[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Proposed Rules]
[Pages 10107-10110]
[FR Doc No: 2022-03770]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0145; Project Identifier MCAI-2021-00522-R]
RIN 2120-AA64

Airworthiness Directives; Bell Textron Canada Limited (Type
Certificate Previously Held by Bell Helicopter Textron Canada Limited)
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2019-11-05, which applies to Bell Helicopter Textron Canada Limited
(now Bell Textron Canada Limited) Model 429 helicopters having certain
tail rotor (TR) pitch link assemblies. AD 2019-11-05 requires
inspecting the TR pitch link assemblies, and replacing certain pitch
link bearings. Since the FAA issued AD 2019-11-05, the FAA has
determined that all TR pitch link assemblies are affected by the unsafe
condition. This proposed AD would continue to require the actions
specified in AD 2019-11-05, and would revise the applicability and
require inspections of certain other TR pitch link assemblies. 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 April 11,
2022.

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 https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Bell
Textron Canada Limited, 12,800 Rue de l'Avenir, Mirabel, Quebec J7J
1R4, Canada; telephone 1-450-437-2862 or 1-800-363-8023; fax 1-450-433-
0272; email [email protected]; or at https://www.bellflight.com/support/contact-support. 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>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0145; 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
Transport Canada Civil Aviation (TCCA) AD, any comments received, and
other information. The street address for Docket Operations is listed
above.

FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
950 L'Enfant Plaza N SW, Washington, DC 20024; phone:<PHONE_NUMBER>;
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-2022-0145; Project Identifier
MCAI-2021-00522-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
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposal.

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 Hal
Jensen, Aerospace Engineer, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC
20024; 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

    The FAA issued AD 2019-11-05, Amendment 39-19651 (84 FR 26546, June
7, 2019) (AD 2019-11-05), which applies to certain Bell Helicopter
Textron Canada Limited Model 429 helicopters. AD 2019-11-05 requires
inspecting the TR pitch link assemblies, and replacing certain pitch
link bearings. The FAA issued AD 2019-11-05 to address a worn pitch
link, which if not corrected, could result in pitch link failure and
subsequent loss of control of the helicopter.

Actions Since AD 2019-11-05 Was Issued

    Since the FAA issued AD 2019-11-05, the FAA has determined that
additional TR pitch link assemblies are affected by the unsafe
condition. AD 2019-11-05 applies to helicopters with a pitch link
assembly part number (P/N) 429-012-112-101, 429-012-112-103, 429-012-
112-101FM, or 429-012-112-103FM installed. However, as specified in the
corresponding TCCA AD, CF-2015-16R2, dated April 3, 2017 (TCCA AD CF-
2015-16R2), all pitch link assemblies are part of the repetitive
inspections.
    The TCCA, which is the aviation authority for Canada, has issued
TCCA AD CF-2015-16R3, dated April 30, 2021 (TCCA AD CF-2015-16R3) (also
referred to as the Mandatory Continuing Airworthiness Information, or
the MCAI), to correct an unsafe condition for certain Bell Helicopter
Textron Canada Limited Model 429 helicopters. TCCA AD CF-2015-16R3
retains the requirements of TCCA AD CF-2015-16R2 and revises the
applicability by specifying certain helicopter serial numbers to
account for new production helicopters which have already incorporated
the new pitch link assemblies and corrected the unsafe condition. TCCA
AD CF-2015-16R3 also specifies that installing a new pitch link
assembly terminates the repetitive inspections.
    This proposed AD was prompted by a report of a worn pitch link, and
the FAA's determination that that all TR pitch link assemblies are
affected by the unsafe condition. The FAA is proposing this AD to
address a worn pitch link, which if not corrected, could result in
pitch link failure and subsequent loss of control of the helicopter.
See the MCAI for additional background information.

FAA's Determination

    These products have been approved by the aviation authority of
Canada, and are approved for operation in the United States. Pursuant
to the bilateral agreement with Canada, TCCA, its technical
representative, has notified the FAA of the unsafe condition described
in its AD. The FAA is proposing this AD after evaluating all known
relevant information and determining the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bell Alert Service Bulletin No. 429-15-16,
Revision C, dated October 16, 2020. This service information contains
procedures for inspecting the TR pitch link assemblies, replacing
certain pitch link bearings, and replacement of the pitch link
assemblies. 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.

Proposed AD Requirements in this NPRM

    This proposed AD would retain all of the requirements of AD 2019-
11-05. This proposed AD would revise the applicability and require
inspections of all TR pitch link assemblies.

Costs of Compliance

    The FAA estimates that this proposed AD affects 120 helicopters of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained inspections from AD       2 work-hours x $85               $0  $170 per inspection  $20,400 per
 2019[dash]11[dash]05.              per hour = $170                      cycle.               inspection cycle.
                                    per inspection
                                    cycle.
New inspections..................  2 work-hours x $85                0  170 per inspection   20,400 per
                                    per hour = $170                      cycle.               inspection cycle.
                                    per inspection
                                    cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition replacements that would be required based on the results of
any required actions. The FAA has no way of determining the number of
helicopters that might need these on-condition actions:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Bearing replacements................  3 work-hours x $85 per           $3,340           $3,343         $401,160
                                       hour = $255.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected operators. The FAA does not control warranty coverage for
affected operators. As a result, the FAA has included all known costs
in the cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    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:
0
a. Removing Airworthiness Directive (AD) 2019-11-05, Amendment 39-19651
(84 FR 26546, June 7, 2019); and
0
b. Adding the following new AD:

Bell Textron Canada Limited (Type Certificate Previously Held by
Bell Helicopter Textron Canada Limited): Docket No. FAA-2022-0145;
Project Identifier MCAI-2021-00522-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) action by April 11, 2022.

(b) Affected ADs

    (1) This AD replaces AD 2019-11-05, Amendment 39-19651 (84 FR
26546, June 7, 2019) (AD 2019-11-05).
    (2) This AD affects AD 2020-17-10, Amendment 39-21215 (85 FR
49941, August 17, 2020) (AD 2020-17-10).

(c) Applicability

    This AD applies to Bell Textron Canada Limited (type certificate
previously held by Bell Helicopter Textron Canada Limited) Model 429
helicopters, certificated in any category, serial numbers 57001
through 57401 inclusive.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6720, Tail Rotor
Control System.

(e) Unsafe Condition

    This AD was prompted by a report of a worn pitch link. The FAA
is issuing this AD to address a worn pitch link, which if not
corrected, could result in pitch link failure and subsequent loss of
control of the helicopter.

