSES OR VIOLATIONS. TOXIC SUBSTANCES CONTROL ACT CIVIL PENALTY ................... ASBESTOS HAZARD EMERGENCY RESPONSE ACT CIVIL PEN

PROGRAM FRAUD CIVIL REMEDIES ACTNIOLATION INVOLVING ALTY.

FALSE CLAIM.

. . . . , . . CLEAN WATER ACT VIOLATIONICIVIL JUDICIAL PENALTY OF CLEAN WATER ACT VIOLATIONICIVIL JUDICIAL PENALN OF SEC 3110). CLEAN WATER ACT VlOLATlONlMlNlMUM CIVIL JUDICIAL PEN ALTY OF SEC 311( b)( 3) PER VIOLATION OR PER BARREU UNIT. MARINE PROTECTION, RESEARCH 8 SANCTUARiES ACT VIOL SEC 104b( d). MARINE PROTECTION RESEARCH AND SANCTUARIES ACT VIO

SAFE DRINKING WATER ACTlClVlL JUDICIAL PENALN OF SEC SAFE DRINKING WATER ACTICIVIL JUDICIAL PENALTY OF SEC SAFE DRINKING WATER ACTICIVIL JUDICIAL PENALTY OF SEC SEC 311( c) a ( e)( I)( E).

LATIONS FIRST a SUBSEQUENT VIOLATIONS.

1414( b).

1414( c).

1414faM3Mal. 1 1 1 1 ~ 1 ~ ~ 1 SAFE DRINKING WATER ACTlMAXlMUM ADMINISTRATIVE PEN

SAFE DRINKING WATER ACTTHRESHOLD REQUIRING CIVIL JU

SDWNCIVIL JUDICIAL PENALTYNIOLATIONS OF REQS UN

SDWNClVlL ADMIN PENALNNIOLATIONS OF UIC R E Q W E R SDWNClVlL ADMlN PENALNNIOLATIONS OF UIC REQS PER SDWANlOLATlONlOPERATlON OF NEW UNDERGROUND INJEC

SDWANYILLFUL VIOLATION/ OPERATION OF NEW UNDER

SDWNFAILURE TO COMPLY WITH IMMINENT AND SUESTAN

SDWNAlTEMPTiNG TO OR TAMPERING WITH PUBLIC WATER SDWNFAILURE TO COMPLY WIORDER ISSUED UNDER SEC.

SDWNREFUSAL TO COMPLY WITH REQS. OF SEC. 14451a1 OR ALTIES PER SEC 1414( g)( 3)( E).

DICIAL ACTION PER SEC 1414( g)( 3)( C).

DERGROUND INJECTION CONTROL ( UIC).

VIOLATION AND MAXIMUM.

VIOLATION AND MAXIMUM.

TION WELL.

GROUND INJECTION WELL.

TlAL ENDANGERMENT ORDER.

SYSTEWCIVIL JUDICIAL PENALTY.

1441( C)( l). . . ( b). SDWNFAILURE TO COMPLY WITH ADMIN. ORDER ISSUED TO SDWANlOLATlONSlSECTlON 1463( bHlRST OFFENSHREPEAT FEDERAL FACILITY.

OFFFNSF I  . . _. RESIDENTIAL LEAD BASED PAINT HAZARD REDUCTION ACT OF NOISE CONTROL ACT OF 19724IVIL PENALTY ........................... 1992. SEC IOIB CIVIL PENALTY.

RESOURCE CONSERVATION a RECOVERY ACTNIOLATION SUBTITLE C ASSESSED PER ORDER.

