[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Proposed Rules]
[Pages 70150-70152]
[FR Doc No: 2010-28937]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0228; Directorate Identifier 2009-NM-252-AD]
RIN 2120-AA64

Airworthiness Directives; McDonnell Douglas Corporation Model MD-
11 and MD-11F Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for the products listed above. That NPRM proposed a one-time
inspection to detect damage of the wire assemblies of the tail tank
fuel system, a wiring change, and corrective actions if necessary. That
NPRM was prompted by fuel system reviews conducted by the manufacturer.
This action revises that NPRM by adding, for certain airplanes, a
general visual inspection for correct installation of the self-
adhering, high-temperature electrical insulation tape; installation of
a wire assembly support bracket and routing wire assembly; changing
wire supports; and installation of a wire protection bracket. We are
proposing this supplemental NPRM to detect and correct a potential of
ignition sources inside fuel tanks, which, in combination with
flammable vapors, could result in a fuel tank fire or explosion, and
consequent loss of the airplane.

DATES: We must receive comments on this supplemental NPRM by December
13, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, 3855
Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-0001;
telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. 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 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: Serj Harutunian, Aerospace Engineer,
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0228;
Directorate Identifier 2009-NM-252-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We issued an NPRM to amend 14 CFR part 39 to include an
airworthiness directive (AD) that would apply to certain McDonnell
Douglas Corporation Model MD-11 and MD-11F airplanes. That NPRM was
published in the Federal Register on March 16, 2010 (75 FR 12464). That
NPRM proposed to require a one-time inspection to detect damage of the
wire assemblies of the tail tank fuel system, a wiring change, and
corrective actions if necessary.

Comments

    We gave the public the opportunity to comment on the previous NPRM.
The following presents the comments received on the NPRM and the FAA's
response to each comment.

Request To Incorporate Revised Service Bulletin

    Boeing requested that we modify the original NPRM to reference
Boeing Alert Service Bulletin MD11-28A124, Revision 1, dated August 24,
2010, which clarifies work instructions and screw length requirements.
    We agree. We have revised paragraphs (c), (g), and (h) of this
supplemental NPRM to refer to Boeing Alert Service Bulletin MD11-
28A124, Revision 1, dated August 24, 2010. The revised service bulletin
adds a general visual inspection of the self-adhering high-temperature
electrical insulation tape for correct installation, and changes wire
supports, on airplanes on which the actions specified in Boeing Alert
Service Bulletin MD11-28A124, dated June 17, 2009, have been
accomplished.

Request To Incorporate Information Notice

    FedEx requested that Boeing Service Bulletin Information Notice
(IN) MD11-28A124 IN 01, dated October 1, 2009, be referenced in the
original NPRM as an approved deviation from Boeing Alert Service
Bulletin MD11-28A124, dated June 17, 2009. FedEx stated that, as the
original NPRM is written, the compliance requirements will prevent
FedEx from complying with the original NPRM unless an alternative
method of compliance (AMOC) is granted.
    We partially agree. Since the issuance of the original NPRM, Boeing
has issued Alert Service Bulletin MD11-28A124, Revision 1, dated August
24, 2010, to incorporate the changes outlined in Boeing Service
Bulletin IN MD11-28A124 IN 01, dated October 1, 2009. The revised
service bulletin clarifies work instructions and screw length
requirements. As stated previously, we have changed paragraphs (c),
(g), and (h) of this supplemental NPRM to refer to Boeing Alert Service
Bulletin MD11-28A124, Revision 1, dated August 24, 2010.

Request To Change Wording in Paragraphs (g)(1) and (g)(2)

    Boeing requested that the wording in paragraphs (g)(1) and (g)(2)
of the original NPRM be changed to include the installation of
hardware. Boeing stated that the original NPRM implies that only wiring
changes would be required; installation of brackets and supporting
hardware, however, are required in addition to the wiring changes.
    We agree. The installation of brackets and supporting hardware is
required in addition to the wiring changes. We have revised paragraphs
(g)(1) and (g)(2) of this supplemental NPRM to include the installation
of a wire assembly support bracket, routing wire assembly, and a wire
protection bracket.