(f) Compliance

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

(g) Retained Requirements

    (1) For pitch link assembly part number (P/N) 429-012-112-101,
429-012-112-103, 429-012-112-101FM, and 429-012-112-103FM: Within 50
hours time-in-service (TIS) after July 12, 2019 (the effective date
of AD 2019-11-05) and thereafter at intervals not to exceed 50 hours
TIS:
    (i) Perform a dimensional inspection of each inboard and
outboard pitch link assembly for axial and radial bearing play. With
a 10X or higher power magnifying glass, inspect the bearing liner
for a crack, deterioration of the liner, and extrusion of the liner
from the plane. If there is axial or radial play that exceeds
allowable limits, or if there is a crack, deterioration of the
liner, or extrusion of the liner, before further flight, replace the
bearing.
    (ii) Inspect the pitch link assembly sealant for pin holes and
voids and to determine if the sealant thickness is 0.025 inch (0.64
mm) or less, extends over the roll staked lip by 0.030 inch (0.76
mm) or more, and is clear of the bearing ball. If there is a pin
hole or void, or if the sealant exceeds 0.026 inch (0.66 mm), does
not extend over the roll staked lip by 0.030 inch (0.76 mm) or more,
or is not clear of the bearing ball, before further flight, replace
the bearing.
    (2) For pitch link assembly part number (P/N) 429-012-112-101,
429-012-112-103, 429-012-112-101FM, and 429-012-112-103FM, within
200 hours TIS following the initial inspection required by paragraph
(g)(1) of this AD, or if the hours TIS of a pitch link assembly
exceed 250 hours TIS or are unknown, at the next 50-hour-TIS
inspection required by paragraph (g)(1) of this AD:
    (i) Replace each bearing P/N 429-312-107-103 with a date of
manufacture before January 13, 2015, with a bearing P/N 429-312-107-
103 that was manufactured on or after January 13, 2015.
    (ii) Using a white permanent fine point marker or equivalent,
re-identify the pitch link assembly:
    (A) Re-identify P/N 429-012-112-101 and 429-012-112-101FM as
429-012-112-111FM.
    (B) Re-identify P/N 429-012-112-103 and 429-012-112-103FM as
429-012-112-113FM.
    (iii) Apply a coating of DEVCON 2-TON (C-298) or equivalent over
the new P/N.

(h) New Requirements

    For pitch link assemblies other than P/N 429-012-112-101, 429-
012-112-103, 429-012-112-101FM, and 429-012-112-103FM: Within 50
hours TIS after the effective date of this AD and thereafter at
intervals not to exceed 50 hours TIS:
    (1) Perform a dimensional inspection of each inboard and
outboard pitch link assembly for axial and radial bearing play. With
a 10X or higher power magnifying glass, inspect the bearing liner
for a crack, deterioration of the liner, and extrusion of the liner
from the plane. If there is axial or radial play that exceeds
allowable limits, or

if there is a crack, deterioration of the liner, or extrusion of the
liner, before further flight, replace the bearing.
    (2) Inspect the pitch link assembly sealant for pin holes and
voids and to determine if the sealant thickness is 0.025 inch (0.64
mm) or less, extends over the roll staked lip by 0.030 inch (0.76
mm) or more, and is clear of the bearing ball. If there is a pin
hole or void, or if the sealant exceeds 0.026 inch (0.66 mm), does
not extend over the roll staked lip by 0.030 inch (0.76 mm) or more,
or is not clear of the bearing ball, before further flight, replace
the bearing.

(i) Terminating Action for Certain Actions in AD 2020-17-10

    Accomplishing the initial inspection required by paragraph
(g)(1) or (h) of this AD constitutes terminating action for the
inspections required by paragraph (f)(2) of AD 2020-17-10 for that
pitch link assembly only.

(j) Optional Terminating Action

    The repetitive inspections required by paragraph (h) of this AD
are no longer required for helicopters that incorporate pitch link
assemblies, P/N 429-012-212-105 or 429-012-212-107, in accordance
with Part III of the Accomplishment Instructions of Bell Alert
Service Bulletin No. 429-15-16, Revision C, dated October 16, 2020.

(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)(1) 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

    (1) For more information about this AD, contact Hal Jensen,
Aerospace Engineer, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC
20024; phone:<PHONE_NUMBER>; email: [email protected].
    (2) Bell Alert Service Bulletin No. 429-15-16, Revision C, dated
October 16, 2020, which is not incorporated by reference, contains
additional information about the subject of this AD. For service
information identified in this AD, contact Bell Textron Canada
Limited, 12,800 Rue de l'Avenir, Mirabel, Quebec J7J 1R4, Canada;
telephone 1-450-437-2862 or 1-800-363-8023; fax 1-450-433-0272;
email [email protected]; or at https://www.bellflight.com/support/contact-support. You may view this
referenced 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>.
    (3) The subject of this AD is addressed in Transport Canada
Civil Aviation (TCCA) AD CF-2015-16R3, dated April 30, 2021 (TCCA AD
CF-2015-16R3). You may view the Transport Canada AD on the internet
at https://www.regulations.gov in Docket No. FAA-2022-0145.

    Issued on February 15, 2022.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-03770 Filed 2-22-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Notices]
[Page 40038]
[FR Doc No: 2021-15847]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-2426-000]

CPRE 1 Lessee, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
CPRE 1 Lessee, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is August 9, 2021.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: July 20, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-15847 Filed 7-23-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 183 (Thursday, September 20, 2012)]
[Rules and Regulations]
[Pages 58313-58315]
[FR Doc No: 2012-21221]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0550; FRL-9718-1]

Revisions to the California State Implementation Plan, San Diego
County, Antelope Valley and Monterey Bay Unified Air Pollution Agencies

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
San Diego County Air Pollution Control District (SDCAPCD), Monterey Bay
Unified Air Pollution Control District (MBUAPCD) and Antelope Valley
Air Quality Management District (AVAQMD) portions of the California
State Implementation Plan (SIP). These revisions concern volatile
organic compound (VOC) emissions from coating of metal containers,
closures and coils, from graphic arts operations, from the provision of
sampling and testing facilities required for permitting and from
adhesives and sealant applications. We are approving local rules that
regulate these emission sources under the Clean Air Act as amended in
1990 (CAA or the Act).

