[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Proposed Rules]
[Pages 41627-41629]
[FR Doc No: 2022-14830]

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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. 87, No. 133 / Wednesday, July 13, 2022 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0872; Project Identifier AD-2022-00431-R]
RIN 2120-AA64

Airworthiness Directives; Robinson Helicopter Company Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2021-19-08, which applies to certain Robinson Helicopter Company
(Robinson) Model R44 and R44 II helicopters. AD 2021-19-08 requires
checking each tail rotor blade (blade) for any crack and removing any
cracked blade from service. AD 2021-19-08 also requires removing all
affected blades from service and prohibits installing any affected
blade on any helicopter. Since the FAA issued AD 2021-19-08, it was
determined that an additional model helicopter and additional blades
are affected by the unsafe condition. This proposed AD would require
the same actions as AD 2021-19-08 and would add certain Robinson Model
R66 helicopters to the applicability and add additional part-numbered
and serial-numbered blades to the applicability. The FAA is proposing
this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by August 29,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Robinson
Helicopter Company, 2901 Airport Drive, Torrance, CA 90505, United
States; phone:<PHONE_NUMBER>; email: [email protected]; website:
https://robinsonheli.com/. You may view this service information at the
FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood
Pkwy., Room 6N-321, Fort Worth, TX 76177. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0872; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: James Guo, Aerospace Engineer,
Airframe Section, Los Angeles ACO Branch, Compliance & Airworthiness
Division, FAA, 3960 Paramount Blvd., Lakewood, CA 90712; telephone
(562) 627-5357; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0872; Project Identifier
AD-2022-00431-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to James
Guo, Aerospace Engineer, Airframe Section, Los Angeles ACO Branch,
Compliance & Airworthiness Division, FAA, 3960 Paramount Blvd.,
Lakewood, CA 90712; telephone<PHONE_NUMBER>; email [email protected].
Any commentary that the FAA receives which is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.

Background

    The FAA issued AD 2021-19-08, Amendment 39-21726 (86 FR 49915,
September 7, 2021) (AD 2021-19-08), for Robinson Model R44 and R44 II
helicopters with a blade part number (P/N) C029-3 with serial number
(S/N) 9410 through 9909 inclusive, installed. AD 2021-19-08 was
prompted by reports of spanwise cracks found along the leading edge of
P/N C029-3 blades, S/N 9410 through 9909. These affected blades were
factory-installed or shipped as spares between March and December 2019.
The cracks were found at different inspection intervals ranging from
preflight inspections to 100-hour inspections. In one instance, a
cracked blade was suspected when the pilot felt

abnormal vibrations during flight; subsequent investigation determined
that the blade was cracked. The cause of the cracks was determined to
be a manufacturing defect in the properties of the blade skin that
makes the blades prone to stress corrosion cracking. This condition, if
not addressed, could result in reduced controllability and subsequent
loss of control of the helicopter. AD 2021-19-08 requires checking each
blade for any crack and removing any cracked blade from service. AD
2021-19-08 also requires removing all affected blades from service and
prohibits installing any affected blade on any helicopter. The agency
issued AD 2021-19-08 to address the unsafe condition on these products.

Actions Since AD 2021-19-08 Was Issued

    Since the FAA issued AD 2021-19-08, two additional cracked blades
were discovered; these blades also exhibited stress corrosion cracking,
however they were not part of the lot of affected blades that are
included in AD 2021-19-08. These new affected blades are from a batch
of blades manufactured from a separate lot of material, and testing
determined that they are also susceptible to stress corrosion cracking
and can be installed on Robinson Model R44, R44 II, and R66
helicopters. Additionally, while AD 2021-19-08 was issued as a Final
rule; request for comments, the FAA has determined that, because the
risk model predictions for the additional helicopter model and blades
are lower, providing notice and opportunity for public comment is
appropriate.
    Since the issuance of 2021-19-08, the FAA received one comment from
Robinson requesting that the FAA correct an inaccurate statement in the
background section of the preamble text. Discovery of the incident was
incorrectly described as a pilot feeling abnormal vibrations during
flight. The incident was actually discovered when the ground crew
noticed an abnormal noise during a shipboard landing.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type designs.