Additional Changes

    We have revised the Estimated Costs table to include the cost of
the new inspection and wire support change required in paragraphs (h)
and (i) of this supplemental NPRM, as well as to specify the on-
condition costs that might be incurred.

FAA's Determination

    We are proposing this supplemental NPRM because we evaluated all
the relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of these
same type designs. Certain changes described above expand the scope of
the original NPRM. As a result, we have determined that it is necessary
to reopen the comment period to provide additional opportunity for the
public to comment on this supplemental NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM would require accomplishing the actions
specified in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD will affect 110 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                             Cost per
              Action                       Labor cost          Parts cost    product     Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Inspection of tail tank fuel       1 work-hour x $85 per               $0          $85  $9,350.
 system wire assembly.              hour = $85.
Inspection of electrical           1 work-hour x $85 per                0           85  $9,350.
 insulation tape.                   hour = $85.
Change wire supports.............  3 work-hours x $85 per               9          264  Up to $29,040.
                                    hour = $255.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary installations
and repairs that would be required based on the results of the proposed
inspection. We have no way of determining the number of aircraft that
might need these installations and repairs.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                Action                           Labor cost            Parts cost         Cost per product
----------------------------------------------------------------------------------------------------------------
Installation/repair..................  Up to 23 work-hours x $85 per      $11,829  Up to $13,784.
                                        hour = $1,955.
Adjust tape installation.............  1 x $85 per hour = $85.......            0  $85.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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

    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]

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

McDonnell Douglas Corporation: Docket No. FAA-2010-0228; Directorate
Identifier 2009-NM-252-AD.

Comments Due Date

    (a) We must receive comments by December 13, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to McDonnell Douglas Corporation Model MD-11
and MD-11F airplanes, certificated in any category, as identified in
Boeing Alert Service Bulletin MD11-28A124, Revision 1, dated August
24, 2010.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 28: Fuel.

Unsafe Condition

    (e) This AD was prompted by fuel system reviews conducted by the
manufacturer. We are issuing this AD to detect and correct a
potential of ignition sources inside fuel tanks, which, in
combination with flammable vapors, could result in a fuel tank fire
or explosion, and consequent loss of the airplane.

Compliance

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

Action

    (g) For airplanes in Group 1, Configuration 1; and Group 2,
Configuration 1: Within 60 months after the effective date of this
AD, perform a general visual inspection to detect damage of wire
assemblies of the tail tank fuel system, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin MD11-
28A124, Revision 1, dated August 24, 2010.
    (1) For airplanes in Group 1, Configuration 1: If no damage is
found, before further flight, apply self-adhering high-temperature
electrical insulation tape on the wire assemblies, install wire
assembly support brackets, route wire assemblies, install extruded
channel wire supports, and install a wire protection bracket, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin MD11-28A124, Revision 1, dated August 24, 2010.
    (2) For airplanes in Group 1, Configuration 1: If damage is
found, before further flight, repair or replace the wire assemblies,
apply self-adhering high-temperature electrical insulation tape on
the wire assemblies, install wire assembly support brackets, route
wire assemblies, install extruded channel wire supports, and install
a wire protection bracket, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin MD11-28A124, Revision
1, dated August 24, 2010.
    (3) For airplanes in Group 2, Configuration 1: If no damage is
found, before further flight, install wire assembly support
brackets, route wire assemblies, install extruded channel wire
supports, and install a wire protection bracket, in accordance with
the Accomplishment Instructions of Boeing Alert Service Bulletin
MD11-28A124, Revision 1, dated August 24, 2010.
    (4) For airplanes in Group 2, Configuration 1: If damage is
found, before further flight, repair or replace wire assembly,
install wire assembly support brackets, route wire assemblies,
install extruded channel wire supports, and install a wire
protection bracket, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin MD11-28A124, Revision
1, dated August 24, 2010.
    (h) For airplanes in Group 1, Configuration 2: Within 60 months
after the effective date of this AD, do a general visual inspection
for correct installation of the self-adhering high-temperature
electrical insulation tape, and change the wire supports, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin MD11-28A124, Revision 1, dated August 24, 2010. If
the self-adhering high-temperature electrical insulation tape is
installed incorrectly, before further flight, adjust the tape
installation to achieve the correct dimensions, in accordance with
Figure 1 of Boeing Alert Service Bulletin MD11-28A124, Revision 1,
dated August 24, 2010.
    (i) For airplanes in Group 2, Configuration 2: Within 60 months
after the effective date of this AD, change the wire supports, in
accordance with Figure 2 of Boeing Alert Service Bulletin MD11-
28A124, Revision 1, dated August 24, 2010.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Los Angeles 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 Principal
Maintenance Inspector or Principal Avionics Inspector, as
appropriate, or lacking a principal inspector, your local Flight
Standards District Office.