DATES: This rule is effective on November 19, 2012 without further
notice, unless EPA receives adverse comments by October 22, 2012. 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-
2012-0550, 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. 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: Adrianne Borgia, EPA Region IX, (415)
972-3576<EMAIL_ADDRESS>
Table of Contents

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

I. The State's Submittal

A. What rules did the state submit?

    Table 1 lists the rules we are approving with the dates that they
were adopted by the local air agencies and submitted by the California
Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
       Local agency           Rule No.              Rule title             Adopted & effective       Submitted
----------------------------------------------------------------------------------------------------------------
SDCAPCD..................          67.4   Surface Coating of Metal       11/9/11, 11/9/11.......        02/23/12
                                           Parts and Products.
SDCAPCD..................          67.16  Miscellaneous Coating........  11/9/11, 5/9/12........        02/23/12
----------------------------------------------------------------------------------------------------------------
       Local agency           Rule No.              Rule title              Revised or amended       Submitted
----------------------------------------------------------------------------------------------------------------
MBUAPCD..................         205     Provision of Sampling and      Revised 03/21/01.......        05/31/01
                                           Testing Facilities.
AVAQMD...................        1168     Adhesive and Sealant           Amended 09/20/11.......        02/23/12
                                           Applications.
----------------------------------------------------------------------------------------------------------------

B. Are there other versions of these rules?

    We approved an earlier version of SDCAPCD Rule 67.4 into the SIP on
November 3, 1997 (62 FR 59284) and an earlier version of SDCAPCD Rule
67.16 was approved into the SIP on March 27, 1997 (62 FR 14639). An
earlier version of MBUAPCD Rule 205 was approved into the SIP on July
13, 1987 (52 FR 26148). There are no approved earlier versions of
AVAQMD Rule 1168.

C. What is the purpose of the submitted rules?

    VOCs help produce ground-level ozone and smog, which harm human
health and the environment. Section 110(a) of the CAA requires States
to submit regulations that control VOC emissions by limiting VOC
content in coatings and solvents. EPA's technical support documents
(TSDs) have more information about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act), and must not relax existing requirements (see sections 110(1) and
193). In addition, SIP rules must implement Reasonably Available
Control Measures (RACM), including Reasonably Available Control
Technology (RACT), in moderate and above ozone nonattainment areas.
Guidance and policy documents that we use to evaluate enforceability
and RACT requirements consistently include the following:
    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations'' EPA, May 25, 1988 (the Bluebook),
    2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies'' EPA, Region 9, August 21, 2001 (the Little Bluebook),
    3. ``Control Techniques Guidelines for Control of Volatile Organic
Emissions from Existing Stationary Sources, Volume II: Surface Coating
of Cans, Coils, Paper, Fabrics, Automobiles and Light-Duty Trucks''
EPA, May 1977 (EPA-450/2-76-028),
    4. ``Control Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coatings'', EPA, September 2008 (EPA-453/R-08-003),
    5. ``Control Techniques Guidelines for Control of Volatile Organic
Emissions from Solvent Metal Cleaning'', EPA, September 2006 (EPA 453/-
06-001),
    6. ``Control Techniques Guidelines for Control of Volatile Organic
Emissions from Existing Stationary Sources, Volume I: Control Methods
for Surface Coating Operations'', EPA, November 1976 (EPA-450/2-76-
028),
    7. ``Control Techniques Guidelines for Offset Lithographic Printing
and Letterpress Printing'', EPA, September 2006 (EPA-453/R-06-002),
    8. ``Control Techniques Guidelines for Flexible Package Printing'',
EPA, September 2006 (EPA-453/R-06-003),
    9. ``Control Techniques Guidelines for Industrial Cleaning
Solvents'', EPA, September 2006 (EPA 453/R-06-001),
    10. ``Control Techniques Guidelines for Miscellaneous Industrial
Adhesives'', EPA, September 2008 (EPA-453/R-08-005) and
    11. ``Determination of Reasonably Available Control Technology
(RACT) and Best Available Retrofit Control Technology (BARCT) for
Adhesives and Sealants'', CARB, December, 1998

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACT and SIP relaxations. The TSDs
have more information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSDs describe additional rule revisions that we recommend for
the next time the local agency modifies the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill 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 rules. If we
receive adverse comments by October 22, 2012, 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 November 19, 2012. This will incorporate
these rules 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 Clean Air Act, 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 Clean Air Act.
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 Clean Air Act; 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 19, 2012. 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, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: August 3, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.

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

PART 52--[AMENDED]

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(282)(i)(C) and
(411)(i)(C) and (D) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (282) * * *
    (i) * * *
    (C) Monterey Bay Unified Air Pollution Control District
    (1) Rule 205, ``Provision of Sampling and Testing Facilities,''
revised on March 21, 2001.
* * * * *
    (411) * * *
    (i) * * *
    (C) San Diego County Air Pollution Control District
    (1) Rule 67.4, ``Metal Container, Metal Closure and Metal Coil
Coating Operations,'' adopted and effective on November 9, 2011.
    (2) Rule 67.16, ``Graphic Arts Operations,'' adopted on November 9,
2011 and effective on May 9, 2012.
    (D) Antelope Valley Air Quality Management District
    (1) Rule 1168, ``Adhesive and Sealant Applications,'' amended on
September 20, 2011.

[FR Doc. 2012-21221 Filed 9-19-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 65 (Thursday, April 4, 2013)]
[Rules and Regulations]
[Pages 20227-20229]
[FR Doc No: 2013-06589]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-18033; Directorate Identifier 2004-CE-16-AD;
Amendment 39-17400; AD 2004-21-08 R1]
RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are revising an existing airworthiness directive (AD) for
all Cessna Aircraft Company (Cessna) Models 190, 195 (L-126A,B,C),
195A, and 195B airplanes that are equipped with certain inboard aileron
hinge brackets. That AD currently requires you to repetitively inspect
the affected inboard aileron hinge brackets for cracks or corrosion and
replace them if cracks or corrosion is found. Replacement with aluminum
brackets would terminate the need for the repetitive inspections. This
new AD retains the actions of AD 2004-21-08 while requiring future
compliance following a revised service bulletin that clarifies the
casting numbers and part numbers to be inspected. This AD was prompted
by reports of confusion between the casting number on the aileron hinge
bracket and the part number (P/N) called out in the AD. We are issuing
this AD to correct the unsafe condition on these products.

DATES: This AD is effective May 9, 2013.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of May 9, 2013.

