[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Rules and Regulations]
[Pages 71676-71679]
[FR Doc No: 2014-28384]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

 [EPA-HQ-OPP-2014-0682; FRL-9918-41]

Oxirane, Phenyl, Polymer With Oxirane, Monooctyl Ether; Tolerance
Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of oxirane, phenyl, polymer with oxirane,
monooctyl ether; when used as an inert ingredient in a pesticide
chemical formulation. Envonik Corporation submitted a petition to EPA
under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an
exemption from the requirement of a tolerance. This regulation
eliminates the need to establish a maximum permissible level for
residues of oxirane, phenyl, polymer with oxirane, monooctyl ether on
food or feed commodities.

DATES: This regulation is effective December 3, 2014. Objections and
requests for hearings must be received on or before February 2, 2015,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2014-0682, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The 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 Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division
(RD) (7505P), Office of Pesticide Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main
telephone number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. Can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2014-0682 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
February 2, 2015. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2014-0682, by one of
the following methods.
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background and Statutory Findings

    In the Federal Register of October 15, 2014 (79 FR 61844) (FRL-
9917-24), EPA issued a document pursuant to FFDCA section 408, 21
U.S.C. 346a, announcing the receipt of a pesticide petition (PP IN-
10751) filed by Envonik Corporation, P.O. Box 1299, Hopewell, VA 23860.
The petition requested that 40 CFR 180.960 be amended by establishing
an exemption from the requirement of a tolerance for residues of
oxirane, phenyl, polymer with oxirane, monooctyl ether; 83653-00-3.
That document included a summary of the petition prepared by the
petitioner and solicited comments on the

petitioner's request. One comment was received for a notice of filing
from a private citizen.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and use in residential settings, but does not include
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing an exemption from the
requirement of a tolerance and to ``ensure that there is a reasonable
certainty that no harm will result to infants and children from
aggregate exposure to the pesticide chemical residue . . .'' and
specifies factors EPA is to consider in establishing an exemption.

III. Risk Assessment and Statutory Findings

    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be shown that the risks from aggregate
exposure to pesticide chemical residues under reasonably foreseeable
circumstances will pose no appreciable risks to human health. In order
to determine the risks from aggregate exposure to pesticide inert
ingredients, the Agency considers the toxicity of the inert in
conjunction with possible exposure to residues of the inert ingredient
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings. If EPA is able to
determine that a finite tolerance is not necessary to ensure that there
is a reasonable certainty that no harm will result from aggregate
exposure to the inert ingredient, an exemption from the requirement of
a tolerance may be established.
    Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness and reliability
and the relationship of this information to human risk. EPA has also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, including
infants and children. In the case of certain chemical substances that
are defined as polymers, the Agency has established a set of criteria
to identify categories of polymers expected to present minimal or no
risk. The definition of a polymer is given in 40 CFR 723.250(b) and the
exclusion criteria for identifying these low-risk polymers are
described in 40 CFR 723.250(d). Oxirane, phenyl, polymer with oxirane,
monooctyl ether; 83653-00-3 conforms to the definition of a polymer
given in 40 CFR 723.250(b) and meets the following criteria that are
used to identify low-risk polymers.
    1. The polymer is not a cationic polymer nor is it reasonably
anticipated to become a cationic polymer in a natural aquatic
environment.
    2. The polymer does contain as an integral part of its composition
the atomic elements carbon, hydrogen, and oxygen.
    3. The polymer does not contain as an integral part of its
composition, except as impurities, any element other than those listed
in 40 CFR 723.250(d)(2)(ii).
    4. The polymer is neither designed nor can it be reasonably
anticipated to substantially degrade, decompose, or depolymerize.
    5. The polymer is manufactured or imported from monomers and/or
reactants that are already included on the TSCA Chemical Substance
Inventory or manufactured under an applicable TSCA section 5 exemption.
    6. The polymer is not a water absorbing polymer with a number
average molecular weight (MW) greater than or equal to 10,000 daltons.
    7. The polymer does not contain certain perfluoroalkyl moieties
consisting of a CF3- or longer chain length as specified in 40 CFR
723.250(d)(6).
    Additionally, the polymer also meets as required the following
exemption criteria specified in 40 CFR 723.250(e).
    8. The polymer's number average MW of 1,200 is greater than 1,000
and less than 10,000 daltons. The polymer contains less than 10%
oligomeric material below MW 500 and less than 25% oligomeric material
below MW 1,000, and the polymer does not contain any reactive
functional groups.
    Thus, oxirane, phenyl, polymer with oxirane, monooctyl ether meets
the criteria for a polymer to be considered low risk under 40 CFR
723.250. Based on its conformance to the criteria in this unit, no
mammalian toxicity is anticipated from dietary, inhalation, or dermal
exposure to oxirane, phenyl, polymer with oxirane, monooctyl ether.