Related Information

    (k) For more information about this AD, contact Serj Harutunian,
Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood,
California 90712-4137; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>;
e-mail<EMAIL_ADDRESS>    (l) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on November 5, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-28937 Filed 11-16-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
[Rules and Regulations]
[Pages 25307-25311]
[FR Doc No: 2020-08241]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0663; FRL-10007-98-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Infrastructure Requirements for the 2015 Ozone Standard and
Revisions to Modeling Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving two
state implementation plan (SIP) submissions submitted by the State of
Delaware. The first submission addresses the basic program elements,
including, but not limited to, regulatory structure, monitoring,
modeling, legal authority, and adequate resources necessary to assure
attainment and maintenance of the National Ambient Air Quality
Standards (NAAQS). This type of SIP submission is referred to as an
infrastructure SIP submission. Delaware made this submission in order
to address the infrastructure requirements for the 2015 ozone NAAQS.
EPA is approving Delaware's infrastructure SIP submission in accordance
with the requirements of Clean Air Act (CAA) section 110(a). EPA is
also approving a second submission from Delaware which updates a
reference to the current version of EPA's modeling guidance.

DATES: This final rule is effective on June 1, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2019-0663. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2021. Mr. Schulingkamp can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On February 10, 2020 (85 FR 7494), EPA published a notice of
proposed rulemaking (NPRM) for the State of Delaware. In the NPRM, EPA
proposed approval of two SIP submissions submitted on behalf of the
State of Delaware by the Delaware Department of Natural Resources
(DNREC).
    DRNEC submitted the first SIP submission on October 11, 2018 to
address the infrastructure SIP requirements of CAA section 110(a)(2)
for the 2015 ozone NAAQS. This submission addressed the following
elements of CAA section 110(a)(2): (A), (B), (C), (D)(i)(I),
(D)(i)(II), (E), (F), (G), (H), (J), (K), (L), and (M). On November 4,
2019, DNREC submitted a letter identifying outdated references in its
October 11, 2018 submission and committing to submit a future SIP
revision in order to address the deficiency. With this letter, Delaware
requested that EPA conditionally approve the State's submission with
respect to CAA section 110(a)(2)(K), based on the commitment to submit
a future SIP revision to update a State regulation to reflect current
requirements with respect to modeling.
    On December 16, 2019, however, DNREC submitted a second SIP
submission to amend Title 7 of the Delaware Administrative Code (DE
Admin. Code), Regulation 1125, Requirements for Preconstruction Review
in the current EPA-approved SIP for Delaware. The State intended this
submission to meet the commitment described in the State's November 4,
2019 letter as previously described. This second submission revises a
section of Regulation 1125 to incorporate by reference the most recent
revision to

EPA's Guideline on Air Quality Models into State regulation.
Specifically, the revision changes Delaware's regulation that
references the ``Guideline on Air Quality Models'' as published by
EPA's Office of Air Quality Planning and Standards in July 1986 and
supplemented in July 1987 to the ``Guideline on Air Quality Models (40
CFR part 51, Appendix W, July 1, 2019 ed.).'' Because Delaware has
submitted the intended SIP revision outlined in the State's November 4,
2019 letter, EPA considered CAA section 110(a)(2)(K) of Delaware's
October 11, 2018 SIP submission for full approval instead of the
November 4, 2019 request for conditional approval.

