SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY STANDARDS OF PERFORMANCE NSPS Subpart Da Electric Utility Steam Generating Units 1. Identification of the Information Collection 1( a) Title of the Information Collection ICR for NSPS, Subpart Da  Standards of Performance for Electric Utility Steam Generating Units for Which Construction is Commenced After September 18, 1978.

1( b) Short Characterization/ Abstract The New Source Performance Standards ( NSPS) for electric steam generating units ( 40 CFR 60, Subpart Da) were proposed on September 18, 1978 and promulgated on June 11, 1979 ( 44 FR 33613). These standards apply to each electric utility steam generating units which is capable of combusting more than 73 megawatts ( MW) heat input of fossil fuel, for which,

commencing construction, modification, or reconstruction after the date of proposal. This information is being collected to assure compliance with 40 CFR Part 60, Subpart Da.

Owners or operators of the affected facilities described must make one time only notifications. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Monitoring requirements specific to electric utility steam generating units provide information on the operation of the emissions control device and compliance with the SO 2, NO x, and particulate matter ( PM) standards.

Quarterly reports of excess emissions, and/ or semiannual reports of are required. These notifications, reports, and records are essential in determining compliance; and are required, in general, of all sources subject to NSPS.

Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least two years following the date of such measurements,

maintenance reports, and records.

Approximately 113 sources are currently subject to the standard, and it is estimated that an additional 7 sources per year will become subject to the standard in the next three years. The cost of this ICR will be $ 680,826 dollars. All reports are sent to the delegated State or Local authority. In the event that there is no such delegated authority, the reports are sent directly to the EPA Regional Office.

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under Section 111 of the Clean Air Act, as amended, to establish standards of performance for new stationary sources that reflect:

. . . application of the best technological system of continuous emissions reduction which ( taking into consideration the cost of achieving such emissions reduction, or any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated [ Section 111( a)( l)]. The Agency refers to this charge as selecting the best demonstrated technology ( BDT).

Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years.

In addition, Section 114( a) States that:

. . . the Administrator may require any owner or operator subject to any requirement of this Act to ( A) establish and maintain such records, ( B) make such reports, ( C)

install, use, and maintain such monitoring equipment or methods ( in accordance with such methods at such locations, at such intervals, and in such manner as the Administrator shall prescribe), and ( D) sample such emissions, ( E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical, ( F) submit compliance certifications, and ( G)

provide such other information as he may reasonably require.

In the Administrator's judgment, SO 2, NO x, and PM emissions from electric utility steam generating units cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, NSPS were promulgated for this source category at 40 CFR Part 60 Subpart Da .

2( b) PRACTICAL UTILITY/ USERS OF THE DATA The control of emissions of SO 2, NO x, and PM from electric utility steam generating units requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment. Emissions of SO 2, NO x, and PM from electric utility steam generating units are the result of operation of the boilers and the fuel they fire. These standards rely on the capture and/ or reduction of SO 2, NO x, and PM emissions by the use of control technologies such as settling chamber, cyclones, wet collectors, electrostatic precipitators, and fabric filters.

The required notifications are used to inform the Agency or delegated authority when a source becomes subject to the standard. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated and the standard is being met. Performance test reports are needed as these are the Agency's record of a source's initial capability to comply with the emission standard, and serve as a record of the operating conditions under which compliance was achieved. The quarterly/ semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

3. Nonduplication, Consultations, and Other Collection Criteria 3( a) Nonduplication The recordkeeping and reporting requested is required under 40 CFR Part 60 Subpart Da.

If the standard has not been delegated the information is sent to the appropriate EPA Regional Office. Otherwise, the information is sent directly to the delegated State or Local Agency. If a State or Local Agency has adopted their own similar regulation to implement the Federal Regulation, a copy of the report submitted to the State or Local agency can be sent to the Administrator in lieu of the report required by the Federal Standard. Therefore, no duplication exists. 3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of a public comment period for the renewal of this ICR was published in the Federal Register on June 4, 1999.

3( c) Consultations No comments were received on the burden published in the Federal Register.

3( d) Effects of Less Frequent Collection Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the required standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less frequently, the likelihood of detecting poor operation and maintenance of control equipment and noncompliance would decrease.

3( e) General Guidelines None of the reporting or recordkeeping requirements contained in 40 CFR Part 60 Subpart Da or otherwise pertinent to this request violate any of the regulations established by OMB in 5 CFR 1320.6.

3( f) Confidentiality The required information consists of emissions data and other information that have been determined not to be private. However, any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B  Confidentiality of Business Information ( see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251,

September 20, 1978; 44 FR 17674, March 23, 1979).

3( g) Sensitive Questions None of the reporting or recordkeeping requirements contained in 40 CFR Part 60 Subpart Da or otherwise pertinent to this request contain sensitive questions.

4. The Respondents and the Information Requested 4( a) Respondents/ SIC Codes The respondents of the recordkeeping and reporting requirements are for electric utility steam generating unit ( SIC Code 4911) which is capable of combusting more than 73 megawatts ( MW) heat input of fossil fuel, for which construction or modification is commenced after September 18, 1978.

4( b) INFORMATION REQUESTED ( i) Data Items All data in this ICR that is recorded and/ or reported is required by 40 CFR Part 60 Subpart Da.

A source must make the following reports Submit notification of:

Construction/ reconstruction 60.7( a)( 1), anticipated startup 60.7( a)( 2),

actual startup 60.7( a)( 3),

initial performance test 60.8( d),

demonstration of continuous monitoring system 60.7( a)( 5)

physical or operational change 60.7( a)( 4).

Submit report on:

Initial performance test results 60.8 ( a),

excess emissions 60.7( d).

reporting requirements 60.49a A source must keep the following records.

Startups, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative 60.7( b),

Reporting requirements 60.49a Records are required to be retained for two Years.

( ii) Respondent Activities ° Read instructions.