Related Service Information

    The FAA reviewed Robinson R44 Service Bulletin SB-108, dated June
30, 2021. This service bulletin specifies removing P/N C029-3 blades
with S/N 9410 through 9909 from service. For continued operation until
the affected blades are replaced, the service bulletin specifies a
preflight inspection to be performed by the pilot.
    The FAA also reviewed Robinson R44 Service Bulletin SB-110, which
specifies removing P/N C029-3 blades with S/N 9910 through 10659 from
service and Robinson R66 Service Bulletin SB-40, which specifies
removing P/N F029-1 blades with S/N 2410 through 2589 from service.
Both of these service bulletins are dated January 6, 2022 and specify
that a preflight inspection is to be performed by the pilot for
continued operation until the affected blades are replaced.

Proposed AD Requirements in This NPRM

    This proposed AD would continue to require, before further flight
and thereafter before each flight, checking each affected blade for any
crack along the leading edge of the blade. An owner/operator (pilot)
holding at least a private pilot certificate may perform this proposed
check and would have to enter compliance with the applicable paragraph
of this proposed AD in the helicopter maintenance records in accordance
with 14 CFR 43.9(a) and 91.417(a)(2)(v). A pilot may perform this check
because it involves visually checking each blade for a crack. This
action could be performed equally well by a pilot or a mechanic. This
check is an exception to the FAA's standard maintenance regulations.
This proposed AD would also continue to require, before further flight,
removing from service any cracked blade and would prohibit installing
the affected blades on any helicopter. This proposed AD would also
require, within three months after the effective date of AD 2021-19-08
or within six months after the effective date of this AD, as
applicable, removing all affected blades from service. Finally, this
proposed AD would revise the applicability by adding blades with P/N
C029-3 with S/N 9910 through 10659 inclusive to the applicability for
Robinson Model R44 and R44 II helicopters and would also expand the
applicability by adding Robinson Model R66 helicopters with blade P/N
F-029-1 with S/N 2410 through 2589 inclusive installed.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 432 helicopters of U.S. registry. The FAA estimates the
following costs to comply with this proposed AD. Labor costs are
estimated at $85 per work-hour.
    Checking a blade for any crack would take about 0.25 work-hour for
an estimated cost of up to $44 per helicopter (up to two affected
blades per helicopter) and up to $19,008 for the U.S. fleet per check.
Replacing a blade would take about 3.5 work-hours and parts would cost
about $3,320 for an estimated cost of $3,618 per blade and up to
$3,125,952 for the U.S. fleet.
    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive AD 2021-19-08, Amendment 39-21726
(86 FR 49915, September 7, 2021); and
0
b. Adding the following new airworthiness directive:

Robinson Helicopter Company: Docket No. FAA-2022-0872; Project
Identifier AD-2022-00431-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) action by August 29, 2022.

(b) Affected ADs

    This AD replaces AD 2021-19-08, Amendment 39-21726 (86 FR 49915,
September 7, 2021) (AD 2021-19-08).

(c) Applicability

    This AD applies to the following Robinson Helicopter Company
(Robinson) helicopters, certificated in any category:
    (1) Robinson Model R44 and R44 II helicopters with a tail rotor
blade (blade) part number (P/N) C029-3 with serial number (S/N) 9410
through 9909 inclusive, installed;
    (2) Robinson Model R44 and R44 II helicopters with a blade P/N
C029-3 with S/N 9910 through 10659 inclusive, installed; and
    (3) Robinson Model R66 helicopters with a blade P/N F029-1 with
S/N 2410 through 2589 inclusive, installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 6410, Tail Rotor
Blades.

(e) Unsafe Condition

    This AD was prompted by reports of cracked blades. The FAA is
issuing this AD to detect and prevent cracks in the affected blades.
The unsafe condition, if not addressed, could result in reduced
controllability and subsequent loss of control of the helicopter.