II. EPA Analysis

    EPA has analyzed Delaware's October 11, 2018 infrastructure SIP
submission for the 2015 ozone NAAQS and has determined that it meets
the applicable requirements of CAA section 110(a)(2). EPA also reviewed
Delaware's revisions to 7 DE Admin. Code 1125 and concludes that the
revised references to 40 CFR part 51, Appendix W, as published in the
July 2019 edition of the CFR, are the correct modeling guidelines to
use for implementation of CAA programs. A detailed summary of EPA's
review and rationale for approving Delaware's submissions may be found
in the technical support document (TSD) for the proposed rulemaking
action which is available online at www.regulations.gov, docket number
EPA-R03-OAR-2019-0663. Other specific requirements and background
information, as well as the rationale for EPA's proposed action, are
explained in the NPRM and will not be restated here.

III. Response to Comments

    EPA received four sets of comments in response to the NPRM that are
available in the docket for this action. Summaries of the significant
adverse comments and EPA's responses are provided below.
    Comment 1: The first commenter stated that EPA should disapprove
Delaware's infrastructure SIP submission because, ``it is substantially
higher than the 2012 federal levels EPA established for that smog-
forming pollutant.'' The commenter continued by mentioning a ``1,000-
pound-per-square-mile rule'' which, the commenter stated, Delaware and
New Jersey have already implemented while other states have not but are
now in the process of complying.
    Response 1: EPA disagrees with the comment. The commenter did not
provide any additional information beyond general assertions; the
commenter did not identify any specific infrastructure element. The
commenter suggests Delaware has substantially higher smog-forming
pollutants than ``2012 federal levels,'' but EPA notes that the Agency
did not set any ``federal levels'' in the 2012 calendar year for any
smog-forming pollutants such as oxides of nitrogen (NOX) or
volatile organic compounds (VOCs). Furthermore, EPA notes the purpose
of an infrastructure SIP is to ensure the state has addressed the basic
program elements, including, but not limited to, regulatory structure,
monitoring, modeling, legal authority, and adequate resources necessary
to assure attainment and maintenance of the NAAQS; an infrastructure
SIP submission is not required to address the nonattainment plan SIP
submission requirements of section 110(a)(2)(I) for attainment of the
NAAQS in question.\1\ To the extent that Delaware has designated
nonattainment areas for this NAAQS, the State will address and EPA will
evaluate those requirements in a separate action. With respect to a
``1,000-pound-per-square-mile rule,'' EPA is unaware of any such rule
implemented by any of the states named by the commenter, nor was EPA
able to identify the commenter's concerns with EPA's proposed approval
of Delaware's infrastructure submission as it relates to any such rule.
---------------------------------------------------------------------------

    \1\ See Guidance on Infrastructure State Implementation Plan
(SIP) Elements under Clear Air Act Section 110(a)(1) and
110(a)(2),'' Memorandum from Stephen D. Page, September 13, 2013.
---------------------------------------------------------------------------