ADDRESSES: For service information identified in this AD, contact
Cessna Aircraft Company, Customer service, P.O. Box 7706, Wichita, KS
67277; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet: http://www.cessnasupport.com. You may review copies of the referenced service
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas
City, MO 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; 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 AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Gary Park, Aerospace Engineer, Wichita
ACO, FAA, 1801 Airport Road, Wichita, KS 67209; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to revise AD 2004-21-08, amendment 39-13828 (69 FR 62396,
October 26, 2004). That AD applies to the specified products. The NPRM
published in the Federal Register on January 8, 2013 (78 FR 1155). That
NPRM proposed to retain the actions of AD 2004-21-08 while requiring
future compliance following a revised service bulletin that clarifies
the casting numbers and part numbers to be inspected.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (78 FR 1155, January 8,
2013) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed. We have
determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (78 FR 1155, January 8, 2013) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 1155, January 8, 2013).

Costs of Compliance

    We estimate that this AD affects 643 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                Action                          Labor cost                 Parts cost             product               Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection of the affected inboard      1 work-hour x $85 per hour  Not Applicable..........             $85  643 airplanes x $85 = $54,655.
 aileron hinge brackets for cracks or    = $85.
 corrosion.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The new requirements of this AD add no additional economic burden.
    We estimate the following costs to do any necessary replacements
that would be required based on the results of the inspection. We have
no way of determining the number of aircraft that might need these
replacements:

                                               On-condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement of left-hand (LH) brackets.....  3 work-hours x $85 per hour = $255.          $1,999          $2,254
Replacement of right-hand (RH) brackets....  3 work-hours x $85 per hour = $255.           1,592           1,847
Replacement of LH and RH brackets..........  6 work-hours x $85 per hour = $510.           4,101           4,611
----------------------------------------------------------------------------------------------------------------

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 have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (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),
    (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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-13828 (69 FR
62396, October 26, 2004), and adding the following new AD:

2004-21-08 R1 Cessna Aircraft Company: Amendment 39-17400; Docket
No. FAA-2012-18033; Directorate Identifier 2004-CE-16-AD.

(a) Effective Date

    This AD is effective May 9, 2013.

(b) Affected ADs

    This AD revises AD 2004-21-08, Amendment 39-13828, (69 FR 62396,
October 26, 2004).

(c) Applicability

    This AD affects Models 190, 195 (L-126A,B,C), 195A, and 195B
airplanes, all serial numbers, that are:
    (1) certificated in any category; and
    (2) equipped with at least one part number (P/N) 0322709 or P/N
0322709-1 inboard aileron hinge bracket.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 2710, Aileron Control System.

(e) Unsafe Condition

    This AD was first prompted by several reports of cracks and
corrosion found on the magnesium aileron hinge brackets. Magnesium
is known to be susceptible to corrosion. Since issuance of AD 2004-
21-08 (69 FR 62396, October 26, 2004), reports of confusion between
the casting number on the aileron hinge bracket and the part number
called out in the AD have caused us to issue this revision to AD
2004-21-08. We are issuing this AD to correct the unsafe condition
on these products.

(f) Compliance

    Comply with this AD at the times specified following the
procedures in Cessna Aircraft Company Single Engine Service Bulletin
SEB04-1, Revision 1, dated October 3, 2012, unless already done.

(g) Credit for Actions Accomplished in Accordance With Previous Service
Information

    This paragraph provides credit for the actions required by
paragraphs (h), (i), and (j) of this AD, if the actions were
performed before the effective date of this AD using Cessna Aircraft
Company Single Engine Service Bulletin SEB04-1, dated April 26,
2004. All actions performed after May 9, 2013 (the effective date of
this AD) will be required following Cessna Aircraft Company Single
Engine Service Bulletin SEB04-1, Revision 1, dated October 3, 2012.

(h) Inspect Each P/N 0322709 and P/N 0322709-1 Inboard Aileron Hinge
Bracket or Any Other Bracket Made From Magnesium for Cracks or
Corrosion

    Within the next 100 hours time-in-service (TIS) after November
30, 2004 (the effective date retained from AD 2004-21-08, Amendment
39-13828 (69 FR 62396, October 26, 2004)), and repetitively
thereafter at intervals not to exceed 100 hours TIS until each
bracket is replaced with aluminum, inspect each P/N 0322709 and P/N
0322709-1 inboard aileron hinge bracket or any other bracket made
from magnesium for cracks or corrosion.

(i) Replace Any Cracked or Corroded Inboard Aileron Hinge Bracket

    Before further flight after any inspection where any cracked or
corroded bracket is found, replace any cracked or corroded inboard
aileron hinge.
    (1) If replacement is with an FAA-approved bracket made from
magnesium, do the 100-hour TIS interval repetitive inspections as
required in paragraph (h) of this AD.
    (2) If replacement is with an FAA-approved bracket that is made
from aluminum, then no further inspections are necessary. These can
be Cessna parts or non-Cessna parts.

(j) Terminating Action for the Repetitive Inspections

    (1) As terminating action for the repetitive inspections, you
may replace all inboard aileron hinge brackets with FAA-approved
brackets that are made from aluminum (as specified in paragraph
(i)(2) of this AD) regardless if any corrosion or crack is found.
    (2) You may do this replacement at any time, but you must
replace any corroded or cracked bracket before further flight after
the applicable inspection where any corrosion or crack is found.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita Aircraft Certification Office (ACO),
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 ACO, send it to the attention of the
person identified in the Related Information section of this AD.
    (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.
    (3) All AMOCs approved for AD 2004-21-08 (69 FR 62396, October
26, 2004) are approved for this AD.

(l) Related Information

    For more information about this AD, contact Gary Park, Aerospace
Engineer, Wichita ACO, FAA, 1801 Airport Road, Wichita, KS 67209;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) 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 the AD specifies otherwise.
    (i) Cessna Aircraft Company Single Engine Service Bulletin
SEB04-1, Revision 1, dated October 3, 2012.
    (ii) Reserved.
    (3) For Cessna Aircraft Company service information identified
in this AD, contact Cessna Aircraft Company, Customer service, P.O.
Box 7706, Wichita, KS 67277; telephone:<PHONE_NUMBER>; fax: (316)
517-7271; email<EMAIL_ADDRESS>Internet: http://www.cessnasupport.com.
    (4) You may view this service information at FAA,, Small
Airplane Directorate, 901 Locust, Kansas City, MO 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on March 14, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-06589 Filed 4-3-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Notices]
[Page 13810]
[FR Doc No: 2018-06474]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

RTCA Federal Advisory Committee

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA charter renewal.