IV. Aggregate Exposures

    For the purposes of assessing potential exposure under this
exemption, EPA considered that oxirane, phenyl, polymer with oxirane,
monooctyl ether could be present in all raw and processed agricultural
commodities and drinking water, and that non-occupational non-dietary
exposure was possible. The number average MW of oxirane, phenyl,
polymer with oxirane, monooctyl ether is 1,200 daltons. Generally, a
polymer of this size would be poorly absorbed through the intact
gastrointestinal tract or through intact human skin. Since oxirane,
phenyl, polymer with oxirane, monooctyl ether conform to the criteria
that identify a low-risk polymer, there are no concerns for risks
associated with any potential exposure scenarios that are reasonably
foreseeable. The Agency has determined that a tolerance is not
necessary to protect the public health.

V. Cumulative Effects From Substances With a Common Mechanism of
Toxicity

    Section 408(b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance, the Agency
consider ``available information'' concerning the cumulative effects of
a particular pesticide's residues and ``other substances that have a
common mechanism of toxicity.''
    EPA has not found oxirane, phenyl, polymer with oxirane, monooctyl
ether to share a common mechanism of toxicity with any other
substances, and oxirane, phenyl, polymer with oxirane, monooctyl ether
does not appear to produce a toxic metabolite produced by other
substances. For the purposes of this tolerance action, therefore, EPA
has assumed that oxirane, phenyl, polymer with oxirane, monooctyl ether
does not have a common mechanism of toxicity with other substances. For
information regarding EPA's efforts to determine which chemicals have a
common mechanism of toxicity and to evaluate the cumulative effects of
such chemicals, see EPA's Web site at http://www.epa.gov/pesticides/cumulative.

VI. Additional Safety Factor for the Protection of Infants and Children

    Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an
additional tenfold margin of safety for infants and children in the
case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the data base unless EPA concludes
that a different margin of safety will be safe for infants and

children. Due to the expected low toxicity of oxirane, phenyl, polymer
with oxirane, monooctyl ether, EPA has not used a safety factor
analysis to assess the risk. For the same reasons the additional
tenfold safety factor is unnecessary.

VII. Determination of Safety

    Based on the conformance to the criteria used to identify a low-
risk polymer, EPA concludes that there is a reasonable certainty of no
harm to the U.S. population, including infants and children, from
aggregate exposure to residues of oxirane, phenyl, polymer with
oxirane, monooctyl ether.

VIII. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for oxirane, phenyl, polymer
with oxirane, monooctyl ether.

C. Comments

    One comment was received for a notice of filing from a private
citizen who opposed any pesticide product that leaves a residue above
0.00. The Agency understands the commenter's concerns and recognizes
that some individuals believe that no residue of pesticides should be
allowed. However, under the existing legal framework provided by FFDCA
section 408, EPA is authorized to establish pesticide tolerances or
exemptions where persons seeking such tolerances or exemptions have
demonstrated that the pesticide meets the safety standard imposed by
the statute.

IX. Conclusion

    Accordingly, EPA finds that exempting residues of oxirane, phenyl,
polymer with oxirane, monooctyl ether from the requirement of a
tolerance will be safe.

X. Statutory and Executive Order Reviews

    This action establishes a tolerance under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children From Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
of 1995 (UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA) (15 U.S.C. 272 note).

XI. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: November 24, 2014.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.960, alphabetically add the following polymer to the
table to read as follows:

Sec.  [emsp14]180.960  Polymers; exemptions from the requirement of a
tolerance.

* * * * *

------------------------------------------------------------------------
                          Polymer                              CAS No.
------------------------------------------------------------------------

                                * * * * *
Oxirane, phenyl, polymer with oxirane, monooctyl ether,       83653-00-3
 minimum average molecular weight (in amu) 1,200...........

                                * * * * *
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[FR Doc. 2014-28384 Filed 12-2-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 115 (Monday, June 16, 2014)]
[Rules and Regulations]
[Pages 34240-34242]
[FR Doc No: 2014-13853]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0413; FRL-9912-03-Region-9]

Revisions to the California State Implementation Plan, Great
Basin Unified Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision to the Great Basin Unified Air
Pollution Control District (GBUAPCD) portion of the California State
Implementation Plan (SIP). This revision concerns particulate matter
(PM) emissions from agricultural sources. We are approving a local rule
that regulates these emission sources under the Clean Air Act (CAA or
the Act).