    Comment 2: The second commenter suggested that EPA should
disapprove Delaware's infrastructure SIP submission, ``because of its
findings that either EPA hasn't considered this issue fully or that it
is not sufficiently vigilant in its enforcement of its regulations.''
The commenter also stated that EPA should disapprove the infrastructure
SIP submission out of concern that the State will not be able to
sustain its planned measures to reduce ozone during the next two
decades. The commenter also referenced four reasonably available
control technology (RACT) programs in the states of Delaware, New
Jersey, New York, and the Commonwealth of Pennsylvania, and suggested
that EPA should disapprove Delaware's infrastructure SIP submission,
``until all four states have RACT programs that are approved.''
    Response 2: EPA disagrees with the commenter's statement that,
``EPA hasn't considered this issue fully or that it is not sufficiently
vigilant in its enforcement of its regulations.'' In the TSD for this
rulemaking action, EPA determined that the State of Delaware is
currently operating a program to provide for the enforcement of
emission limits and other control measures, means, or techniques as may
be necessary or appropriate to meet the applicable requirements of the
CAA. Delaware's SIP submission references several State laws and
regulations which allow the State to exercise its programmatic
authority to utilize enforcement powers, and to impose criminal, civil,
and administrative penalties to sources in the State that violate
applicable SIP emission limits or control measures.
    EPA further disagrees that the Agency should disapprove Delaware's
submission based on the assertion that the State may not be able to
sustain its ozone reductions for the next two decades. In terms of the
SIP submissions before EPA in this rulemaking action, the commenter did
not identify any specific infrastructure SIP deficiencies which would
prevent the State from meeting its obligations. Although the commenter
does not identify any specific CAA requirements, EPA believes the
commenter is referring to the maintenance plan requirements under CAA
section 175A which is analogous to the commenter's phrasing ``. . . to
sustain ozone reductions for the next two decades.'' CAA section 175A
requires any state requesting a redesignation of a nonattainment area
to submit a revision to provide for the maintenance of the NAAQS for at
least 10 years. A state is also required under CAA section 175A(b) to
submit a second revision to provide for the maintenance of the NAAQS
for an additional 10 years after the expiration of the first 10-year
period; thus, ensuring maintenance of the NAAQS for a total of 20
years. The latter maintenance plan requirements under section 175A are
not applicable in the context of an infrastructure SIP submission.
    EPA also disagrees that it should disapprove Delaware's
infrastructure submission because it has not yet approved RACT
submissions for the 2015 ozone NAAQS for the States of Delaware, New
Jersey, New York, and the Commonwealth of Pennsylvania. These RACT
requirements are not relevant to the applicable infrastructure SIP
submission requirements of CAA section 110(a)(1) and 110(a)(2), but
rather to the requirements in CAA sections 110(a)(2)(I), 182 and 184.
These sections establish requirements for nonattainment area SIP
submission and the states included in the Ozone Transport Region (OTR).
    As explained in the response to Comment 1 of this preamble, the