COMPLIANCE ORDER. RES. CONS. 8 REC. ACTICONTINUED NONCOMPLIANCE OF 1992 SEC i n i g i v i i PFNAI TY . .  . . . . . . . . . . . .. . . . . New maximum penalty amount ( dollan)

63011,300 31,500 6,200 6,200 6.200 31,500 12,000/ 31.600 12,0001157,500 12,000131,500 12.0001157.560 31.500 or 1,300 per barrel or unit 31.500 31.500 125,000 or 3,700 per barrel or unit 750 62,0001157.500 31.500 31,500 31.500 ~, 200128.000 28.000 31,500 12,0001157,500 3,20011 57.500 3,200 12.000 17.000 25,000162,000 3.150 31,500 ! 6.000 ~. 200162,000 12.000 12,000 31,500 31,500 1 Federal Register/ Vol. 67, No. 117/ Tuesday, June 18, 20021Rules and Regulations 41347 U. S. Code citation 42 U. S. C. 6928( g) ...........................

42 U. S. C. 6928( h)( 2)

42 U. S. C. 6934( e)

42 U. S. C. 6973( b)

42 U. S. C. 6991e( a)( 3)

42 U. S. C. 6991e( d)( l)

42 U. S. C. 6991e( d)( 2)

42 U. S. C. 6992d( a)( 2)

42 U. S. C. 6992d( a)( 4) .....................

42 U. S. C. 6992d( d) .........................

42 U. S. C. 7413( b) ...........................

42 U. S. C. 7413( d)( i) .............. : ........

42 U. S. C. 7413( d)( 3) .......................

42 U. S. C. 7524( a) ...........................

42 U. S. C. 7524( a) ...........................

42 U. S. C. 7524( c) ...........................

42 U. S. C. 7545 d 42 U. S. C. 9604{ e](

42 U. S. C. 9606( b)( l) .......................

42 U. S. C. 9609( a) 8 ( b) ............__._..

42 U. S. C. 9609 b 42 U. S. C. 96091~ 1 ...........................

42 U. S. C. 9609( c) ...........................

42 U. S. C. 11045( a) 8 ( b)( l). ( 2) 8 ( 3). 42 U. S. C. 11045( bp) a ( 3) ...........

42 U. S. C. 11045( c)( I)

42 U. S. C. 11045( c)( 2) .....................

42 U. S. C. 11045( d)( l) ..................... Civil monetary penalty description RESOURCE CONSERVATION a RECOVERY ACTNIOLATION RES. CONS. a REC. ACTINONCOMPLIANCE OF CORRECTIVE RES. CONS. a REC. ACTINONCOMPLIANCE WITH SECTION 3013 RES. CONS. a REC. ACTNIOLATIONS OF ADMINISTRATIVE RES. CONS. a REC. ACTINONCOMPLIANCE WITH UST ADMINIS

RES. CONS. a REC. ACTIFAILURE TO NOTIFY OR FOR SUBMIT SUBTITLE C.

ACTION ORDER.

ORDER.

ORDER.

TRATIVE ORDER.

TlNG FALSE INFORMATION.

MENTS.

ASSESSED THRU ADMlN ORDER.

ADMINISTRATIVE ORDER.

ClAL PENALTIES.

TIONARY AIR POLLUTION SOURCEUUDICIAL PENALTIES.

TIONARY AIR POLLUTION SOURCEWDMINISTRATIVE PEN

CLEAN AIR ACTMNOR VIOLATIONS/ STATIONARY AIR POLLU TION SOURCES FIELD CITATIONS. TAMPERING OR MANUFACTUREEALE OF DEFEAT DEVICES IN VIOLATION OF 7522( a ( 3 ( A OR ( a)( 3 B) BY PERSONS. VIOLATION OF 7522( a)(& A) b R ( a)( 3)(& BY MANUFACTURERS OR DEALERS: ALL VIOLATIONS OF 7522( a)( I), ( 2). ( 4). 8 ( 5) BY ANYONE. ADMINISTRATIVE PENALTIES AS SET IN 7524( a) 8 7545( d) WITH A MAXIMUM ADMINISTRATIVE PENALTY VIOLATIONS OF FUELS REGULATION RCWIOLATIONS OF SPECIFIED UST REGULATORY REQUIRE

RCWNONCOMPLIANCE WlMEDlCAL WASTE TRACKING ACT RCWNONCOMPLIANCE WlMEDlCAL WASTE TRACKING ACT RCRANIOLATIONS OF MEDICAL WASTE TRACKING ACTAUDI

CLEAN AIR ACTNIOLATION~ OWNERS a OPERATORS OF STA

CLEAN AIR ACTNIOLATIONIOWNERS a OPERATORS OF STA

ALTIES PER VIOLATION a MAX.