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

SUMMARY: The FAA is issuing this notice to advise the public of the
renewal of the RTCA Charter (FAA Order 1110.77Y) for 2 months,
effective March 29, 2018. The Federal Aviation Administration (FAA) is
authorized to establish the RTCA advisory committee in accordance with
the provisions of the Federal Advisory Committee Act (FACA). The
current charter agreement requires that the RTCA manage various Federal
subcommittees on behalf of the agency.
    The objective of the advisory committee is to seek resolution of
issues and challenges involving air transportation concepts,
requirements, operational capabilities, the associated use of
technology, and related considerations to aeronautical operations that
affect the future of the Air Traffic Management System and the
integration of new technologies.

FOR FURTHER INFORMATION CONTACT: Andy Cebula at [email protected] or
(202) 330-0652, or the RTCA Secretariat, 1150 18th Street NW, Suite
910, Washington, DC, 20036, or by telephone at<PHONE_NUMBER>, fax at
(202) 833-9434, or website at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: The Federal Advisory Committee meetings are
open to the public and announced in the Federal Register, except as
authorized by Section 10(d) of the Federal Advisory Committee Act.
Issued in Washington, DC, on March 27, 2018.

Mohannad Dawoud,
Management & Program Analyst, Partnership Contracts Branch, ANG-A17
NextGen, Procurement Services Division, Federal Aviation
Administration.
[FR Doc. 2018-06474 Filed 3-29-18; 8:45 am]
 BILLING CODE 4910-13-P


\82\ To determine the 49-state values for gasoline and diesel,
the amounts of these fuels used in Alaska is subtracted from the
totals provided by DOE. The Alaska fractions are determined from the
most recent (2011) EIA State Energy Data, Transportation Sector
Energy Consumption Estimates. The gasoline and transportation
distillate fuel oil fractions are approximately 0.2% and 0.7%,
respectively. Ethanol use in Alaska is estimated at 11.2% of its
gasoline consumption (based on the same State data), and biodiesel
use is assumed to be zero.

    Table IV.B.3-1--Values for Terms in Calculation of the Standards
                               [Bill gal]
------------------------------------------------------------------------
                  Term                                Value
------------------------------------------------------------------------
RFVCB,2013.............................  0.006.
RFVBBD,2013............................  1.28.
RFVAB,2013.............................  2.75.
RFVRF,2013.............................  16.55.
G2013..................................  132.80.
D2013..................................  51.76.
RG2013.................................  13.31.
RD2013.................................  1.23.
GEi....................................  Confidential.\a\
DEi....................................  Confidential.\a\
------------------------------------------------------------------------
\a\ This information is not published because it reflects an exemption
  for a single entity and publishing such information would reveal
  confidential business information.

    Using the volumes shown in Table IV.B.3-1, we have calculated the
final percentage standards for 2013 as shown in Table IV.B.3-2.

           Table IV.B.3-2--Final Percentage Standards for 2013
------------------------------------------------------------------------
                                                          Cellulosic
                                                 Percent    biofuel   0.004.
-------------------------------------------------------- --------------------
Cellulosic biofuel............................     0.004
Biomass-based diesel..........................      1.13
Advanced biofuel..............................      1.62
Renewable fuel................................      9.74
------------------------------------------------------------------------

V. Annual Administrative Announcements

    In the RFS2 final rule, we stated our intent to make two
announcements each year:
     Set the price for cellulosic biofuel waiver credits that
will be made available to obligated parties in the event that we reduce
the volume of cellulosic biofuel below the applicable volume specified
in the Clean Air Act (CAA), and
     Announce the results of our annual assessment of the
aggregate compliance approach for U.S. planted crops and crop residue.
    The biofuel waiver credit price being announced today was
calculated in accordance with the specifications in Sec.  80.1456(d).
The manner in which EPA calculates the waiver credit price is precisely
set forth in EPA regulations, and EPA's assessment of the aggregate
compliance approach is based on data sources, methodology, and criteria
that were identified and explained in the preamble to the RFS2 final
rule. For these reasons we would not typically include these
administrative announcements in a Notice of Proposed Rulemaking.
However, given that the NPRM for the 2013 standards was not published
prior to 2013, we determined that regulated parties would benefit from
knowing the waiver credit price and our conclusions regarding the
aggregate compliance approach as soon as possible. Therefore, the
February 7, 2013 NPRM included both of these administrative
announcements. In today's rulemaking we are finalizing both
announcements, and responding to a number of comments we received on
the aggregate compliance approach.

A. 2013 Price for Cellulosic Biofuel Waiver Credits

    Section 211(o)(7)(D) of the CAA requires that whenever EPA sets the
applicable volume of cellulosic biofuel at a level lower than that
specified in the Act, EPA is to provide a number of cellulosic credits
for sale that is no more than the EPA-determined applicable volume.
Congress also specified the formula for calculating the price for such
waiver credits: adjusted for inflation, the credits must be offered at
the price of the higher of 25 cents per gallon or the amount by which
$3.00 per gallon exceeds the average wholesale price of a gallon of
gasoline in the United States. The inflation adjustment is for years
after 2008. EPA regulations provide that the inflation adjustment is
calculated by comparing the most recent Consumer Price Index for All
Urban Consumers (CPI-U) for the ``All Items'' expenditure category as
provided by the Bureau of Labor Statistics that is available at the
time EPA sets the cellulosic biofuel standard to the comparable value
that was reported soonest after December 31, 2008.
    In contrast to its directions to EPA for setting the price of a
cellulosic biofuel waiver credit, Congress afforded the Agency
considerable flexibility in designing regulations specifying the