DATES: This rule is effective on August 15, 2014 without further
notice, unless EPA receives adverse comments by July 16, 2014. If we
receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0413, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901.
While all documents in the docket are listed at www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., CBI). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.

FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 972-
3848<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. EPA Recommendations to Further Improve the Rule
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule we are approving with the dates that it was
adopted by the local air agency and submitted by the GBUAPCD.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
          Local agency                Rule No.              Rule title              Adopted         Submitted
----------------------------------------------------------------------------------------------------------------
GBUAPCD.........................             502   Conservation Management            07/07/05         10/20/05
                                                    Practices.
----------------------------------------------------------------------------------------------------------------

    On November 22, 2005 EPA determined that the submittal for GBUAPCD
Rule 502 met the completeness criteria in 40 CFR Part 51 Appendix V,
which must be met before formal EPA review.

B. Are there other versions of this rule?

    There are no previous versions of Rule 502 in the SIP.

C. What is the purpose of the submitted rule?

    PM contributes to effects that are harmful to human health and the
environment, including premature mortality, aggravation of respiratory
and cardiovascular disease, decreased lung function, visibility
impairment, and damage to vegetation and ecosystems. Section 110(a) of
the CAA requires States to submit regulations that control PM
emissions. This rule requires that agricultural owner/operators limit
PM-10 (10 micrograms or smaller in diameter) emissions by selecting and
implementing ``Conservation Management Practices'' or CMPs. EPA's
technical support document (TSD) has more information about this rule.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rule?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act) and must not relax existing requirements (see sections 110(l) and
193). In addition, areas designated and classified as moderate
nonattainment for PM-10 must implement Reasonably Available Control
Measures (RACM), and areas designated and classified as serious
nonattainment for PM-10 must implement Best Available Control Measures
(BACM) (see CAA sections 189(a)(1) and 189(b)(1)). The GBUAPCD
regulates PM-10 nonattainment areas classified as moderate (Mammoth
Lakes and Mono Basin) and serious (Owens Valley) (see 40 CFR Part
81.305).
    Guidance and policy documents that we used to evaluate this rule
include the following:

1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations; Clarification to Appendix D of November 24, 1987 Federal
Register Notice,'' (Blue Book), notice of availability published in
the May 25, 1988 Federal Register.
2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
3. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
4. ``State Implementation Plans for Serious PM-10 Nonattainment
Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas
Generally; Addendum to the General Preamble for the Implementation
of Title I of the Clean Air Act Amendments of 1990,'' 59 FR 41998
(August 16, 1994).
5. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993.
6. ``Fugitive Dust Background Document and Technical Information
Document for Best Available Control Measures,'' EPA 450/2-92-004,
September 1992.

B. Does the rule meet the evaluation criteria?

    We believe this rule is consistent with the relevant requirements
and policy regarding enforceability and SIP revisions. The TSD has more
information on our evaluation.

C. EPA Recommendations to Further Improve the Rule

    The TSD describes additional rule revisions that we recommend for
the next time the local agency modifies the rule.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rule because we believe it fulfills all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rule. If we
receive adverse comments by July 16, 2014, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on August 15, 2014. This will incorporate the
rule into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 15, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the Proposed Rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: May 30, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(342)(i)(D)(2) to
read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (342) * * *
    (i) * * *
    (D) * * *
    (2) Rule 502, ``Conservation Management Practices,'' adopted on
July 7, 2005.
* * * * *
[FR Doc. 2014-13853 Filed 6-13-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Notices]
[Pages 60988-60989]
[FR Doc No: 2020-21460]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EG20-248-000.
    Applicants: Concho Bluff LLC.
    Description: Concho Bluff LLC Notice of Self-Certification of
Exempt Wholesale Generator Status.
    Filed Date: 9/22/20.
    Accession Number: 20200922-5091.
    Comments Due: 5 p.m. ET 10/13/20.

    Docket Numbers: EG20-249-000.
    Applicants: Hill Top Energy Center LLC.
    Description: Self-Certification of EWG Status of Hill Top Energy
Center LLC.
    Filed Date: 9/23/20.
    Accession Number: 20200923-5029.
    Comments Due: 5 p.m. ET 10/14/20.