SUPERFUND'AMEND. a REAUTHOR ANCE WIREQUEST FOR INFO OR ACCESS.

TIAL ENDANGERMENT.

SECT. 9603, 9608. OR 9622. SUPERFUNDNVORK NOT PERFORMED W/ IMMINENT. SUBSTAN

SUPERFUNDIADMIN. PENALTY VIOLATIONS UNDER 42 U. S. C.

SUPERFUNDIADMIN. PENALTY VIOLATIONMUBSEQUENT ....., SUPERFUNDICIVIL JUDICIAL PENALTYNIOLATIONS OF SECT.

SUPERFUNDlClVlL JUDICIAL PENALTYEUBSEQUENT VIOLA

EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW 9603, 9608, 9622.

TIONS OF SECT. 9603, 9608. 9622.

ACT CLASS I a II ADMINISTRATIVE AND CIVIL PENALTIES. EPCRA CLASS I a II ADMINISTRATIVE AND CIVIL PENALTIES SUBSEQUENT VIOLATIONS. EPCRA CIVIL AND ADMINISTRATIVE REPORTING PENALTIES FOR VIOLATIONS OF SECTIONS 11022 OR 11023. EPCRA CIVIL AND ADMINISTRATIVE REPORTING PENALTIES FORVIOLATIONS OF SECTIONS 11021 OR 11043( b). EPCRA4RIVOLOUS TRADE SECRET CLAIMS CIVIL AND AD MINISTRATIVE PENALTIES. New maximum penally amount ( dollars)

31,500 31.500 6,200 6,200 31,500 12,000 12,000 31.500 31.500 31,500 31.500 31,5001250,000 6.200 3.150 31,500 250,000 31,500 31,500 31,500 31,500 92,500 31.500 92,500 31,500 92,500 31,500 12,000 $ 31.500 PART 27+ AMENDED]

2. The authority citation for part 27 continues to read as follows:

Authority: 31 U. S. C. 3601 3812: Pub. L. 101 410.104 Stat. 690, 28 U. S. C. 2461 note; Pub L. 104 134.110 Stat. 1321, 31 U. S. C. 3701 note.

3. Section 27.3 is amended by revising paragraphs ( a)( l)( iv) and ( b)( l)( ii) to read as follows: 021.3 Bask for civil penalties and assessments.

( a) * * ( 1) * f * ( iv) Is for payment for the provision of property or services which the person has not provided as claimed, shall he subject. in addition to any other remedy that may be prescribed by law, to a civil penalty of not more than $ 6,200 1 for each such claim. * . * * * ( b) * * * ( 1) * * ( ii) Contains, or is accompanied by, an express certification or affirmation of 2 As adjusted in accordance with ths Federal Civil Penellies Inflation Adjustment Act of 1990 [ pub. L. 101 410.104 Stst. 8901, as amended by the Deb1 Collection hpmvemenl Act of 1996 ( Pub. L. 104 134,110Slat. 1321). 41348 . Federal Register/ Vol. 67, No. 117/ Tuesday, June 18, 20021Rules and Regulations the truthfulness and accuracy of the contents of the statement, shall be subject, in addition to any other remedy that may he prescribed by law, to a civil penalty of not more than $ 6,2002 for each such statement.

[ FR Doc. 02 15190 Filed 6 1 7 4 2 : 8: 45 aml BlLUNG CODE w. '

* * * . .

DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Pad 571 [ Docket No. 02 124801 RIN 2127 Al86 Federal Motor Vehicle Safety Standards; Head Impact Protection AGENCY: National Highway Traffic Safety Administration ( NHTSA], Department of Transportation [ DOT). ACTION: Interim final rule, request for comments.

SUMMARY: This interim final rule amends the schedule for compliance by manufacturers of vehicles built in two or more stages with the upper interior ~

head protection requirements of Federal Motor Vehicle Safety Standard No. 201, Occupant Protection in Interior impact. This intbrim final rule delays the date on which manufacturers of vehicles built in two or more stages must produce vehicles meeting the upper interior head protection performance requirements of Standard No. 201 from September 1. 2002, until September 1, 2003. The agency is issuing this interim final rule to provide the agency time to complete a rulemakiing action initiated by petitions for rulemaking requesting that NHTSA consider modifying the requirements of Standard No. 201 as they apply to vehicles manufactured in two or more stages. As that rulemaking action may result in modification of Standard No. 201 as it applies to these multi stage vehicles, the agency has decided to extend the compliance date until the final action is taken on the petitions, It expects to take final action before September 1,2003. DATES: This interim final rule becomes effective on July 18,2002. Comments on this interim rule are due no later than August 19,2002.

Penalties Innation Adjusunenl Act of 1990 ( Pub. L. 101 410.104 Stet. 890). as amended by the DBbt Collection lmpmvernent Act of 1996 ( Pub. L. 104 134.110StBl. 13211. ' As adjusted in accordance wilh ths Federal Civil ADDRESSES: You may submit your comments in writing or electronically. Written comments should refer to the docket number of this notice and he submitted ( preferably in two copies1 to: Docket Management, P 01, Nassif Building, 400 Seventh Street, SW., Washington, DC 20590. ( Docket hours are Monday Friday from 10 a. m. to 5 pm., excluding holidays.) Electronic comments can he submitted through the worldwide web at http:// dms. dot. gov. FOR FURTHER INFORMATION CONTACT,: For non legal issues, you may call Dr. William Fan, Office of Crashworthiness Standards, at ( 202) 366 4922, facsimile ( 202) 3664329. For legal issues, you may call Otto Matheke, Office of the Chief Counsel, at 202 366 5263. SUPPLEMENTARY INFORMATION:

Table of Cantents added proc6dures for a new in vehicle component test in which a Free Motion Headform ( m) is fired at certain target locations on the upper interior of a vehicle at an impact speed of up to and including 24 kmlh ( 15 mph). Data collected from a FMH impact are translated into a value known as a Head Injury Criterion ( HIC] score. The resultant HIC must not exceed 1000.