° Install, calibrate, maintain, and operate CMS for opacity, or for pressure drop and liquid supply pressure for wet scrubber.

° Perform initial performance test, Reference Method tests, and repeat performance tests.

° Write the notifications and reports listed above.

° Enter information required to be recorded above. ° Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.

° Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

° Develop, acquire, install, and utilize technology and systems for the purpose of 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.

° Transmit, or otherwise disclose the information.

5. The Information Collected  Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage,

and distribution of the information required under 40 CFR Subpart Da:

 Observe initial performance tests and repeat performance tests if necessary  Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry  Audit facility records  Input, analyze, and maintain data in the Aerometric Information Retrieval System ( AIRS) database 5( b) Collection Methodology and Management Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated. Performance test reports are used by the Agency to discern a source's initial capability to comply with the emission standard, and note the operating conditions under which compliance was achieved. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The quarterly reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into AIRS which is operated and maintained by EPA's Office of Air Quality Planning and Standards. AIRS is EPA's database for the collection, maintenance, and retrieval of compliance and annual emission inventory data for over 100,000 industrial and government owned facilities. EPA uses AIRS for tracking air pollution compliance and enforcement by Local and State regulatory agencies, and EPA Regional Offices and Headquarters. EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner or operator for two years.

5( c) Small Entity Flexibility There are no small businesses affected by this standard.

5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown on Table 2.

6. Estimating the Burden and Cost of the Collection Table 2 documents the computation of individual burdens for each of the recordkeeping and reporting requirements applicable to the industry. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified.

Responses to this information collection are mandatory. The 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.

6( a) Estimating Respondent Burden The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated at 28,606 person hours. These hours are based on Agency studies and background documents from the development of the standards or test methods, Agency knowledge and experience with the NSPS, program, the previously approved ICR, and any comments received.

6( b) Estimating Respondent Costs ( i) Estimating Labor Costs This ICR uses labor rates of $ 23.80 from the United States Department of Commerce Bureau of Labor Statistics, March 1998, Table 2: Employment Costs for Civilian Workers by Occupational and Industry Group. The rates are from column 1: Total compensation.

( ii) Estimating Capital and Operations and Maintenance Costs The type of industry costs associated with the information collection activity in the standards are labor and CEMs. The capital start up costs are one time costs when a facility becomes subject to the standard. The capital start up costs for this regulation are 1,400,000 dollars. This is based on seven new sources per year multiplied by $ 200,000 per CEM. The annual operations and maintenance costs are 1,695,000 dollars. This is based on 113 existing sources multiplied by $ 15,000 for upkeep of the monitoring device. The total respondent costs have been calculated on the addition of the capital start up costs and the annual operations and maintenance costs. The average annual burden for capital and operations and maintenance costs to industry over the next three years of the ICR is estimated to be $ 3,095,000.

( iii) Capital/ Start up vs. Operating and Maintenance ( O& M) Costs Monitoring device start up cost ($) annual O& M costs ($) SO2, NOx, O2, COM $ 200,000 $ 15,000 6( c) Estimating Agency Burden and Cost The only Federal costs are user costs associated with analysis of the reported information.

Publication and distribution of the information are part of the AIRS program. Examination of records to be maintained by the respondents will occur as part of the periodic inspection of sources, which is part of EPA's overall compliance and enforcement program. The average annual Federal Government cost during the 3 years of the ICR is estimated to be $ 193,844 ( from table 1). This cost is based on an average wage of a GS10 step 1 employee rate and travel associated with compliance activities. Details upon which this estimate is based appear in Table 1: Agency Burden.

6( d) Estimating the Respondent Universe and Total Burden and Costs The number of existing sources subject to NSPS Subpart Da is 113. The number of new sources subject to NSPS Subpart Da is seven per year. The total annual labor costs are $ 680,826 and total annual capital and O& M costs to the regulated entity are 3,095,000 dollars. Details upon which this estimate is based appear in Table 2: Industry Burden.

6( e) Bottom Line Burden Hours And Cost Tables see attached tables 6( f) Reasons for Change in Burden The increase in burden from the most recently approved ICR is due to an adjustment for start up costs and O& M of CEMs." The increase in burden is also due to more accurate estimates of existing and anticipated new sources.

6( g) Burden Statement 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. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

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, OPPE Regulatory Information Division, U. S. Environmental Protection Agency ( 2137), 401 M St., S. W.,

Washington, D. C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Include the EPA ICR number and OMB control number in any correspondence.

Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information.


MEMORANDUM TO RECORD

SUBJECT:	Meeting with Robert Weaver on Proposed Revisions to the Water Quality Standards Regulation.

DATE:	Tuesday, June 28, 2011

TIME:	2:00 PM  -  3:00 PM

Participants:

   * EPA HQ:  Shari Barash, Manjali Vlcan,
   * Robert ("Bob") Weaver, Kelly & Weaver

Summary of discussion points/requests for information from Bob Weaver:

* Requested something in writing from the Agency that states that the length of a compliance schedule is not limited by the permit term
      o Shari Barash sent an email on 6/29/11 forwarding EPA's CWA section 303(c) action letters on Indiana's CSO Rule and referenced letter (Nov. 2006 letter to California State Water Resource Board)
* Requested a response on whether states can do something more stringent than federal regulations for variances and compliance schedules.  Shari Barash sent an email response on  7/12/11 stating: "Under CWA 510 a state may adopt or enforce "any standard or limitation respecting discharges of pollutants" or "any requirement respecting control or abatement of pollution" unless it is "less stringent" than a federal standard/limitation in effect under the CWA.  Since variances are considered standards and the term "effluent limitation" includes "schedule of compliance," a state could adopt a more stringent variance or compliance schedule provision than allowed under federal minimum requirements (if their state law allows it)."

* Requested that EPA consider including a link in the proposal to revise 40 CFR 131 to the water quality management planning sections in 40 CFR 130.