permissible uses of the credits. The CAA states that EPA regulations
``shall include such provisions, including limiting the credits' uses
and useful life, as the Administrator deems appropriate to assist
market liquidity and transparency, to provide appropriate certainty for
regulated entities and renewable fuel producers, and to limit any
potential misuse of cellulosic biofuel credits to reduce the use of
other renewable fuels, and for such other purposes as the Administrator
determines will help achieve the goals of this subsection.'' The final
RFS2 regulations provide a detailed discussion of how we designed the
provisions for cellulosic biofuel waiver credits in keeping with the
statutory language. In short, 2013 cellulosic biofuel waiver credits
(or''waiver credits'') are only available for the 2013 compliance year.
Waiver credits will only be made available to obligated parties, and
they are nontransferable and nonrefundable. Further, obligated parties
may only purchase waiver credits up to the level of their cellulosic
biofuel RVO less the number of cellulosic biofuel RINs that they own. A
company owning cellulosic biofuel RINs and cellulosic waiver credits
may use both types of credits if desired to meet their RVOs, but unlike
RINs, waiver credits may not be carried over for use in the next
calendar year. Obligated parties may not use waiver credits to meet a
prior year deficit obligation. Finally, unlike cellulosic biofuel RINs
which may also be used to meet an obligated party's advanced and total
renewable fuel obligations, waiver credits may only be used to meet a
cellulosic biofuel RVO. An obligated party will still need to
additionally and separately acquire RINs to meet their advanced biofuel
and total renewable fuel obligations.
    For the 2013 compliance period, since the applicable volume of
cellulosic biofuel used to set the annual cellulosic biofuel standard
is lower than the volume for 2013 specified in the CAA, we are making
cellulosic waiver credits available to obligated parties for end-of-
year compliance should they need them at a price of $0.42 per credit.
To calculate this price, EPA first determined the average wholesale
(refinery gate) price of gasoline using the most recent 12 months of
data available from the EIA Web site on September 30, 2012. Based on
this data, we calculated an average price of gasoline for the period
July 2011 to June 2012 of $2.85. In accordance with the Act, we then
calculated the difference of the inflation-adjusted value of $3.00, or
$3.27, and $2.85, which yielded $0.42. Next, we compared the value of
$0.42 to the inflation-adjusted value of $0.25, or $0.27. The Act
requires EPA to use the greater of these two values as the price for
cellulosic biofuel waiver credits.
    The derivation of this value is more fully explained in a
memorandum submitted to the docket for this rulemaking, and a more
complete description of the statutory requirements and their
application can be found in the RFS2 final rule.

B. Assessment of the Domestic Aggregate Compliance Approach

    The RFS2 regulations contain a provision for renewable fuel
producers who use planted crops and crop residue from U.S. agricultural
land that relieves them of the individual recordkeeping and reporting
requirements concerning the specific land from which their feedstocks
were harvested. To enable this approach, EPA established a baseline
number of acres for U.S. agricultural land in 2007 (the year of EISA
enactment) and determined that as long as this baseline number of acres
was not exceeded, it was unlikely that new land outside of the 2007
baseline would be devoted to crop production based on historical trends
and economic considerations. We therefore provided that renewable fuel
producers using planted crops or crop residue from the U.S. as
feedstock in renewable fuel production need not comply with the
individual recordkeeping and reporting requirements related to
documenting that their feedstocks are renewable biomass, unless EPA
determines through one of its annual evaluations that the 2007 baseline
acreage of agricultural land has been exceeded.
    In the final RFS2 regulations, EPA committed to make an annual
finding concerning whether the 2007 baseline amount of U.S.
agricultural land has been exceeded in a given year. If the baseline is
found to have been exceeded, then producers using U.S. planted crops
and crop residue as feedstocks for renewable fuel production would be
required to comply with individual recordkeeping and reporting
requirements to verify that their feedstocks are renewable biomass.
    In response to the NPRM, we received two comments criticizing the
aggregate compliance approach, including a comment questioning
transparency surrounding the data and methodology. EPA continues to
believe that USDA cropland and reserve program acreage data are the
most appropriate and applicable sources of data on which to base our
annual evaluation for whether the 2007 baseline has been exceeded for
aggregate compliance. The USDA data along with a description of our
evaluation has been provided in the rulemaking dockets for each annual
RFS standard.
    Based on data provided by the USDA Farm Service Agency (FSA) and
Natural Resources Conservation Service (NRCS), we have estimated that
U.S. agricultural land reached approximately 384 million acres in 2012,
and thus did not exceed the 2007 baseline acreage. This acreage
estimate is based on the same methodology used to set the 2007 baseline
acreage for U.S. agricultural land in the RFS2 final rulemaking.
Specifically, we started with FSA crop history data for 2012, from
which we derived a total estimated acreage of 384 million acres. We
then subtracted the amount of land estimated to be participating in the
Grasslands Reserve Program (GRP) and Wetlands Reserve Program (WRP) by
the end of Fiscal Year 2012, 230,550 acres, to yield an estimate of
approximately 384 million acres of U.S. agricultural land in 2012. The
USDA data used to make this calculation can be found in the docket to
this rule.

C. Assessment of the Canadian Aggregate Compliance Approach

    On March 15, 2011, EPA issued a notice of receipt of and solicited
public comment on a petition for EPA to authorize the use of an
aggregate approach for compliance with the Renewable Fuel Standard
renewable biomass requirements, submitted by the Government of Canada.
The petition requested that EPA determine that an aggregate compliance
approach will provide reasonable assurance that planted crops and crop
residue from Canada meet the definition of renewable biomass. After
thorough consideration of the petition, all supporting documentation
provided and the public comments received, EPA determined that the
criteria for approval of the petition were satisfied and approved the
use of an aggregate compliance approach to renewable biomass
verification for planted crops and crop residue grown in Canada.
    The Government of Canada utilized several types of land use data to
demonstrate that the land included in their 124 million acre baseline
is cropland, pastureland or land equivalent to U.S. Conservation
Reserve Program land that was cleared or cultivated prior to December
19, 2007, and was actively managed or fallow and nonforested on that
date (and is therefore RFS2 qualifying land). The total agricultural
land in Canada in 2012

is estimated at 120.9 million acres. This total agricultural land area
includes 97.3 million acres of cropland and summer fallow, 13.8 million
acres of pastureland and 9.8 million acres of agricultural land under
conservation practices. This acreage estimate is based on the same
methodology used to set the 2007 baseline acreage for Canadian
agricultural land in the RFS2 response to petition. The data used to
make this calculation can be found in the docket to this rule.