April 8.1997 ( 62 FR 16718). provides manufacturers with four alternate phase in schedules for complying with the upper interior impact requirements. First, as set forth in S6.1.1. manufacturers may comply by having the following percentages of their production meet the upper interior impact requirements: 10 percent of production on or after September 1. 1998 and before September 1,1999; 25 percent of production on or after September I, 1999 and before September 1,2000, 40 percent of production on or after September 1, 2000 and before Seotemher 1.2001.70 The standard. as further amended on . . . . _. . 111. Standard 201 and Vehicles Built in Two or More Stages IV. Interim Final Rule percent of productibn on or after September 1,2001 and before Seutember 1.2002. and 100 nercent of V Written Comments VI Regulatury Analyses nnd Notices prbduction after Scptembcr i, 2002. Second, an alternative schedule set I. Background 18, 1995, amending Federal Motor Vehicle Safety Standard No. 201. Occupant Protection in Interior Impact, to require passenger cars, and trucks, buses and multipurpose passenger vehicles with a gross vehicle weight rating of 4,536 kilograms ( 10,000 pounds) or less, to provide head protection during a crash when an occupant's head strikes the upper interior, i. e., the roof pillars, side rails, headers. and the roof itself of the vehicle. ( 60 FR 430341) The final rule responded to the NHTSA Authorization Act of 1991 ( sections 2500 2509 of the Internodal Surface Transportation Efficiency Act (" ISTEA']), Pub. L. 102 240). ISTEA required NHTSA to address several vehicle safety matters through rulemaking. One of these matters, set forth in section 2503( 5), is improved bead impact protection from interior components ( i. e,, roof rails, pillars, and front headers) of passenger cars. The final rule, which mandated compliance with the new requirements beginning on September 1, 1998, significantly expanded the scope of Standard 201. Previously, the standard applied to the instrument panel, seat hacks, interior compartment doors, arm rests and sun visors. To determine compliance with the upper interior impact requirements, the final rule NHTSA issued a final rule on August forth in 56.1.2 provides that manufacturers may comply hy. meeting the following phase in schedule: 7 percent of the vehicles manufactured on or after September 1,1998 and before September 1,1999; 31 percent of vehicles manufactured on or after September 1,1999 and before September 1,2000: 40 percent of vehicles manufactured on or after September 1,2000 and before September 1,2001; 70 percent of vehicles manufactured on or after September 1.2001 and before September 1.2002; and 100 percent of all vehicles manufactured after Se temher 1, 2002. fhird, under the phase in schedule set forth in S6.1.3, manufacturers need not produce any complying vehicles before September 1, 1999. However, all vehicles produced on or after that date must comply. Fourth, 56.1.4 of the April 8,1997 final rule provided that multi stage vehicles produced after September 1, 2002, were required to comply. 11. Petitions for Rulemaking The Recreation Vehicle Industry Association ( RVIA) filed a petition for rulemaking on October 4,2001 requesting that the agency modify Standard No. 201 to exclude conversion vans and motor homes with gross vehicle weight rating of 4,536 kilograms ( 10,000 pounds) or less, from the application of the upper interior head


[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Proposed Rules]
[Pages 44722-44724]
[FR Doc No: 2014-18144]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0516; Directorate Identifier 2014-CE-021-AD]
RIN 2120-AA64

Airworthiness Directives; Pacific Aerospace Limited Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Pacific Aerospace Limited Model 750XL airplanes that would supersede AD
2014-04-03. This proposed AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as broken
control column attachment bolts failing in service. We are issuing this
proposed AD to require actions to address the unsafe condition on these
products.

DATES: We must receive comments on this proposed AD by September 15,
2014.

ADDRESSES: You may send comments 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Pacific Aerospace Limited, Hamilton Airport, Private Bag 3027 Hamilton
3240, New Zealand; telephone: +64 7 843 6144; fax: +64 7 843 6134;
email<EMAIL_ADDRESS>Internet: http://www.aerospace.co.nz/.
You may review copies of the referenced service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
For information on the

availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0516; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0516;
Directorate Identifier 2014-CE-021-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://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

    On February 10, 2014, we issued AD 2014-04-03, Amendment 39-17761
(79 FR 10344, February 25, 2014). That AD required actions intended to
address an unsafe condition on all Pacific Aerospace Limited Model
750XL airplanes and was based on mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country.
    Since we issued AD 2014-04-03, Amendment 39-17761 (79 FR 10344,
February 25, 2014), Pacific Aerospace Limited revised the related
service information.
    The Civil Aviation Authority (CAA), which is the airworthiness
authority for New Zealand, has issued AD DCA/750XL/15A, dated June 26,
2014 (referred to after this as ``the MCAI''), to correct an unsafe
condition for Pacific Aerospace Limited Model 750XL airplanes. The MCAI
states:

    DCA/750XL/15A revised to mandate the embodiment of modification
PAC/XL/0627 to the control column attachment per the instructions in
Pacific Aerospace Limited Service Bulletin (SB) PACSB/XL/070 issue
2, dated 3 June 2014.

You may examine the MCAI on the Internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2014-0516.