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

    Docket Numbers: ER14-2080-004.
    Applicants: Louisiana Generating LLC.
    Description: Compliance filing: Reactive Service Rate Schedule
Settlement Compliance Filing to be effective 12/18/2018.
    Filed Date: 9/23/20.
    Accession Number: 20200923-5073.
    Comments Due: 5 p.m. ET 10/14/20.

    Docket Numbers: ER15-502-005.
    Applicants: Bayou Cove Peaking Power, LLC.
    Description: Compliance filing: Reactive Service Rate Schedule
Settlement Compliance Filing to be effective 12/18/2018.
    Filed Date: 9/23/20.
    Accession Number: 20200923-5071.
    Comments Due: 5 p.m. ET 10/14/20.

    Docket Numbers: ER15-1136-005.
    Applicants: Big Cajun I Peaking Power LLC.
    Description: Compliance filing: Reactive Service Rate Schedule
Settlement Compliance Filing to be effective 12/18/2018.
    Filed Date: 9/23/20.
    Accession Number: 20200923-5072.
    Comments Due: 5 p.m. ET 10/14/20.

    Docket Numbers: ER17-1394-002; ER19-2728-001; ER19-2729-001.
    Applicants: 83WI 8me, LLC, Lily Solar LLC, Lily Solar Lessee, LLC.
    Description: Notice of Non-Material Change in Status and PRO FORMA
Market-Based Rate Tariff Revisions of the X-Elio Public Utilities.
    Filed Date: 9/22/20.
    Accession Number: 20200922-5135.
    Comments Due: 5 p.m. ET 10/13/20.

    Docket Numbers: ER20-588-002.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2020-09-23_Compliance Filing for
Storage As Transmission Only Asset (SATOA) to be effective 8/11/2020.
    Filed Date: 9/23/20.
    Accession Number: 20200923-5099.
    Comments Due: 5 p.m. ET 10/14/20.

    Docket Numbers: ER20-1939-000.
    Applicants: Calpine Northeast Development, LLC.
    Description: Supplement to May 29, 2020 Calpine Northeast
Development, LLC tariff filing, et al.
    Filed Date: 9/22/20.
    Accession Number: 20200922-5139.
    Comments Due: 5 p.m. ET 10/2/20.

    Docket Numbers: ER20-2186-001.
    Applicants: Fern Solar LLC.
    Description: Compliance filing: Compliance to 2 to be effective 12/
31/9998.
    Filed Date: 9/22/20.
    Accession Number: 20200922-5114.
    Comments Due: 5 p.m. ET 10/13/20.

    Docket Numbers: ER20-2550-001.
    Applicants: Entergy Mississippi, LLC.
    Description: Tariff Amendment: EML Choctaw Reactive Extension to be
effective 12/31/9998.
    Filed Date: 9/23/20.
    Accession Number: 20200923-5067.
    Comments Due: 5 p.m. ET 10/14/20.

    Docket Numbers: ER20-2830-000.

    Applicants: PPM Roaring Brook, LLC.
    Description: Supplement to September 4, 2020 AB Lessee, LLC tariff
filing.
    Filed Date: 9/22/20.
    Accession Number: 20200922-5136.
    Comments Due: 5 p.m. ET 10/13/20.

    Docket Numbers: ER20-2950-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of ICSA,
SA No. 4241; Queue No. AA1-067 to be effective 6/27/2017.
    Filed Date: 9/22/20.
    Accession Number: 20200922-5084.
    Comments Due: 5 p.m. ET 10/13/20.

    Docket Numbers: ER20-2951-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of ICSA,
SA No. 4067; Queue No. Z2-088 to be effective 3/29/2017.
    Filed Date: 9/22/20.
    Accession Number: 20200922-5117.
    Comments Due: 5 p.m. ET 10/13/20.

    Docket Numbers: ER20-2952-000.
    Applicants: PPL Electric Utilities Corporation, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: PPL submits Interconnection
Agreement, SA No. 5766 with Amtrak to be effective 9/23/2020.
    Filed Date: 9/22/20.
    Accession Number: 20200922-5121.
    Comments Due: 5 p.m. ET 10/13/20.

    Docket Numbers: ER20-2953-000.
    Applicants: Lone Tree Wind, LLC.
    Description: Baseline eTariff Filing: Reactive Power Compensation
Filing to be effective 11/22/2020.
    Filed Date: 9/23/20.
    Accession Number: 20200923-5000.
    Comments Due: 5 p.m. ET 10/14/20.