* Discussed his desire for "implementation schedules" for attaining the whole water quality standard (akin to the idea of "Restoration Standards" in the Florida Inland Waters Nutrient Proposed Rulemaking).

* Suggested that EPA survey the states on what they are doing in their antidegradation policies and implementation procedures and place that information in the public record for the proposal rule.

* Requested a copy of the "Variance Compendium"


[Federal Register Volume 77, Number 220 (Wednesday, November 14, 2012)]
[Notices]
[Pages 67814-67815]
[FR Doc No: 2012-27704]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9751-7]

Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement; request for public
comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA'' or the ``Act''), notice is hereby given of a proposed
settlement to address a lawsuit filed by Public Service Company of
Oklahoma (``Plaintiff'') in the United States Appeals Court for the
Tenth Circuit: Public Service Company of Oklahoma v. U.S. Environmental
Protection Agency, et al., No. 12-9524. On February 24, 2011, Plaintiff
timely filed a Petition for Review, challenging the issuance of EPA's
final rule entitled, ``Approval and Promulgation of Implementation
Plans; Oklahoma; Federal Implementation Plan for Interstate Transport
of Pollution Affecting Visibility and Best Available Retrofit
Technology Determinations,'' 76 FR 81,728 (Dec. 28, 2011) (the ``Final
Rule''). The Final Rule partially approved and partially disapproved
Oklahoma's state implementation plan (``SIP'') submitted under the
``visibility'' and ``interstate transport'' provisions of the Clean Air
Act (``CAA''). The Final Rule included a federal implementation plan
(``FIP'') establishing Best Available Retrofit Technology (``BART'')
emission limitations on sulfur dioxide (``SO2'') for Units 3
and 4 of Plaintiff's Northeastern plant (``Plaintiff's Units'') to
address the visibility and interstate transport provisions of the CAA.
On March 26, 2012, Sierra Club (``Intervenor'') filed a timely motion
to intervene. The motion was granted March 27, 2012. The proposed
settlement agreement establishes a deadline for EPA to take action on a
SIP to be drafted and submitted by Oklahoma addressing Plaintiff's
Units.

DATES: Written comments on the proposed settlement agreement must be
received by December 14, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0826, online at www.regulations.gov (EPA's preferred method);
by email to<EMAIL_ADDRESS>by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Lea Anderson, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreement

    The proposed settlement agreement would resolve a lawsuit
challenging the issuance of EPA's final rule partially approving and
partially disapproving Oklahoma's SIP submitted under the
``visibility'' and ``interstate transport'' provisions of the CAA, 42
U.S.C. Sec.  7410, 7491, and 7492. The Final Rule included a FIP
establishing BART emission limitations on SO2 for Units 3
and 4 of Plaintiff's Northeastern plant to address the visibility and
interstate

transport provisions of the CAA. Specifically, the proposed settlement
agreement outlines the timeframe in which Oklahoma Department of
Environmental Quality (``ODEQ'') develops and the Oklahoma Secretary of
Environment submits to EPA for review SIP revisions containing specific
elements as spelled out in Attachment A of the settlement agreement to
address the ``visibility'' and ``interstate transport'' provisions of
the CAA, 42 U.S.C. Sec.  7410, 7491, and 7492. In turn, the proposed
settlement agreement establishes a deadline for EPA to take final
action on Oklahoma's visibility and interstate transport SIP revisions
addressing Plaintiff's units within six months from the date of EPA's
determination that the revisions meet the requirements of the CAA
consistent with 42 U.S.C. 7410(k)(1)(B). Because this Agreement
requires ODEQ to develop and propose SIP revisions and the Oklahoma
Secretary of Environment (``Secretary'') to submit these SIP revisions
to EPA under the visibility and interstate transport provisions of the
CAA, and because ODEQ and the Secretary prefer to regulate Plaintiff
under such SIP revisions rather than EPA's FIP, ODEQ and the Secretary
are parties to the settlement agreement as are the Plaintiff and the
Intervenor. After EPA fulfills its obligations under the proposed
settlement agreement, Plaintiff, Intervenor, and EPA will file a joint
stipulation of dismissal of Plaintiff's Petition for Review.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed settlement agreement from persons who were not named as
parties or intervenors to the litigation in question. EPA or the
Department of Justice may withdraw or withhold consent to the proposed
settlement agreement if the comments disclose facts or considerations
that indicate that such consent is inappropriate, improper, inadequate,
or inconsistent with the requirements of the Act. Unless EPA or the
Department of Justice determines that consent to this settlement
agreement should be withdrawn, the terms of the proposed settlement
agreement will be affirmed.

II. Additional Information About Commenting on the Proposed Settlement
Agreement

How can I get a copy of the settlement agreement?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2012-0826) contains a copy of the proposed settlement
agreement. The official public docket is available for public viewing
at the Office of Environmental Information (OEI) Docket in the EPA
Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. The EPA Docket Center Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OEI Docket is (202) 566-
1752.
    An electronic version of the public docket is available through
www.regulations.gov. You may use www.regulations.gov to submit or view
public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once in the system, key in
the appropriate docket identification number then select ``search''.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at www.regulations.gov without change, unless
the comment contains copyrighted material, CBI, or other information
whose disclosure is restricted by statute. Information claimed as CBI
and other information whose disclosure is restricted by statute is not
included in the official public docket or in the electronic public
docket. EPA's policy is that copyrighted material, including
copyrighted material contained in a public comment, will not be placed
in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. 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.
    Use of the www.regulations.gov Web site to submit comments to EPA
electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment directly to the Docket without going through
www.regulations.gov, your email address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2012-27704 Filed 11-13-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Proposed Rules]
[Pages 26747-26750]
[FR Doc No: 2016-09795]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6141; Directorate Identifier 2015-NM-048-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Model 767 airplanes. This proposed AD was prompted
by fuel system reviews conducted by the manufacturer. This proposed AD
would require modifying the fuel quantity indicating system (FQIS) to
prevent development of an ignition source inside the center fuel tank
due to electrical fault conditions. This proposed AD would also provide
optional actions for cargo airplanes. We are proposing this AD to
prevent ignition sources inside the center fuel tank, which, in
combination with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by June 20, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>. It
is also available on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2016-6141.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6141; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jon Regimbal, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6506; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2016-6141;
Directorate Identifier 2015-NM-048-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88''),
Amendment 21-78. Subsequently, SFAR 88 was amended by: Amendment 21-82
(67 FR 57490, September 10, 2002; corrected at 67 FR 70809, November
26, 2002) and Amendment 21-83 (67 FR 72830, December 9, 2002; corrected
at 68 FR 37735, June 25, 2003, to change ``21-82'' to ``21-83'').
    Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: Single failures, combination of
failures, and unacceptable (failure) experience. For all three failure
criteria, the evaluations included consideration of previous actions
taken that may mitigate the need for further action.
    We have determined that the actions identified in this proposed AD
are necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.