Relevant Service Information

    Pacific Aerospace Limited has issued Service Bulletin PACSB/XL/070,
Issue 2, dated June 3, 2014. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of the Proposed AD

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

Costs of Compliance

    We estimate that this proposed AD will affect 17 products of U.S.
registry. We also estimate that it would take about 6 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $200 per product.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $12,070, or $710 per product.
    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.
    The cost difference between AD 2014-04-03, Amendment 39-17761 (79
FR 10344, February 25, 2014), and this proposed AD is the increase in
work-hours from 1.5 to 6 and the increase in cost for parts from $100
to $200, for an overall cost difference on U.S. operators to be
$8,202.50, or $482.50 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. Amend Sec.  39.13 by removing Amendment 39-17761 (79 FR 10344,
February 25, 2014), and adding the following new AD:

Pacific Aerospace Limited: Docket No. FAA-2014-0516; Directorate
Identifier 2014-CE-021-AD.

(a) Comments Due Date

    We must receive comments by September 15, 2014.

(b) Affected ADs

    This AD supersedes AD 2014-04-03, Amendment 39-17761 (79 FR
10344, February 25, 2014).

(c) Applicability

    This AD applies to Pacific Aerospace Limited Model 750XL
airplanes, all serial numbers, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 27: Flight
Controls.

(e) Reason

    This AD was prompted from mandatory continuing airworthiness
information (MCAI) issued by the aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as control column
attachment bolts failing in service. We are issuing this AD to
prevent failure of the control column attachment bolt, which could
result in control column detachment and cause loss of control.

 (f) Actions and Compliance

    Unless already done, do the following actions in paragraphs
(f)(1) and (f)(2) of this AD:
    (1) As of February 24, 2014 (the effective date of AD 2014-04-
03, Amendment 39-17761 (79 FR 10344, February 25, 2014)), if the
left hand and the right hand control column attachment bolts have
been replaced following the ACCOMPLISHMENT INSTRUCTIONS in Pacific
Aerospace Limited Mandatory Service Bulletin PACSB/XL/070, Issue 1,
dated January 24, 2014, then within the next 150 hours time-in-
service (TIS) after the effective date of this AD, replace the left
hand and the right hand control column attachment bolts following
the ACCOMPLISHMENT INSTRUCTIONS in Pacific Aerospace Limited
Mandatory Service Bulletin PACSB/XL/070, Issue 2, dated June 3,
2014.
    (2) As of February 24, 2014 (the effective date of AD 2014-04-
03, Amendment 39-17761 (79 FR 10344, February 25, 2014)), if the
left hand and the right hand control column attachment bolts have
not been replaced following the ACCOMPLISHMENT INSTRUCTIONS in
Pacific Aerospace Limited Mandatory Service Bulletin PACSB/XL/070,
Issue 1, dated January 24, 2014, then within the next 10 hours TIS
after the effective date of this AD, replace the left hand and the
right hand control column attachment bolts following the
ACCOMPLISHMENT INSTRUCTIONS in Pacific Aerospace Limited Mandatory
Service Bulletin PACSB/XL/070, Issue 2, dated June 3, 2014.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs):
    (i) The Manager, Standards Office, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. Send information to ATTN: Karl Schletzbaum,
Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (ii) AMOCS approved for AD 2014-04-03, Amendment 39-17761 (79 FR
10344, February 25, 2014) are not approved as AMOCs for this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(h) Related Information

    Refer to MCAI Civil Aviation Authority (CAA) AD DCA/750XL/15A,
dated June 26, 2014, for related information. You may examine the
MCAI on the Internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2014-0516. For service information
related to this AD, contact Pacific Aerospace Limited, Hamilton
Airport, Private Bag 3027 Hamilton 3240, New Zealand; telephone: +64
7 843 6144; fax: +64 7 843 6134; email<EMAIL_ADDRESS>
Internet: http://www.aerospace.co.nz/. You may review copies of the
referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.