D. Vacatur of 2012 Cellulosic Biofuel Standard

    On January 25, 2013 a DC circuit court ruled that the EPA's
projection of cellulosic biofuel production was in excess of the
agency's statutory authority and vacated the cellulosic biofuel
standards.\83\ Very few cellulosic biofuel RINs were generated in 2012
and of those that were the majority of these RINs were required to be
retired when the cellulosic biofuel they represented was exported. EPA
is therefore eliminating the cellulosic biofuel requirement for 2012 in
accordance with the order from the DC circuit court. Cellulosic biofuel
RINs generated in 2012 may still be used to satisfy up to 20% of an
obligated party's cellulosic biofuel obligation in 2013.
---------------------------------------------------------------------------

    \83\ See API v. EPA, No. 12-1139, slip op. at 5-9 (D.C. Cir.
January 25, 2013)
---------------------------------------------------------------------------

VI. Comments Outside the Scope of This Rulemaking

    In their comments responding to the NPRM, a number of parties used
the opportunity to raise concerns that were not directly related to the
issues and provisions we were addressing in the NPRM, namely the
determination of the applicable volume requirements and associated
percentage standards for cellulosic biofuel, biomass-based diesel,
advanced biofuel, and total renewable fuel. Instead, they addressed
issues associated with the following:

 EPA's petition process in Sec.  80.1416 for approving new fuel
pathways and requests that the review of certain pathways be expedited
 Requests for clarification regarding whether certain
feedstocks qualify as renewable biomass
 Requests for new EPA initiatives to promote FFVs and blender
pumps
 Possible legislative changes to the RFS program
 E15 waivers and EPA policy on E15
 Requests for new or revised lifecycle GHG assessments
 Impacts of ethanol on small engines
 Impacts of ethanol on air quality and use of corn for food
 Comments on specific regulatory provisions in 40 CFR Part 80,
Subpart M
 Comments on the 1.28 bill gal volume requirement for biomass-
based diesel

We also received some comments addressing the impacts of ethanol on air
quality and the use of corn for food. These issues were addressed in
the RFS2 final rule released in 2010 and were not revisited in the
February 7, 2013 NPRM.
    While we are taking these comments under consideration as we
continue to implement the RFS2 program, these comments are outside the
scope of today's action, and we are not providing substantive responses
to them at this time. With regard to comments on the 1.28 bill gal
requirement for biomass-based diesel, we will take them into
consideration in the context of our response to the petition for
reconsideration submitted by the American Fuels and Petrochemical
Manufacturers.

VII. Public Participation

    Many interested parties participated in the rulemaking process that
culminates with this final rule. This process provided opportunity for
submitting written public comments following the proposal that we
published on February 7, 2013 (78 FR 9282), and we also held a public
hearing on March 8, 2013 at which a number of parties provided both
verbal and written testimony. All comments received, both verbal and
written, are available in EPA docket EPA-HQ-OAR-2012-0546 and we
considered these comments in developing the final rule. Public comments
and EPA responses are discussed throughout this preamble.

VIII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is a ``significant regulatory action'' because it raises novel
legal or policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in the Executive Order.
Accordingly, EPA submitted this action to the Office of Management and
Budget (OMB) for review under Executive Orders 12866 and 13563 (76 FR
3821, January 21, 2011) and any changes made in response to OMB
recommendations have been documented in the docket for this action.
    The economic impacts of the RFS2 program on regulated parties,
including the impacts of the required volumes of renewable fuel, were
already addressed in the RFS2 final rule promulgated on March 26, 2010
(75 FR 14670). With the exception of cellulosic biofuel, this action
proposes the percentage standards applicable in 2013 based on the
volumes that were analyzed in the RFS2 final rule.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). This final rule does not impose
any additional reporting requirements on regulated parties beyond those
already required under the RFS program; therefore, there will not be
any additional reporting burdens on entities impacted by this
regulation. This action merely establishes the RFS annual standards for
2013 as required by section 211(o) of the Clean Air Act.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute 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 entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (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.
    Today's rule is an annual rulemaking implementing a long-term
program that was finalized in 2010. Under that program small refiners
and small refineries were already granted two years of relief that
could be extended upon demonstration of ongoing hardship. EPA, with the
assistance of DOE, has continued to implement these provisions and
provide relief when warranted.

    After considering the economic impacts of today's final rule on
small entities, we certify that this action will not have a significant
economic impact on a substantial number of small entities. This rule
sets the annual standard for cellulosic biofuel for 2013 at 6 mill gal.
Since small refiners and small refineries collectively comprise about
11.9% of gasoline and 15.2% of diesel production \84\, for an average
of 12.9% for the entire gasoline + diesel pool, small refiners and
small refineries would only be required to collectively meet a
cellulosic biofuel requirement of about 0.8 mill gal (6 x 12.9%). At
the cellulosic biofuel waiver credit price of $0.42, established in
this rule for 2013, the cost of complying with this requirement would
total about $0.33 million for the approximately 60 obligated parties
that would be affected, or about $5,500 per facility on average.
---------------------------------------------------------------------------

    \84\ Estimates from RFS2 final rule, 75 FR 14867.
---------------------------------------------------------------------------

    The impacts of the RFS2 program on small entities were already
addressed in the RFS2 final rule promulgated on March 26, 2010 (75 FR
14670), and this final rule will not impose any additional requirements
on small entities.

D. Unfunded Mandates Reform Act

    This final action contains no Federal mandates under the provisions
of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538 for State, local, or tribal governments or the private
sector. This action implements mandate(s) specifically and explicitly
set forth by the Congress in Clean Air Act section 211(o) without the
exercise of any policy discretion by EPA. Therefore, this action is not
subject to the requirements of sections 202 or 205 of the UMRA.
    This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This final rule
only applies to gasoline, diesel, and renewable fuel producers,
importers, distributors and marketers and merely sets the 2013 annual
standards for the RFS program.

E. Executive Order 13132: Federalism

    This action 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, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This action sets the 2013 annual
standards for the RFS program and only applies to gasoline, diesel, and
renewable fuel producers, importers, distributors and marketers. Thus,
Executive Order 13132 does not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This final rule
will be implemented at the federal level and affects transportation
fuel refiners, blenders, marketers, distributors, importers, exporters,
and renewable fuel producers and importers. Tribal governments would be
affected only to the extent they purchase and use regulated fuels.
Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This action is not subject to EO
13045 because it does not establish an environmental standard intended
to mitigate health or safety risks and because it implements specific
standards established by Congress in statutes (section 211(o) of the
Clean Air Act).

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. This action
simply sets the annual standards for renewable fuel under the RFS
program for 2013.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This final rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This action does not relax the control measures on sources
regulated by the RFS regulations and therefore will not cause emissions
increases from these source.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). Therefore, this rule will be effective on the date of
publication.

IX. Statutory Authority

    Statutory authority for this action comes from section 211 of the
Clean Air Act, 42 U.S.C. 7545. Additional support for the procedural
and compliance related aspects of today's Final rule, come from
Sections 114, 208, and 301(a) of the Clean Air Act, 42 U.S.C. Sections
7414, 7542, and 7601(a).

List of Subjects in 40 CFR Part 80

    Administrative practice and procedure, Air pollution control,
Diesel fuel, Environmental protection, Fuel additives, Gasoline,
Imports, Oil imports, Petroleum.

    Dated: August 6, 2013.
Gina McCarthy,
Administrator.