767 FQIS Design

    The design of the in-tank FQIS components and wiring has the
potential for latent faults that could cause arcs, sparks, or resistive
heating in the event of a hot short of an FQIS tank circuit to power
wiring. The wiring of the FQIS is in some areas cobundled or closely
adjacent to power wiring. An ignition source combined with flammable
conditions in a center fuel tank could result in ignition of flammable
vapor in the fuel tank, causing a structural failure of the wing and
inflight breakup of the airplane.
    Under the policy contained in FAA Policy Memo PS-ANM100-2003-112-15
SFAR 88--Mandatory Action Decision Criteria, dated February 25, 2003
(http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgPolicy.nsf/0/
dc94c3a46396950386256d5e006aed11/

$FILE/Feb2503.pdf), the FAA determined that this ignition source risk
combined with the fleet average flammability for the center wing tank
on most Model 767 airplanes created an unsafe condition for the center
fuel tank. Applying that same policy, the FAA determined that, due to a
lower fleet average flammability, that same unsafe condition does not
exist in the main (wing) tanks of Model 767 airplanes. The FAA has also
determined that the unsafe condition does not exist in the center wing
tanks of certain Model 767-200 airplanes that do not carry fuel within
the center wing structural box. For those Model 767-200 airplanes, the
center tank consists of rib bays in the wing root area between the side
of the fuselage and the engine nacelles. Those areas are subject to
cooling from air flow over the wing in flight, and Boeing has shown
that the center fuel tank on those airplanes meets the FAA's definition
of a low-flammability fuel tank contained in the policy memo mentioned
previously.

Related Rulemaking

    On March 21, 2016, we issued AD 2016-07-07, Amendment 39-18452 (81
FR 19472, April 5, 2016), for certain Boeing Model 757-200, -200PF, -
200CB, and -300 series airplanes. AD 2016-07-07 requires similar
actions to those proposed in this NPRM. AD 2016-07-07 addressed the
numerous public comments that were submitted on the proposal.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Service Bulletin 767-28-0118, dated July 15,
2014. The service information describes procedures for a BITE check
(check of built-in test equipment) of the FQIS. This service
information 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.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require modifying the FQIS to prevent
development of an ignition source inside the center fuel tank due to
electrical fault conditions. As an alternative for cargo airplanes,
this proposed AD would provide the option to modify the airplane by
separating FQIS wiring routed between the FQIS processor and the center
fuel tank, provided repetitive BITE checks (checks of built-in test
equipment) of the FQIS are also performed. Refer to the service
information identified previously for details on the procedures and
compliance times.

Costs of Compliance

    We estimate that this proposed AD affects 133 airplanes of U.S.
registry. This estimate includes 127 cargo airplanes; 4 private,
business/corporate/executive, or government airplanes; and 2
experimental airplanes. We estimate the following costs to comply with
this proposed AD:

                                        Estimated Costs--Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
           Action                        Labor cost               Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Modification................  1,200 work-hours x $85 per hour        $200,000         $302,000      $40,166,000
                               = $102,000.
----------------------------------------------------------------------------------------------------------------

                                      Estimated Costs--Alternative Actions
----------------------------------------------------------------------------------------------------------------
                Action                            Labor cost               Parts cost        Cost per product
----------------------------------------------------------------------------------------------------------------
BITE check...........................  18 work-hours x $85 per hour =                $0  $1,530 per check.
                                        $1,530 per check.
Wire separation......................  230 work-hours x $85 per hour =          $10,000  $29,550.
                                        $19,550.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2016-6141; Directorate Identifier
2015-NM-048-AD.

(a) Comments Due Date

    We must receive comments by June 20, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category,
excluding airplanes identified in paragraphs (c)(1) and (c)(2) of
this AD.
    (1) Airplanes on which the center auxiliary tank consists only
of the spaces between the side of body rib 0 and rib 3 of the left
and right wings (i.e., the wing center structural box is a dry bay
and is not part of the fuel tank).
    (2) Airplanes equipped with a flammability reduction means (FRM)
approved by the FAA as compliant with the Fuel Tank Flammability
Reduction (FTFR) rule (73 FR 42444, July 21, 2008) requirements of
section 25.981(b) or section 26.33(c)(1) of the Federal Aviation
Regulations (14 CFR 25.981(b) or 14 CFR 26.33(c)(1)).

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent ignition sources
inside the center fuel tank, which, in combination with flammable
fuel vapors, could result in a fuel tank explosion and consequent
loss of the airplane.

(f) Compliance

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

(g) Modification

    Within 60 months after the effective date of this AD, modify the
fuel quantity indicating system (FQIS) to prevent development of an
ignition source inside the center fuel tank due to electrical fault
conditions, using a method approved in accordance with the
procedures specified in paragraph (i) of this AD.