purpose of an infrastructure SIP is not to meet nonattainment plan
requirements for the NAAQS, but to ensure that a state's SIP includes
basic program elements necessary to assure attainment, maintenance, and
enforcement of the NAAQS. The requirements of CAA sections
110(a)(2)(I), 175A, 182, and 184 all relate to states' attainment
planning requirements if they have designated nonattainment areas for
the NAAQS in question. SIP submissions to meet these requirements are
due by different statutorily prescribed deadlines under subparts 2
through 5 under part D. Because the CAA directs states to submit these
nonattainment plan SIP submissions on a separate schedule, EPA does not
interpret the CAA to require states to address these requirements in
the infrastructure SIP submission due three years after promulgation or
revision of a NAAQS.
    Comment 3: The third commenter questioned EPA's proposed approval
of Delaware's infrastructure SIP submission with respect to section
110(a)(2)(K) pertaining to modeling requirements, including the
revision to Regulation 1125. The commenter asserted EPA has already
approved an infrastructure SIP submission from the State of New Mexico
in which that State had language similar to that of the State of
Delaware, and thus suggested that EPA is being inconsistent in its
approach to this infrastructure SIP element. The comment further
asserted that EPA must explain why Delaware's pre-existing regulation
was different from the New Mexico regulation, or else ``recall the
approval of New Mexico's SIP action and force the state to fix the
problem.'' The comment also suggested that EPA cannot require Delaware
to revise its regulations with respect to modeling authority and
requirements to meet CAA section 110(a)(2)(K) ``while allowing New
Mexico to skirt federal regulations.''
    Response 3: EPA disagrees with the commenter. First, as EPA stated
in the NPRM and the TSD for this rulemaking action, Delaware is
correctly addressing the requirements of section 110(a)(2)(K) in this
action. The State correctly addressed the deficiency initially
identified by EPA and submitted a separate SIP revision to change the
reference in Regulation 1125 to refer clearly to the Guideline on Air
Quality Models in 40 CFR part 51, appendix W. Delaware initially
identified an existing state regulation to meet the requirements of
110(a)(2)(K) that explicitly referenced an outdated version of EPA's
Guideline on Air Quality Models. Upon further investigation, EPA
determined, and Delaware agreed, that the State regulation did not
authorize the State to use the most recent version of EPA's Guideline
on Air Quality Models. Delaware made the necessary changes to the State
regulation. EPA proposed approval of Delaware's revision to Regulation
1125 because the revision is consistent with CAA section 110(a)(2)(K)
and allows the State to comply and use the correct modeling guidelines
found in 40 CFR part 51, appendix W.
    Second, EPA disagrees with the commenter's assertion that the
Agency is allowing states to ``skirt federal regulations'' or that the
Agency must ``recall the approval of New Mexico's SIP action and force
the state to fix the problem.'' EPA assumes the commenter is referring
to the final rulemaking notice (FRN) published on September 18, 2019,
relating to New Mexico's 2015 ozone NAAQS infrastructure SIP.\2\ In the
New Mexico FRN, EPA responded to similar comments regarding the
appropriateness of the Agency's proposed approval of CAA section
110(a)(2)(K) and explained why the Agency believed the wording of the
New Mexico regulation was sufficient in the response to comments
section. In that action, upon evaluation of the authority provided by
the regulation in question, EPA and the State agreed that New Mexico's
regulations submitted to meet the relevant CAA requirements provide the
State with the authority and the requirement to use the latest version
of EPA's Guideline on Air Quality Models, also known as Appendix W, and
is not restricting the State to use the version referenced in the
State's regulation.
---------------------------------------------------------------------------

    \2\ See 84 FR 49057, September 18, 2019; ``Air Plan Approval;
New Mexico; Infrastructure for the 2015 Ozone National Ambient Air
Quality Standards and Repeal of State Regulations for Total
Suspended Particulate''.
---------------------------------------------------------------------------

    Finally, EPA is not acting on any New Mexico SIP submission in this
action, thus how New Mexico's SIP meets CAA section 110(a)(2)(K) is not
relevant to the approval of Delaware's Regulation 1125 or the Delaware
infrastructure SIP submission for the 2015 ozone NAAQS with respect to
CAA section 110(a)(2)(K). Further, the New Mexico action's public
comment period closed on May 20, 2019 and the FRN was published on
September 18, 2019 (84 FR 49057, September 18, 2019); there is no basis
to reopen that action at this time, nor does the commenter provide any
such basis.
    Comment 4: The fourth commenter asked why EPA was approving
Delaware's modeling regulation change. The commenter claimed Delaware's
ozone air quality has remained substantially unchanged from 2005
through 2012 even though ozone levels fell in other states. The comment
referenced an ``Ozone Science Program's (OSP) review of the Virginia
program and other states' EPA-issued Ground Level Ozone Standards
(GLOS),'' but did not elaborate this review's conclusions. The comment
claims that EPA approved Delaware's proposed rule change based on
flawed science and because of political and regulatory considerations.
The comment concludes by claiming, ``As a result of EPA's disregard for
its own standards, Delaware's ozone standards remain virtually
unchanged from 2012 until 2022.''
    Response 4: EPA disagrees with the comment. EPA proposed approval
of Delaware's Regulation 1125 because the revision corrects a
deficiency where the State regulation referenced a specific document
authored and published by EPA in 1986 and supplemented in 1987. This
document was replaced by 40 CFR part 51, appendix W and was most
recently updated in the Federal Register on January 17, 2017 at, 82 FR
5203. Based on this information, DNREC correctly revised Regulation
1125 and submitted it to EPA for approval into the SIP, which EPA
subsequently proposed approval in the NPRM. The commenter's assertions
that the proposed approval of this regulation is ``based on flawed
science and because of political and regulatory considerations'' is
incorrect and the commenter did not provide any additional information
to support these claims.
    As a factual matter, EPA also disagrees with the assertions that
Delaware's air quality has remained unchanged for 10 years. Since 2007,
design values \3\ in Delaware have consistently trended downward and
the most recent data shows only three out of the seven State monitors
are showing violations of the 2015 ozone NAAQS based on 2018 design
values.\4\ EPA reiterates that the purpose of an infrastructure SIP is
not to demonstrate attainment of the NAAQS, but to ensure that a
state's SIP has addressed basic program elements necessary to assure
attainment, maintenance, and enforcement of the NAAQS. Therefore, the
status of Delaware's air quality is not relevant to whether EPA should
approve