    Docket Numbers: ER20-2954-000.
    Applicants: Midcontinent Independent System Operator, Inc.,
American Transmission Company LLC.
    Description: Sec.  205(d) Rate Filing: 2020-09-23_SA 3562 ATC-ITC-
Dairyland TCEA to be effective 8/28/2020.
    Filed Date: 9/23/20.
    Accession Number: 20200923-5022.
    Comments Due: 5 p.m. ET 10/14/20.

    Docket Numbers: ER20-2955-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Tariff Clean-Up Filing
3Q2020 to be effective 12/1/2020.
    Filed Date: 9/23/20.
    Accession Number: 20200923-5026.
    Comments Due: 5 p.m. ET 10/14/20.

    Docket Numbers: ER20-2956-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: PJM submits Revisions to
OATT re: Credit Reform Clean-Up to be effective 11/23/2020.
    Filed Date: 9/23/20.
    Accession Number: 20200923-5030.
    Comments Due: 5 p.m. ET 10/14/20.

    Docket Numbers: ER20-2957-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: First Revised ISA, Service
Agreement No. 5067; Queue No. AF2-436 to be effective 8/24/2020.
    Filed Date: 9/23/20.
    Accession Number: 20200923-5068.
    Comments Due: 5 p.m. ET 10/14/20.

    Docket Numbers: ER20-2958-000.
    Applicants: Gulf Power Company.
    Description: Sec.  205(d) Rate Filing: Filing of PowerSouth
Interconnection Agreement and Notice of Termination to be effective 8/
12/2020.
    Filed Date: 9/23/20.
    Accession Number: 20200923-5074.
    Comments Due: 5 p.m. ET 10/14/20.

    Docket Numbers: ER20-2959-000.
    Applicants: Antelope Big Sky Ranch LLC.
    Description: Sec.  205(d) Rate Filing: Shared Facilities Agreement
to be effective 9/24/2020.
    Filed Date: 9/23/20.
    Accession Number: 20200923-5084.
    Comments Due: 5 p.m. ET 10/14/20.

    Docket Numbers: ER20-2960-000.
    Applicants: Antelope DSR 1, LLC.
    Description: Sec.  205(d) Rate Filing: Shared Facilities Agreement
to be effective 9/24/2020.
    Filed Date: 9/23/20.
    Accession Number: 20200923-5100.
    Comments Due: 5 p.m. ET 10/14/20.

    Docket Numbers: ER20-2961-000.
    Applicants: Antelope DSR 2, LLC.
    Description: Sec.  205(d) Rate Filing: Shared Facilities Agreement
to be effective 9/24/2020.
    Filed Date: 9/23/20.
    Accession Number: 20200923-5103.
    Comments Due: 5 p.m. ET 10/14/20.

    Docket Numbers: ER20-2962-000.
    Applicants: Antelope DSR 3, LLC.
    Description: Sec.  205(d) Rate Filing: Shared Facilities Agreement
to be effective 9/24/2020.
    Filed Date: 9/23/20.
    Accession Number: 20200923-5107.
    Comments Due: 5 p.m. ET 10/14/20.

    Docket Numbers: ER20-2963-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of Upgrade
CSA, SA No. 5357; Queue No. NQ-J468 to be effective 8/26/2020.
    Filed Date: 9/23/20.
    Accession Number: 20200923-5108.
    Comments Due: 5 p.m. ET 10/14/20.

    Docket Numbers: ER20-2964-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, SA No. 5772;
Queue No. AC1-113/AC2-115 to be effective 8/24/2020.
    Filed Date: 9/23/20.
    Accession Number: 20200923-5113.
    Comments Due: 5 p.m. ET 10/14/20.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF20-1421-000.
    Applicants: Patmar Land Co, LLC.
    Description: Form 556 of Patmar Land Co, LLC.
    Filed Date: 9/22/20.
    Accession Number: 20200922-5148.
    Comments Due: None-Applicable.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 23, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-21460 Filed 9-28-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Proposed Rules]
[Pages 88274-88276]
[FR Doc No: 2023-28037]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2244; Project Identifier MCAI-2023-00972-R]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Leonardo S.p.a Model AW169 helicopters. This proposed AD was
prompted by a determination that new or more restrictive airworthiness
limitations are necessary. This proposed AD would require revising the
airworthiness limitations section (ALS) of the existing helicopter
maintenance manual or instructions for continued airworthiness (ICA)
for your helicopter and the existing approved maintenance or inspection
program for your helicopter, as applicable, as specified in a European
Union Aviation Safety Agency (EASA) AD, which is proposed for
incorporation by reference. The FAA is proposing this AD to address the
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by February 5,
2024.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-2244; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the EASA AD, any comments received, and
other information. The street address for Docket Operations is listed
above.
    Material Incorporated by Reference:
     For EASA material that is proposed for incorporation by
reference in this NPRM, contact EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999 000; email [email protected];
internet easa.europa.eu. You may find the EASA material on the EASA
website at ad.easa.europa.eu.
     You may view this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. The EASA material is also
available at regulations.gov under Docket No. FAA-2023-2244.
    Other Related Service Information: For Leonardo Helicopters service
information identified in this NPRM, contact Leonardo S.p.A., Emanuele
Bufano, Head of Airworthiness, Viale G. Agusta 520, 21017 C. Costa di
Samarate (Va) Italy; telephone (+39) 0331-225074; fax (+39) 0331-
229046; or at customerportal.leonardocompany.com/en-US/. You may also
view this service information at the FAA contact information under
Material Incorporated by Reference above.