(h) Alternative Actions for Cargo Airplanes

    For airplanes used exclusively for cargo operations: As an
alternative to the requirements of paragraph (g) of this AD, do the
actions specified in paragraphs (h)(1) and (h)(2) of this AD. To
exercise this option, operators must perform the first inspection
required under paragraph (h)(1) of this AD within 6 months after the
effective date of this AD. To exercise this option for airplanes
returned to service after conversion of the airplane from a
passenger configuration to an all-cargo configuration more than 6
months after the effective date of this AD, operators must perform
the first inspection required under paragraph (h)(1) of this AD
prior to further flight after the conversion.
    (1) Within 6 months after the effective date of this AD, record
the existing fault codes stored in the FQIS processor and then do a
BITE check (check of built-in test equipment) of the FQIS, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 767-28-0118, dated July 15, 2014. If any nondispatchable
fault code is recorded prior to the BITE check or as a result of the
BITE check, before further flight, do all applicable repairs and
repeat the BITE check until a successful test is performed with no
nondispatchable faults found, in accordance with Boeing Service
Bulletin 767-28-0118, dated July 15, 2014. Repeat these actions
thereafter at intervals not to exceed 650 flight hours. Modification
as specified in paragraph (h)(2) of this AD does not terminate the
repetitive BITE check requirement of this paragraph.
    (2) Within 60 months after the effective date of this AD, modify
the airplane by separating FQIS wiring that runs between the FQIS
processor and the center tank wing spar penetrations, including any
circuits that might pass through a main fuel tank, from other
airplane wiring that is not intrinsically safe, using methods
approved in accordance with the procedures specified in paragraph
(i) of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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 paragraph (j) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (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) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(i)(4)(i) and (i)(4)(ii) apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. An AMOC is required for any deviations to RC steps,
including substeps and identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(j) Related Information

    For more information about this AD, contact Jon Regimbal,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton,
WA 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
    Issued in Renton, Washington, on April 15, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-09795 Filed 5-3-16; 8:45 am]
 BILLING CODE 4910-13-P


replace the citation "§ 261.3(e)" with "§ 261.3(f)"
268.7(d) introductory paragraph
140(2)(a)IBR
045(1)
                                       X

remove the duplicate phrase "or State authorized to implement part 268 requirements"
268.7(d)(1) introductory paragraph
140(2)(a)IBR
045(1)
                                       X

add subparagraphs (d)(1)(i) through (iii): The name and address of the Subtitle D facility receiving the treated debris; (ii) A description of the hazardous debris as initially generated, including the applicable EPA Hazardous Waste Number(s); and (iii) For debris excluded under § 261.3(f)(1) of this chapter, the technology from Table 1, § 268.45, used to treat the debris
268.7(d)(1)(i)  -  (iii)
140(2)(a)IBR
045(1)
                                       X

replace the citation "§261.2(e)(1)" with "§261.3 (f)(1)"
268.7(d)(2)
140(2)(a)IBR
045(1)
                                       X

replace "§ 261.3(e)(1)" with "§ 261.3 (f)(1)"
268.7(d)(3)
140(2)(a)IBR
045(1)
                                       X

             SUBPART B  --  SCHEDULE FOR LAND DISPOSAL PROHIBITION
                   AND ESTABLISHMENT OF TREATMENT STANDARDS

replace "not withstanding" with "notwithstanding" in both instances
268.14(b)
140(2)(a)IBR
045(1)
                                       X

replace "not withstanding" with "notwithstanding" in both instances.
268.14(c)
140(2)(a)IBR
045(1)
                                       X

                       SUBPART D  --  TREATMENT STANDARDS

replace "as definded" with "as defined"
268.40(g)
140(2)(a)IBR
045(1)
                                       X

at the column heading "Wastewaters", replace "Concentration in mg/L[3]" with "Concentration [3] in mg/L"; at the column heading "Nonwastewaters", replace "Concentration in mg/kg[5]" with "Concentration[5] in mg/kg"; at the entry "K047", in the waste description column, replace "water form TNT" with "water from TNT"; at the entries "K049" and "K051", replace the CAS number for "Chrysene" from "2218 - 01 - 9" to "218 - 01 - 9"; at the entry "K088", replace the common name "Bemz(a)anthracene" to read "Benz(a)anthracene"; and replace the common name "indeno(1,2,3,- c,d)pyrene" with "indeno(1,2,3- cd)pyrene"; at the entry "K111", replace the CAS number for "2,4-Dinitrotoluene" from "121 - 1 - 2" to "121 - 14 - 2"; at the entry "K114", in the waste description column, replace the common name "dinitrotolune" with "dinitrotoluene"; at the entry "K156", replace the CAS number for "Acetophenone" from "96 -  86 - 2" to "98 - 86 - 2"; and replace the CAS number for "Triethylamine" from "101 - 44 - 8" with "121 - 44 - 8"; at the entry "U202" "Acetone" following "U001", replace "U202" to read "U002"; at the entry "U134", replace the CAS number "16984 - 48 - 8" with "7664 - 39 - 3"; at the entry "U137", replace in the waste description and in the common name columns "indeno(1,2,3- c,d)pyrene" with "indeno(1,2,3- cd)pyrene" in both instances
268.40/Table "TREATMENT STANDARDS FOR HAZARDOUS WASTES"
140(2)(a)IBR
045(1)
                                       X

amend the entry for Technology code "SSTRP" in the second column as follows:  in the first sentence, replace "as well as, temperature and pressure ranges have" with "as well as temperature and pressure ranges, have" (i.e., remove commas); in the second sentence, insert a comma after the phrase "parameters of the unit"; remove the comma in the phrase "such as, the number"; and replace the period at the end of "the internal column design." with a comma; in the third sentence, replace "Thus, resulting" with "thus resulting"
268.42/Table 1
140(2)(a) IBR
045(1)
                                       X

in last sentence of the certification statement, replace "I am aware that these are" with "I am aware that there are"
268.44(c)
140(2)(a)IBR
045(1)
                                       X