    For the reasons set forth in the preamble, 40 CFR part 80 is
amended as follows:

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

0
1. The authority citation for part 80 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7542, 7545, and 7601(a).

0
2. Section 80.1405 is amended by removing and reserving paragraph
(a)(3)(i) and by adding paragraphs (a)(4) and (d)(4) to read as
follows:

Sec.  80.1405  What are the Renewable Fuel Standards?

    (a) * * *
    (4) Renewable Fuel Standards for 2013.
    (i) The value of the cellulosic biofuel standard for 2013 shall be
0.004 percent.
    (ii) The value of the biomass-based diesel standard for 2013 shall
be 1.13 percent.
    (iii) The value of the advanced biofuel standard for 2013 shall be
1.62 percent.
    (iv) The value of the renewable fuel standard for 2013 shall be
9.74 percent.
* * * * *
    (d) * * *
    (4) The 2013 price for cellulosic biofuel waiver credits is $0.42
per waiver credit.

0
3. Section 80.1451 is amended by revising paragraph (a)(1) introductory
text and by adding paragraph (a)(1)(xiv) to read as follows:

Sec.  80.1451  What are the reporting requirements under the RFS
program?

    (a) * * *
    (1) Annual compliance reports for the previous compliance period
shall be submitted by February 28 of each year except as provided in
paragraph (xiv) below, and shall include all of the following
information:
* * * * *
    (xiv) For the 2013 compliance year, annual compliance reports shall
be submitted by June 30, 2014.
* * * * *

0
4. Section 80.1464 is amended by revising paragraph (d) and by adding
paragraph (g) to read as follows:

Sec.  80.1464  What are the attest engagement requirements under the
RFS program?

    (d) For each compliance year, each party subject to the attest
engagement requirements under this section shall cause the reports
required under this section to be submitted to EPA by May 31 of the
year following the compliance year, except as provided in paragraph (g)
below.
* * * * *
    (g) For the 2013 compliance year, reports required under this
section shall be submitted to EPA by September 30, 2014.

[FR Doc. 2013-19557 Filed 8-14-13; 8:45 am]
BILLING CODE P


RFS Independent Third Party On-Site Audit Report (RFS2200): Instructions for Completing

Who must report
   * All independent third-party auditors that verify RINs beginning on September 16, 2014.
Reporting requirements
   * 40 CFR 80.1451(g)(2) sets forth the additional reporting requirements (available at: http://www.ecfr.gov/cgi-bin/text-idx?SID=354294fee688f6d54979e2638c0decf5&node=se40.17.80_11451&rgn=div8).
   * Required fields and NA values  -  Certain report fields or parameters may be specific to select product types. If a report field does not apply to the reported batch, enter the value "NA". Do not leave the field blank.
Reporting deadlines
   * Independent third-party auditors shall report on a quarterly basis:
                          Production Calendar Quarter
                              Time Period Covered
                           Quarterly Report Deadline
Quarter 1
January 1  -  March 31
June 1
Quarter 2
April 1  -  June 30
September 1
Quarter 3
July 1  -  September 30
December 1
Quarter 4
October 1  -  December 31
March 31

How to submit reports
   * EPA maintains report templates, electronic submission procedures and additional support options at http://www.epa.gov/otaq/fuels/reporting/cdx.htm.

Field Instructions
Field No.
Field Name
Units
Field Formats, Codes & Special Instructions
1
Report Form ID

AAAAAA; Character.
Enter RFS2200
2
Report Type

A; Character. Specify if the data submitted in this report is original or if it is being resubmitted. Submit only one original report; any corrections or updates should be marked as a resubmission.
O = Original
R = Resubmission
3
CBI

A; Character. Specify if the data contained within the report is claimed as Confidential Business Information (CBI) under 40 CFR Part 2, subpart B:
Y = Confidential Business Information
N = Non-Confidential Business Information
4
Report Date

MM/DD/YYYY; Character. Enter the date the original or resubmitted report is created.
5
Compliance Period Year

YYYY; Character. Enter the averaging/compliance year the report covers.
6
Compliance Period Quarter

AA; Character. Enter the quarter under the compliance year this report covers
7
Independent Third-Party Auditor Company ID

AAAA; Character. Enter the EPA assigned four-character ID for the Independent Third Party Auditor.
8
Independent Third-Party Auditor Company Name

AAAA...; Character. Enter the registered name of the Independent Third-Party Auditor
9
Audited Renewable Fuel Producer Company Name

AAAA...; Character. Enter the registered name of the renewable fuel producer audited under an approved QAP under 80.1469.
10
Audited Renewable Fuel Producer Company ID

AAAA. Character. Enter the four digit company ID of the renewable fuel producer audited under an approved QAP under 80.1469.
11
Audited Renewable Fuel Producer Facility ID

AAAAA. Character. Enter the five digit facility ID of the renewable fuel production facility audited under an approved QAP under 80.1469.
12
Date for any On-Site Audit

MM/DD/YYYY. Date. Enter the date for any on-site audit performed by the Independent Third-Party Auditors at the renewable fuel producer's facility.

                       Paperwork Reduction Act Statement
The public reporting and recordkeeping burden for this collection of information is disclosed in the estimates of the individual report form instructions. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. 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. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address.


[Federal Register: February 6, 2008 (Volume 73, Number 25)]
[Notices]
[Page 6952-6953]
[DOCID:fr06fe08-40]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Effectiveness of Exempt Wholesale Generator or Foreign
Utility Company Status

January 29, 2008.

------------------------------------------------------------------------
                                                    Docket Nos.
------------------------------------------------------------------------
Reliant Energy Mandalay, Inc.............  EG08-1-000
Arlington Wind Power Project LLC.........  EG08-2-000
Forked River Power LLC...................  EG08-3-000

FPL Energy Oliver Wind II, LCC...........  EG08-4-000
Marble River, LLC........................  EG08-5-000
Santa Rosa Energy Center, LLC............  EG08-6-000
Long Beach Peakers LLC...................  EG08-7-000
Plum Point Energy Associates, L.L.C......  EG08-8-000
Wharton County Generation, LLC...........  EG08-9-000
Macquarie Bank Limited...................  FC08-1-000
------------------------------------------------------------------------

    Take notice that during the month of December 2007, the status of
the above-captioned entities as Exempt Wholesale Generators or Foreign
Utility Companies became effective by operation of the Commission's
regulations. 18 CFR 366.7(a).

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-2109 Filed 2-5-08; 8:45 am]

BILLING CODE 6717-01-P