    Issued in Kansas City, Missouri, on July 28, 2014.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-18144 Filed 7-31-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Notices]
[Pages 76005-76006]
[FR Doc No: 2010-30626]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2007-0544; FRL-9236-1]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NSPS and NESHAP for Pulp and
Paper Sector Residual Risk and Technology Review (RTR); EPA ICR No.
2393.01, OMB Control No. 2060-NEW

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
for review and approval. This is a request for a new collection. The
ICR, which is abstracted below, describes the nature of the information
collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before January 6,
2011.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2007-0544, to (1) EPA on-line using www.regulations.gov (our
preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to:
Air and Radiation Docket and Information Center, Environmental
Protection Agency, Mailcode: 22821T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, and (2) Office of Management and Budget (OMB) by
mail to: Office of Information and Regulatory Affairs, Office of
Management and Budget, Attention: Desk Officer for EPA, 725 17th
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Bill Schrock, Office of Air Quality
Planning and Standards, Mail Code E143-03, Environmental Protection
Agency, Research Triangle Park, North Carolina 27711; telephone number:
(919) 541-5032; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On June 23, 2010 (75 FR 35792), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received three comments during the
comment period, which are addressed in the ICR. Any additional comments
on this ICR should be submitted to EPA and OMB within 30 days of this
notice.
    EPA has established a public docket for this ICR under Docket ID
Number EPA-HQ-OAR-2007-0544, which is available for on-line viewing at
http://www.regulations.gov, or in person viewing at the Air and
Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Reading
Room is<PHONE_NUMBER>, and the telephone number for the Air and
Radiation Docket is<PHONE_NUMBER>.
    Use http://www.regulations.gov to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket ID number
identified in this document. Please note that EPA's policy is that
public comments, whether submitted electronically or in paper, will be
made available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://www.regulations.gov.
    Title: NSPS and NESHAP for Pulp and Paper Sector Residual Risk and
Technology Review (RTR).
    ICR numbers: EPA ICR Number 2393.01, OMB Control Number 2060-New.
    ICR Status: This ICR is for a new information collection activity.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in Title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, displayed either by publication
in the Federal Register or by other appropriate means, such as on the
related collection instrument or form, if applicable. The display of
OMB control numbers in certain EPA regulations is consolidated in 40
CFR part 9.
    Abstract: This ICR is being conducted by EPA's Office of Air and
Radiation to assist the EPA Administrator, as required by sections
111(b), 112(d), and 112(f)(6) of the Clean Air Act (CAA) to determine
the current affected population of pulp and paper processes and to re-
evaluate emission standards for this source category. The three Federal
emission standards that are the subject of this information collection
include: (1) Standards of Performance for Kraft Pulp Mills (40 CFR part
60, subpart BB), (2) National Emission Standards for Hazardous Air
Pollutants from the Pulp and Paper Industry (40 CFR part 63, subpart
S), and (3) National Emission Standards for Hazardous Air Pollutants
for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and
Stand-Alone Semichemical Pulp Mills (40 CFR part 63, subpart MM).
    The pulp and paper production source category includes any facility
engaged in the production of pulp and/or paper. This category includes,
but is not limited to, integrated mills (where pulp alone or pulp and
paper or paperboard are manufactured on-site), non-integrated mills
(where paper/paperboard or pulp are manufactured, but not both), and
secondary fiber mills (where waste paper is used as the primary raw
material). The pulp and paper production process units include
operations such as pulping, bleaching, chemical recovery, and
papermaking. Different pulping processes are used, including chemical
processes (kraft, soda, sulfite, and semi-chemical) and mechanical,
secondary fiber, or non-wood processes.
    This one-time collection will solicit information under the
authority of CAA section 114. The data collected will be used to update
facility information and equipment configuration, develop new estimates
of the population of affected units, and identify the control measures
and alternative emission limits being used for compliance with the
existing rules that are under review. This information, along with
other information, will be used to establish a baseline for purposes of
the regulatory reviews. The emissions test data (test reports and
continuous emissions monitoring systems (CEMS) data) collected will be
used to verify the performance of existing control measures, examine
variability in emissions, evaluate emission limits, and to determine
the performance of superior control measures considered