the revisions to Regulation 1125 or the State's infrastructure SIP
submission.
---------------------------------------------------------------------------

    \3\ A ``design value'' is a statistical metric that describes
the air quality status of a given location relative to the level of
the NAAQS.
    \4\ See https://www.epa.gov/air-trends/air-quality-design-values#report.
---------------------------------------------------------------------------

IV. Final Action

    EPA is approving Delaware's October 11, 2018 infrastructure SIP
submission for the 2015 ozone NAAQS because it provides the basic
program elements specified in CAA section 110(a)(2)(A), (B), (C), (D),
(E), (F), (G), (H), (J), (K), (L), and (M) necessary to implement,
maintain, and enforce the 2015 ozone NAAQS. This rulemaking action does
not include action on CAA section 110(a)(2)(I) which pertains to the
nonattainment planning requirements of part D, title I of the CAA,
because this element is not required to be submitted by the 3-year
submission deadline of section 110(a)(1) of the CAA and will be
addressed in a separate process. EPA is also approving Delaware's
December 16, 2019 SIP submission which updates 7 DE Admin. Code 1125 in
order to incorporate by reference the correct modeling guidelines
contained in 40 CFR part 51, appendix W. EPA's approval of the
infrastructure SIP submission with respect to section 110(a)(2)(K) is
based on this revision to Delaware's SIP.

V. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of section 3.10
of 7 DE Admin. Code, Regulation 1125, effective January 11, 2020. EPA
has made, and will continue to make, these materials generally
available through https://www.regulations.gov and at the EPA Region III
Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the SIP, have been incorporated by reference by EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of EPA's approval, and will
be incorporated by reference in the next update to the SIP
compilation.\5\
---------------------------------------------------------------------------

    \5\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable 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.

B. Submission to Congress and the Comptroller General

    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).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 30, 2020. 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. This action, pertaining to Delaware's section 110(a)(2)
infrastructure requirements for the 2015 ozone NAAQS and revisions to
Regulation 1125, 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, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: April 13, 2020.
Cosmo Servidio,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart I--Delaware

0
2. Amend Sec.  52.420:
0
a. In the table in paragraph (c), under ``1125 Requirements for
Preconstruction

Review'' by revising the entry for ``Section 3.0''; and
0
b. In the table in paragraph (e) by adding the entry ``Section
110(a)(2) Infrastructure Requirements for the 2015 Ozone NAAQS'' at the
end of the table.
    The revision and addition read as follows:

Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                            Epa-Approved Regulations and Statutes in the Delaware Sip
----------------------------------------------------------------------------------------------------------------
                                                             State
 State regulation (7 DNREC 1100)      Title/subject        effective     EPA approval date        Additional
                                                             date                                explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                  1125 Requirements for Preconstruction Review
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 3.0......................  Prevention of               1/11/20  5/1/2020, [insert    Docket #: 2019-
                                    Significant                          Federal Register     0663. Revised
                                    Deterioration of                     citation].           3.10.1 and 3.10.2.
                                    Air Quality.                                              Note: Previous
                                                                                Section 3.0
                                                                                approval October
                                                                                2, 2012.