FOR FURTHER INFORMATION CONTACT: Sungmo Cho, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone (781)
238-7241; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-2244; Project Identifier
MCAI-2023-00972-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Sungmo Cho, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone<PHONE_NUMBER>; email:
[email protected]. Any commentary that the FAA receives that is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, issued a series of ADs with the most recent being EASA
AD 2023-0160, dated August 16, 2023 (EASA AD 2023-0160), to correct an
unsafe condition for Leonardo S.p.A. Model AW169 helicopters.
    This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
proposing this AD to address fatigue cracking, damage, and corrosion in
principal structural elements.
    You may examine the EASA AD in the AD docket at regulations.gov
under Docket No. FAA-2023-2244.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0160 requires replacing components before exceeding
their life limits and accomplishing maintenance tasks within thresholds

and intervals specified in the applicable ALS as defined in EASA AD
2023-0160. Depending on the results of the maintenance tasks, EASA AD
2023-0160 requires accomplishing corrective action(s) or contacting
Leonardo [Leonardo S.p.a.] for approved instructions and accomplishing
those instructions. EASA AD 2023-0160 also requires revising the
Aircraft Maintenance Programme (AMP) by incorporating the limitations,
tasks, and associated thresholds and intervals described in the
specified ALS as applicable to the helicopter model and configuration.
Revising the AMP constitutes terminating action for the requirement to
record accomplishment of the actions of replacing components before
exceeding their life limits and accomplishing maintenance tasks within
the thresholds and intervals specified in the applicable ALS as
required by EASA AD 2023-0160 for demonstration of AD compliance on a
continued basis.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Other Related Service Information

    The FAA also reviewed AW169 Air vehicle maintenance planning
information, 69-A-AMPI-00-P, Chapter 04, ALS, Issue 21, dated July 7,
2023. This service information specifies airworthiness limitations,
tasks, and associated thresholds and intervals for various parts, and
specifies new or more restrictive airworthiness limitations for certain
components installed on the tail rotor system.

FAA's Determination

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is proposing this AD
after evaluating all known relevant information and determining that
the unsafe condition described previously is likely to exist or develop
on other helicopters of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2023-0160, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD and except as discussed under
``Differences Between this Proposed AD and the EASA AD.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2023-0160 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0160 through that incorporation, except for any
differences identified as exceptions in the regulatory text of this
proposed AD. Using common terms that are the same as the heading of a
particular section in EASA AD 2023-0160 does not mean that operators
need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2023-
0160. Service information referenced in EASA AD 2023-0160 for
compliance will be available at regulations.gov under Docket No. FAA-
2023-2244 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2023-0160 requires replacing certain components before
exceeding applicable life limits, accomplishing certain maintenance
tasks within thresholds and intervals as specified in the ALS, as
defined within, and depending on the results, accomplishing corrective
action within the compliance time specified in that ALS. EASA AD 2023-
0160 also requires revising the approved AMP to incorporate the
limitations, tasks, and associated thresholds and intervals described
in that ALS within 12 months after its effective date. Whereas, this
proposed AD would require revising existing documents and programs
within 30 days to incorporate the limitations, tasks, and associated
thresholds and intervals described in that ALS, and clarifies that if
an incorporated limitation or threshold therein is reached before 30
days after the effective date of the final rule of this proposed AD,
you still have up to 30 days after the effective date of the final rule
of this proposed AD to accomplish the corresponding task.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 10 helicopters of U.S. Registry. Labor rates are estimated at
$85 per work-hour. Based on these numbers, the FAA estimates the
following costs to comply with this proposed AD.
    Revising the ALS of the existing helicopter maintenance manual or
ICA for your helicopter and the existing approved maintenance or
inspection program for your helicopter, as applicable, would take about
2 work-hours for an estimated cost of $170 per helicopter and $1,700
for the U.S. fleet.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