for purposes of reducing residual risk or as options for best
demonstrated technology under the NSPS review. Emissions data will also
be used along with process and emission unit details to consider
subcategories for further regulation and to estimate the environmental
and cost impacts associated with any regulatory options considered.
    Respondents/Affected Entities: Respondents affected by this action
are owners/operators of mills that are major sources of hazardous air
pollutant (HAP) emissions and produce pulp, perform bleaching, or
manufacture paper or paperboard products, including: mills that carry
out chemical wood pulping (kraft, sulfite, soda, or semi-chemical),
mills that carry out mechanical, groundwood, secondary fiber, and non-
wood pulping, mills that perform bleaching, and mills that manufacture
paper or paperboard products.
    Mills that only purchase pre-consumer paper or paperboard products
and convert them into other products (i.e., converting operations) are
not affected by this action.
    Estimated Number of Respondents: 386 facilities.
    Frequency of Response: One time.
    Estimated Total Annual Hour Burden: 183,746.
    Estimated Total Annual Cost: $17,386,690. This includes an
estimated burden cost of $17,379,742 and an estimated cost of $6,948
for capital investment or maintenance and operational costs.

    Dated: December 1, 2010.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2010-30626 Filed 12-6-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Rules and Regulations]
[Pages 21090-21091]
[FR Doc No: 2023-07216]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0037; Airspace Docket No. 23-ASW-1]
RIN 2120-AA66

Amendment of Class E Airspace; Sulphur Springs, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class E airspace at Sulphur Springs,
TX. This action is due to an airspace review conducted as part of the
decommissioning of the Sulphur Springs very high frequency
omnidirectional range (VOR) as part of the VOR Minimum Operating
Network (MON) Program.

DATES: Effective 0901 UTC, June 15, 2023. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11 and
publication of conforming amendments.

ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all
comments received, this final rule, and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are

available on the website. It is available 24 hours each day, 365 days
each year.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends the Class E airspace extending upward from 700 feet above
the surface at Sulphur Springs Municipal Airport, Sulphur Springs, TX,
to support instrument flight rule operations at this airport.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2023-0037 in the Federal Register (88 FR 3936; January 23, 2023)
amending the Class E airspace at Sulphur Springs, TX. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received.

Incorporation by Reference

    Class E airspace designations are published in paragraph 6005 of
FAA Order JO 7400.11, Airspace Designations and Reporting Points, which
is incorporated by reference in 14 CFR 71.1 on an annual basis. This
document amends the current version of that order, FAA Order JO
7400.11G, dated August 19, 2022, and effective September 15, 2022. FAA
Order JO 7400.11G is publicly available as listed in the ADDRESSES
section of this document. These amendments will be published in the
next update to FAA Order JO 7400.11.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Rule

    This amendment to 14 CFR part 71 modifies the Class E airspace
extending upward from 700 feet above the surface at Sulphur Springs
Municipal Airport, Sulphur Springs, TX, by removing the Brashear radio
beacon (RBN) and associated airspace extension as they are no longer
needed; and adds an extension 2 miles each side of the 190[deg] bearing
from the airport extending from the 6.5-mile radius of the airport to
9.4 miles south of the airport.

Regulatory Notices and Analyses

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

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASW TX E5 Sulphur Springs, TX [Amended]

Sulphur Springs Municipal Airport, TX
    (Lat. 33[deg]09'35'' N, long. 95[deg]37'16'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Sulphur Springs Municipal Airport; and
within 2 miles each side of the 190[deg] bearing from the airport
extending from the 6.5-mile radius to 9.4 miles south of the
airport.

    Issued in Fort Worth, Texas, on April 3, 2023.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2023-07216 Filed 4-7-23; 8:45 am]
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