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

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP        Applicable           State
            revision               geographic area   submittal date   EPA approval date   Additional explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 110(a)(2)                Statewide.........        10/11/18  5/1/2020, [insert   Docket #: 2019-0663.
 Infrastructure Requirements                                          Federal Register    This action addresses
 for the 2015 Ozone NAAQS.                                            citation].          CAA section
                                                                                110(a)(2)(A), (B),
                                                                                (C), (D), (E), (F),
                                                                                (G), (H), (J), (K),
                                                                                (L), and (M).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2020-08241 Filed 4-30-20; 8:45 am]
 BILLING CODE 6560-50-P


EPA-HQ-OAR-2006-0173

EPA Memo to Docket:

On September 6, 2007 EPA (Karl Simon, David Dickinson, Bob Doyle and
Michael Horowitz) met with representatives of the Alliance of Automobile
Manufacturers (John Whatley, Julie Becker and Stuart Drake) regarding
California’s request for a waiver of preemption.  The Alliance
discussed issues about the public comment period and the appropriateness
of submitting comments after the close of the period.


[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)]
[Notices]
[Page 61563]
[FR Doc No: 2015-25852]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Sixty-Fourth Meeting: Special Committee (186) Automatic Dependent
Surveillance-Broadcast (ADS-B)

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

ACTION: Notice of sixty-fourth Special Committee 186 meeting.

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

SUMMARY: The FAA is issuing this notice to advise the public of the
sixty-fourth Special Committee 186 meeting.

DATES: The meeting will be held October 27th-30th from 9:00 a.m.-1:00
p.m.

ADDRESSES: The meeting will be held at RTCA, Inc., 1150 18th Street
NW., Suite 910, Washington, DC 20036, Tel:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th Street
NW., Suite 910, Washington, DC 20036, or by telephone at (202) 833-
9339, fax at<PHONE_NUMBER>, or Web site at http://www.rtca.org or
Harold Moses, Program Director, RTCA, Inc<EMAIL_ADDRESS>(202) 330-
0654.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of Special Committee 186. The agenda will
include the following:

Tuesday, October 27, 2015

1. All Day, WG-4/EUROCAE SubGroup 3--Application Technical
Requirements, NBAA Room & Colson Board Room

Wednesday, October 28, 2015

1. All Day, WG-4/EUROCAE SubGroup 3--Application Technical
Requirements, NBAA Room & Colson Board Room

Thursday, October 29, 2015

1. All Day, WG-4/EUROCAE SubGroup 3--Application Technical
Requirements, NBAA Room & Colson Board Room

Friday, October 30, 2015 (Plenary Session)

1. Chairman's Introductory Remarks
2. Review of Meeting Agenda
3. Review/Approval of the Sixty-third Meeting Summary
4. FAA Surveillance and Broadcast Services (SBS) Program--Status
5. WG-4--Application Technical Requirements
    a. A-IM: Planned scope, schedule, and work plan
6. SC-214/WG-78 Status of final release of CPDLC messages for IM AACD
and PTM
7. Wake/MET Data: SC-206 Status/Tiger Team Deliverable
8. WG-3--Extended Squitter MOPS
    a. Plans to initiate work on DO-260C
    b. Corresponding efforts for SC-209
9. ADS-B Implementation
    a. ADS-B Equipage Update
    b. FAA Broadcast Services (TIS-B, FIS-B, ADS-R)
10. Date, Place and Time of Next Meeting
11. New Business
    a. Impact of SC-147 ACAS XO on DO-317 requirements and A-IM
functions
12. Other Business
13. Review Action Items/Work Programs
14. Adjourn Plenary

    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on October 8, 2015.
Latasha Robinson,
Management & Program Analyst, Next Generation, Enterprise Support
Services Division, Federal Aviation Administration.
[FR Doc. 2015-25852 Filed 10-9-15; 8:45 am]
 BILLING CODE 4910-13-P