at item B.1., first column, replace "biodegration" with "biodegradation"; at item B.2.a., first column, replace "electolytic" with "electrolytic"; and under number (8), replace "permanganates" with "permanganates"
268.45/Table 1
140(2)(a)IBR
045(1)
                                       X

at the column heading "Wastewater standard", replace "Concentration in mg/l[2]" with "Concentration[2] in mg/l"; at the column heading "Nonwastewater standard", replace "Concentration in mg/kg[3]" with "Concentration[3] in mg/kg"; at entry "1,2,3,4,6,7,8- Heptachlorodibenzofluran (1,2,3,4,6,7,8- HpCDF)" replace CAS number "67562 -  39 - 5" with "67562 - 39 - 4"; replace the next entry "1,2,3,4,6,7,8- Heptachlorodibenzofluran (1,2,3,4,7,8,9- HpCDF)" (CAS number 55673 - 89 - 7) with "1,2,3,4,7,8,9 -  Heptachlorodibenzofluran (1,2,3,4,7,8,9 - HpCDF)"
268.48/Table "UNIVERSAL TREATMENT STANDARDS"
140(2)(a)IBR
045(1)
                                       X

replace "flouride" with "fluoride"
268.49(d)
140(2)(a)IBR
045(1)
                                       X

                     SUBPART D  --  PROHIBITIONS ON STORAGE

replace "A owner/operator" with "An owner/operator"
268.50(c)
140(2)(a)IBR
045(1)
                                       X

replace "requirements in this do not" with "requirements in this section do not"
268.50(g)
140(2)(a)IBR
045(1)
                                       X

remove the second instances of the entries for "K011" "Nonwastewater" and for "K011" "Wastewater"
Part 268, Appendix VIII,
140(2)(a)IBR
045(1)
                                       X

                 PART 270 -- EPA ADMINISTERED PERMIT PROGRAMS:
                      THE HAZARDOUS WASTE PERMIT PROGRAM

                       SUBPART A  --  GENERAL INFORMATION

after 3001 replace "Indentification" with "Identification"
270.1(a)(2)/Table
No analog
                                       X

replace "analagous" with "analogous"
270.1(b) introductory paragraph
No direct analog Related analog is (803(2))

replace "it they" with "if they?"
270.1(c)(1)(iii)
No direct analog
Related analog is (800(2) and 802(2))

replace "obtain an RCRA" with "obtain a RCRA"
270.1(c)(3)(i) introductory paragraph
800(7)(c)(i)
                                       X

in the definition of "On-site", replace "continguous" with "contiguous"
270.2
040
                                       X

in the definition of "Publicly owned treatment works (POTW)", replace "unsed" with "used"
270.2
040
                                       X

                       SUBPART B  --  PERMIT APPLICATION

replace "stores, treats, or dispose of" with "stores, treats, or disposes"
270.10(j)
806(12)
                                       X

replace "paragraph (a) or (b) of this must" to read "paragraph (a) or (b) of this section must"
270.11(d)(1)
810(13)(a)
                                       X

in certification statement, replace "upon information and belief" with "to the best of my knowledge and belief"
270.11(d)(2)
No analog

replace "Sancturies" with "Sanctuaries"
270.13(k)(7)
803(3)(k)(vii)
                                       X

in next to the last sentence, replace "design drawings and specification" with "design drawings and specifications"
270.14(a)
806(4)(a)
                                       X

replace "with 200 feet" with "within 200 feet"
270.14(b)(11)(ii)(B)
282(6)(a)(i)
State requires more stringent siting criteria

                                       X

replace "intermittant" with "intermittent"
270.14(b)(19)(iii)
806(4)(a)(xviii)(C)
                                       X

replace "uner" with "under"
270.14(b)(21)
806(4)(a)(xxvi)
                                       X

replace "detailed-plans" with "detailed plans"
270.17(f)
806(4)(d)(vii)
                                       X

replace "§ 264.90(2)" to read "§ 264.90(b)(2)"
270.18(b)
806(4)(e)(ii)
                                       X

replace "place" with "placed"
270.18(g)
806(4)(e)(viii)

replace "attentuative" with "attenuative"
270.20(i)(2)
806(4)(g)(viii)(B)
(viii)(A) through (D) were added
                                       X

replace "through(f) § 264.573" with "through (f) of § 264.573"
270.26(c)(15)
806(4)(l)(iii)(O)
More stringent because state requires PE to be independent and registered

                                       X

                        SUBPART C  --  PERMIT CONDITIONS

replace "An RCRA permit" with "A RCRA permit"
270.33(b) introductory paragraph
815(3)(b)
                                       X

                       SUBPART D  --  CHANGES TO PERMITS

replace "environmental" with "environment"
270.41(c)
No direct analog
Related analog is 282(2)(i). The state may consider facility siting during permit modification review
Correction is N/A

                                       X

replace "do no" with "do not"
270.42(d)(2)(i)
830(4)(d)(ii)(A)
                                       X

at item C.4, replace the modification class code (second column) "12" with "2"; at item C.6, replace the citation "264.98(j)" with "264.98(h)"; at item C.7.a, replace the citation "264.98(h)(4)" with "264.98(g)(4)"; at item C.7.b, replace the citation "264.99(k)" with "264.99(j)"; at item C.8.a, replace the citation "264.99(i)(2)" with "264.99(h)(2)"; at item F.2, replace the colon after "2" with a period; at item F.4, replace "Storage of treatment" with "Storage or treatment"; at item F.4.a., replace the modification class code "1" with "11"; at item G.1, replace the colon after "1" with a period; at item H.6, replace the modification class code "*1" with "11"; at item J.7, replace the modification class code "*1" with "11"; at item L.9, replace "Changes Needed to meet Standards" with "changes needed to meet standards"
270.42 Appendix I
830 Appendix I