Leonardo S.p.a.: Docket No. FAA-2023-2244; Project Identifier MCAI-
2023-00972-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by February 5, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AW169 helicopters,
certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6400, Tail rotor
system.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue cracking, damage, and corrosion
in principle structural elements. The unsafe condition, if not
addressed, could result in failure of a part and loss of control of
the helicopter.

(f) Compliance

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

(g) Required Actions

    Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0160, dated August 16, 2023 (EASA AD 2023-0160).

(h) Exceptions to EASA AD 2023-0160

    (1) Where EASA AD 2023-0160 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) This AD does not adopt the requirements specified in
paragraphs (1), (2), (4), and (5) of EASA AD 2023-0160.
    (3) Where paragraph (3) of EASA AD 2023-0160 specifies ``Within
12 months after the effective date of this AD, revise the approved
AMP,'' this AD requires replacing those words with ``Within 30 days
after the effective date of this AD, revise the airworthiness
limitations section of your existing helicopter maintenance manual
or instructions for continued airworthiness and your existing
approved maintenance or inspection program, as applicable.''
    (4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2023-0160 is on or before the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2023-0160, or within 30
days after the effective date of this AD, whichever occurs later.
    (5) This AD does not adopt the Remarks paragraph of EASA AD
2023-0160.

(i) Provisions for Alternative Actions, Thresholds, and Intervals,
Including Life Limits

    No alternative actions and associated thresholds and intervals,
including life limits, are allowed for compliance with paragraph (g)
of this AD unless they are approved as specified in the provisions
of the ``Ref. Publications'' section of EASA AD 2023-0160.

(j) Special Flight Permit

    Special flight permits are prohibited.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (l) of
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(l) Related Information

    For more information about this AD, contact Sungmo Cho, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; phone<PHONE_NUMBER>; email: [email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0160,
dated August 16, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0160, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet easa.europa.eu. You may find the EASA
material on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email: [email protected].

    Issued on December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-28037 Filed 12-20-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 2, 2006 (Volume 71, Number 190)]
[Notices]
[Page 58018-58019]
[DOCID:fr02oc06-129]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54510, File No. 4-518]

Joint Industry Plan; Notice of Filing and Order Granting
Temporary Effectiveness of Amendment To Plan Establishing Procedures
Under Rule 605 of Regulation NMS

September 26, 2006.
    Pursuant to Section 11A(a)(3) of the Securities Exchange Act of
1934 (``Act'') \1\ and Rule 608 of Regulation NMS,\2\ notice is hereby
given that on September 14, 2006, the International Securities
Exchange, LLC (``ISE'') submitted to the Securities and Exchange
Commission (``SEC'' or ``Commission'') an amendment to the national
market system plan that establishes procedures under Rule 605 of
Regulation NMS (``Joint-SRO Plan'' or ``Plan'').\3\ The amendment
proposes to add ISE as a participant to the Joint-SRO Plan. The
Commission is publishing this notice and order to solicit comments from
interested persons on the proposed Joint-SRO Plan amendment, and to
grant temporary effectiveness to the proposed amendment through January
30, 2007.
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    \1\ 15 U.S.C. 78k-1(a)(3).
    \2\ 17 CFR 242.608.
    \3\ 17 CFR 242.605. On April 12, 2001, the Commission approved a
national market system plan for the purpose of establishing
procedures for market centers to follow in making their monthly
reports available to the public under Rule 11Ac1-5 under the Act (n/
k/a Rule 605 of Regulation NMS). See Securities Exchange Act Release
No. 44177 (April 12, 2001), 66 FR 19814 (April 17, 2001).
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I. Description and Purpose of the Amendment