                                       X

                         SUBPART G  --  INTERIM STATUS

replace "have an RCRA permit" with "have a RCRA permit"
270.70(a) introductory paragraph
805(1)(b)
                                       X

replace "inpoundments" to read "impoundments"
270.72(b)(2)
805(7)(b)(ii)
                                       X

              PART 273 -- STANDARDS FOR UNIVERSAL WASTE MANAGEMENT

                             SUBPART A  --  GENERAL

in the definition of "Universal Waste" replace "hazardous waste" with "hazardous wastes"; in paragraph (1), insert a semicolon after the citation "§ 273.2";  in paragraph (2), insert a semicolon after the citation "§ 273.3"
273.9
040

                                       X

    SUBPART B  --  STANDARDS FOR SMALL QUANTITY HANDLERS OF UNIVERSAL WASTE

replace "prevent releases" with "prevents releases"
273.13(b) introductory paragraph
No analog
The state did not adopt pesticides as a universal waste.  Correction is N/A

add closing quotation marks after the phrase "Universal Waste --  Battery(ies),"
273.14(a)
573(10)(a)
                                       X

    SUBPART B  --  STANDARDS FOR LARGE QUANTITY HANDLERS OF UNIVERSAL WASTE

replace "clearly with the any one" with "clearly with any one"
273.34(a)
573(21)(a)

                                       X

              PART 279 -- STANDARDS FOR THE MANAGEMENT OF USED OIL

                           SUBPART A  --  DEFINITIONS

in the definition of "Petroleum refining facility" replace "kerosine" with "kerosene"
279.1
515(2) IBR
045(1)
                                       X

                          SUBPART B  --  APPLICABILITY

replace "solely exhibits" with "solely exhibit"; and replace "hazardous waste characteristic" with "hazardous waste characteristics"
279.10(b)(2) introductory paragraph
No direct analog
Related analog is 515(5)(e)
More stringent because state doesn't allow mixtures of used oil and dangerous waste.
Correction is N/A

                                       X

in the first sentence, delete "in the specification"; and in the second sentence, replace "not to exceed any specification" with "not to exceed any allowable level"
279.11
515(4) IBR
045(1)
 State requires use of test methods in 110(3)
                                       X

                                       X

replace the title of the table with "TABLE 1 -- USED OIL NOT EXCEEDING ANY ALLOWABLE LEVEL SHOWN BELOW IS NOT SUBJECT TO THIS PART WHEN BURNED FOR ENERGY RECOVERY[1]", and in the first footnote, replace "The specification does not" with "The allowable levels do not"
279.11/Table 1
515(4) IBR
045(1)
and 515(4) Table 1
                                       X

   SUBPART E  --  STANDARDS FOR USED OIL TRANSPORTER AND TRANSFER FACILITIES

insert a comma after the citation "49 CFR 171.15"
279.43(c)(3)(i)
515(8) IBR
045(1)
                                       X

replace "used oil discharged" with "used oil discharge"
279.43(c)(5)
515(8) IBR
045(1)
                                       X

replace "being transporter" with "being transported"
279.44(a)
515(8) IBR
045(1)
                                       X

replace "if the CFC are" with "if the CFCs are"
279.44(c)(2)
515(8) IBR
045(1)
                                       X

replace "subpart F of this chapter" with "subpart F of this part"
279.45(a)
515(8) IBR
045(1)
                                       X

           SUBPART F  --  STANDARDS FOR USED OIL PROCESSORS AND RE-REFINERS

replace "processors and re-refiners" with "processing and re-refining" in both instances
279.52(a)
515(9) IBR
045(1)
                                       X

replace "processors and re-refiners" with "processing and re-refining" in both instances
279.52(b)
515(9) IBR
045(1)
                                       X

replace "release or used oil" with "release of used oil"
279.52(b)(1)(ii)
515(9) IBR
045(1)
                                       X

replace "a real extent" with "areal extent"; replace "facility records of manifests" with "facility records or manifests"; and replace "analysts" with "analyses"
279.52(b)(6)(ii)
515(9) IBR
045(1)
                                       X

replace "from water of chemical" with "from water or chemical"
279.52(b)(6)(iii)
515(9) IBR
045(1)
                                       X

replace "At at minimum" with "At a minimum"
279.55(a) introductory paragraph
515(9) IBR
045(1)
                                       X

replace "§ 260.20 and 260.21" with "§§ 260.20 and 260.21"
279.55(b)(2)(i)(B)
515(9) IBR
045(1)
                                       X

replace "processor/rerefining" with "processor/re-refiner"
279.56(a)(2)
515(9) IBR
045(1)
                                       X

replace "an specified" to read "as specified"
279.57(a)(2)(ii)
515(9) IBR
045(1)
                                       X

replace "or re-fining of" with "or re-refining of"
279.59
515(9) IBR
045(1)
                                       X

            SUBPART G  --  STANDARDS FOR USED OIL BURNERS WHO BURN
                OFF-SPECIFICATION USED OIL FOR ENERGY RECOVERY

replace "processor/refiner" to read "processor/re-refiner"
279.63(b)(3)
515(10) IBR
045(1)
                                       X

replace the word "existing" with "new"
279.64(e)
515(10) IBR
045(1)
                                       X

              SUBPART G  --  STANDARDS FOR USED OIL FUEL MARKETERS

replace the word "incidently" with "incidentally"
279.70(b)(1)
515(11) IBR
045(1)
                                       X


[Federal Register Volume 77, Number 62 (Friday, March 30, 2012)]
[Notices]
[Pages 19399-19400]
[FR Doc No: 2012-7632]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66660; File No. SR-ISE-2012-24]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Clarifying That Rule Change in Connection With Proposed
Combination Between NYSE Euronext and Deutsche B[ouml]rse AG Will Not
Become Effective

March 26, 2012.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Exchange Act'' or ``Act''),\2\ and Rule 19b-4
thereunder,\3\ notice is hereby given that on March 22, 2012,
International Securities Exchange, LLC (the ``Exchange'' or ``ISE'')
filed with the Securities and Exchange Commission (the ``Commission'')
the proposed rule change (the ``Proposed Rule Change'') as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
Proposed Rule Change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange previously submitted a proposed rule change \4\ (the
``Holdco Proposal'') in connection with the proposed business
combination (the ``Combination'') of NYSE Euronext, a Delaware
corporation, and Deutsche B[ouml]rse AG, an Aktiengesellschaft
organized under the laws of the Federal Republic of Germany (``Deutsche
B[ouml]rse''). The Holdco Proposal was conditionally approved by the
Commission.\5\ The Exchange is submitting this Proposed Rule Change in
order to clarify that the Holdco Proposal will not become effective.
The text of the Proposed Rule Change is available on the Exchange's Web
site www.ise.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 65566 (October 14,
2011), 76 FR 65247 (October 20, 2011) (SR-ISE-2011-69).
    \5\ See Securities Exchange Act Release No. 66171 (January 17,
2012), 77 FR 3297 (January 23, 2012) (File Nos. SR-EDGA-2011-34; SR-
EDGX-2011-33; SR-ISE-2011-69; SR-NYSE-2011-51; SR-NYSEAmex-2011-78;
SR-NYSEArca-2011-72).
---------------------------------------------------------------------------

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange has included
statements concerning the purpose of, and basis for, the Proposed Rule
Change. The text of these statements may be examined at the places
specified in Item IV below. The Exchange has prepared summaries, set
forth in Sections A, B and C below, of the most significant aspects of
such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to clarify that the Combination contemplated
by the Holdco Proposal will not be completed and, therefore, the Holdco
Proposal conditionally approved by the Commission \6\ will not become
effective.
---------------------------------------------------------------------------

    \6\ Id.
---------------------------------------------------------------------------

    The Holdco Proposal was submitted to the Commission in connection
with the Combination.\7\ The purpose of the Holdco Proposal was to
adopt the rules necessary to permit NYSE Euronext and Deutsche
B[ouml]rse to effect the Combination and to amend certain provisions of
the organizational and other governance documents of Alpha Beta
Netherlands Holding N.V., a holding company organized under the laws of
the Netherlands (``Holdco''), and ISE Holdings, Inc.
---------------------------------------------------------------------------

    \7\ See supra note 4.
---------------------------------------------------------------------------

    The Commission's approval of the Holdco Proposal was conditioned on
completion of the Combination, and the Commission noted that if the
Combination is not consummated, the Holdco Proposal would not become
effective.
    On February 2, 2012, following the European Commission's decision
to prohibit the Combination, NYSE Euronext and Deutsche B[ouml]rse
agreed to terminate the Business Combination Agreement, dated as of
February 15, 2011, as amended by Amendment No. 1 dated as of May 2,
2011 and by Amendment No. 2 dated as of June 16, 2011, by and among
NYSE Euronext, Deutsche B[ouml]rse, Holdco and Pomme Merger
Corporation, a Delaware corporation and newly formed wholly owned
subsidiary of Holdco.
    Accordingly, the Combination contemplated by the Holdco Proposal
will not be completed and, therefore, the Holdco Proposal conditionally
approved by the Commission will not become effective.
2. Statutory Basis
    The Exchange believes that this filing is consistent with Section
6(b) \8\ of the Securities Exchange Act of 1934 (the ``Exchange Act'')
in general, and furthers the objectives of Section 6(b)(5) \9\ in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system. Specifically, the Exchange
believes that the Proposed Rule Change will clarify the corporate
structure of the Exchange, which will promote just and equitable
principles of trade and help to protect investors and the public
interest.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the Proposed Rule Change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Exchange Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    The Exchange has neither solicited nor received written comments on
the Proposed Rule Change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms, does not become operative for 30 days after the
date of this filing, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest, the proposed rule change has become effective pursuant to

Section 19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6)
thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has fulfilled this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the Proposed Rule
Change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Exchange Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2012-24 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2012-24. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2012-24 and should be
submitted on or before April 20, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-7632 Filed 3-29-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 26 (Friday, February 7, 2020)]
[Rules and Regulations]
[Pages 7192-7193]
[FR Doc No: 2020-02380]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0767; Airspace Docket No. 19-AGL-26]
RIN 2120-AA66

Amendment of Class E Airspace; Neillsville, WI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends the Class E airspace extending upward from
700

feet above the surface at Neillsville Municipal Airport, Neillsville,
WI. This action is due to an airspace review due to the decommissioning
of the Neillsville non-directional radio beacon (NDB).

DATES: Effective 0901 UTC, May 21, 2020. The Director of the Federal
Register approves this incorporation by reference action under Title 1
Code of Federal Regulations part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11D, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

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

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (84 FR 54528; October 10, 2019) for Docket No. FAA-2019-0767
to amend the Class E airspace extending upward from 700 feet above the
surface at Neillsville Municipal Airport, Neillsville, WI. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11D, dated August 8, 2019, and effective September 15,
2019, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11D, Airspace Designations and
Reporting Points, dated August 8, 2019, and effective September 15,
2019. FAA Order 7400.11D is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11D lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 amends the Class E airspace extending upward from 700 feet
above the surface within a 6.3-mile radius of the Neillsville Municipal
Airport, Neillsville, WI; and removes the NDB and the associated
extension. This action is necessary due to the decommissioning and
removal of the Neillsville NDB, and for the safety and management of
instrument flight rules, at this airport.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

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

* * * * *

AGL WI E5 Neillsville, WI [Amended]

Neillsville Municipal Airport, WI
    (Lat. 44[deg]33'29'' N, long. 90[deg]30'44'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Neillsville Municipal Airport.

    Issued in Fort Worth, Texas, on January 30, 2020.
Steve Szukala,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2020-02380 Filed 2-6-20; 8:45 am]
 BILLING CODE 4910-13-P