    The current participants to the Joint-SRO Plan are the American
Stock Exchange LLC, Boston Stock Exchange, Inc., Chicago Board Options
Exchange, Incorporated, Chicago Stock Exchange, Inc., Cincinnati Stock
Exchange, Inc. (n/k/a National Stock Exchange SM), The
NASDAQ Stock Market LLC, National Association of Securities Dealers,
Inc., New York Stock Exchange, Inc. (n/k/a New York Stock Exchange
LLC), Pacific Exchange, Inc. (n/k/a NYSE Arca, Inc.), and Philadelphia
Stock Exchange, Inc. The proposed amendment would add ISE as a
participant to the Joint-SRO Plan.
    ISE has submitted a signed copy of the Joint-SRO Plan to the
Commission in accordance with the procedures set forth in the Plan
regarding new participants. Section III(b) of the Joint-SRO Plan
provides that a national securities exchange or national securities
association may become a

party to the Plan by: (i) Executing a copy of the Plan, as then in
effect (with the only changes being the addition of the new
participant's name in Section 11(a) of the Plan and the new
participant's single-digit code in Section VI(a)(1) of the Plan) and
(ii) submitting such executed plan to the Commission for approval.

II. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed
Joint-SRO Plan amendment is consistent with the Act. Comments may be
submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro/nms.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number 4-518 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number 4-518. This file number
should be included on the subject line if e-mail is used. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/sro/nms.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed Joint-SRO Plan
amendment that are filed with the Commission, and all written
communications relating to the proposed Joint-SRO Plan amendment
between the Commission and any person, other than those that may be
withheld from the public in accordance with the provisions of 5 U.S.C.
552, will be available for inspection and copying in the Commission's
Public Reference Room. Copies of the filing also will be available for
inspection and copying at the principal office of ISE. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number 4-518 and should be submitted
on or before November 1, 2006.

III. Commission's Findings and Order Granting Accelerated Approval of
Proposed Plan Amendment

    The Commission finds that the proposed Joint-SRO Plan amendment is
consistent with the requirements of the Act and the rules and
regulations thereunder.\4\ Specifically, the Commission believes that
the proposed amendment, which permits ISE to become a participant to
the Joint-SRO Plan, is consistent with the requirements of Section 11A
of the Act, and Rule 608 of Regulation NMS. The Plan establishes
appropriate procedures for market centers to follow in making their
monthly reports required pursuant to Rule 605 of Regulation NMS,
available to the public in a uniform, readily accessible, and usable
electronic format. The proposed amendment to include ISE as a
participant in the Joint-SRO Plan will contribute to the maintenance of
fair and orderly markets and remove impediments to and perfect the
mechanisms of a national market system by facilitating the uniform
public disclosure of order execution information by all market centers.
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    \4\ In approving this proposed Joint-SRO Plan amendment, the
Commission has considered the proposal's impact on efficiency,
competition, and capital formation. 15 U.S.C. 78c(f).
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    The Commission finds good cause to grant temporary effectiveness to
the proposed Joint-SRO Plan amendment, for 120 days, until January 30,
2007. The Commission believes that it is necessary and appropriate in
the public interest, for the maintenance of fair and orderly markets,
to remove impediments to, and perfect mechanisms of, a national market
system to allow ISE to become a participant in the Joint-SRO Plan. On
September 1, 2006, the Commission approved a proposed rule change by
the ISE to establish ISE Stock Exchange, LLC (``ISE Stock Exchange'')
as an equities trading facility of ISE.\5\ As a Plan participant, ISE
would have timely information on the Plan procedures as they are
formulated and modified by the participants. The Commission finds,
therefore, that granting temporary effectiveness of the proposed Joint-
SRO Plan amendment is appropriate and consistent with Section 11A of
the Act.\6\
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    \5\ See Securities Exchange Act Release No. 54399 (September 1,
2006), 71 FR 53728 (September 12, 2006). The ISE Stock Exchange
consists of a new electronic trading system developed to trade
equities and will provide for the electronic execution and display
of orders as well as a midpoint matching system. The Commission has
published for comment a proposed rule change by ISE to adopt rules
and amend existing ISE rules to govern the ISE Stock Exchange. See
Securities Exchange Act Release No. 54287 (August 8, 2006), 71 FR
46947 (August 15, 1006).
    \6\ 15 U.S.C. 78k-1.
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IV. Conclusion

    It is therefore ordered, pursuant to Section 11A of the Act \7\ and
Rule 608 of Regulation NMS,\8\ that the proposed Joint-SRO Plan
amendment is approved for 120 days, through January 30, 2007.
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    \7\ 15 U.S.C. 78k-1.
    \8\ 17 CFR 242.608.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(29).
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Nancy M. Morris,
Secretary.
 [FR Doc. E6-16170 Filed 9-29-06; 8:45 am]

BILLING CODE 8010-01-P