(f) Compliance

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

(g) Required Actions

    (1) Before further flight after the effective date of this AD
and thereafter before each flight, check each blade at the leading
edge for a crack. This action may be performed by the owner/operator
(pilot) holding at least a private pilot certificate and must be
entered into the aircraft records showing compliance with this AD in
accordance with 14 CFR 43.9(a) and 14 CFR 91.417(a)(2)(v). The
record must be maintained as required by 14 CFR 91.417, 121.380, or
135.439.
    (2) If there is any crack, before further flight, remove the
blade from service.
    (3) For helicopters identified in paragraph (c)(1) of this AD,
within 3 months after September 22, 2021 (the effective date of AD
2021-19-08) remove from service any blade identified in paragraph
(c)(1) of this AD.
    (4) For helicopters identified in paragraphs (c)(2) and (3) of
this AD, within 6 months after the effective date of this AD, remove
from service any blade identified in paragraph (c)(2) or (3) of this
AD, as applicable to your model helicopter.
    (5) For helicopters identified in paragraph (c)(1) of this AD,
as of September 22, 2021 (the effective date of AD 2021-19-08), do
not install a blade identified in paragraph (c)(1) of this AD on any
helicopter.
    (6) For helicopters identified in paragraphs (c)(2) and (3) of
this AD, as of the effective date of this AD, do not install a blade
identified in paragraph (c)(2) or (3) of this AD, as applicable to
your model helicopter, on any helicopter.

(h) Special Flight Permits

    Special flight permits are prohibited.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or local Flight Standards
District Office, as appropriate. If sending information directly to
the manager of the certification office, send it to the attention of
the person identified in paragraph (j) of this AD. Information may
be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) AMOCs approved previously for AD 2021-19-08 are approved as
AMOCs for the corresponding requirements in paragraph (g) of this
AD.

(j) Related Information

    For more information about this AD, contact James Guo, Aerospace
Engineer, Airframe Section, Los Angeles ACO Branch, Compliance &
Airworthiness Division, FAA, 3960 Paramount Blvd., Lakewood, CA
90712; telephone<PHONE_NUMBER>; email [email protected].

    Issued on July 7, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-14830 Filed 7-12-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 44 (Wednesday, March 6, 2013)]
[Notices]
[Pages 14619-14620]
[FR Doc No: 2013-05145]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

 Applications for Certificates of Public Convenience and
Necessity and Foreign Air Carrier Permits

    Notice of Applications for Certificates of Public Convenience and
Necessity and Foreign Air Carrier Permits Filed Under Subpart B
(formerly Subpart Q) during the Week Ending February 16, 2013. The
following Applications for Certificates of Public Convenience and
Necessity and Foreign Air Carrier Permits were filed under Subpart B
(formerly Subpart Q) of the Department of Transportation's Procedural
Regulations (See 14 CFR 301.201 et seq.). The due date for Answers,
Conforming Applications, or Motions to Modify Scope are set forth below
for each application. Following the Answer period DOT may process the
application by expedited procedures. Such procedures may consist of the
adoption of a show-cause order, a tentative order, or in appropriate
cases a final order without further proceedings.

    Docket Number: DOT-OST-2013-0032.
    Date Filed: Februrary 15, 2013.
    Due Date for Answers, Conforming Applications, or Motion to Modify
Scope: March 8, 2013.
    Description: Joint application of United Air Lines, Inc.
(``United''), Continental Airlines, Inc. (``Continental''), Continental
Micronesia, Inc. (``Continental Micronesia'') and Air Micronesia, Inc.

(``Air Micronesia'') (collectively, the ``Joint Applicants'') notifying
the Department of an upcoming corporate name change of Continental to
``United Airlines, Inc.'', requests reissuance of their certificates of
public convenience and necessity and economic and other authorities to
reflect this name change, and request that the trade name
``Continental'' be registered for use in their operations as may be
needed during the completion of their merger and integration process.

Barbara J. Hairston,
Acting Program Manager, Docket Operations, Federal Register Liaison.
[FR Doc. 2013-05145 Filed 3-5-13; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register: February 12, 2008 (Volume 73, Number 29)]
[Proposed Rules]
[Page 8026-8028]
[DOCID:fr12fe08-5]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2006-0665; FRL-8528-1]

Approval and Promulgation of Air Quality Implementation Plans;
Texas; Texas Low-Emission Diesel Fuel Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision to the State
Implementation Plan (SIP) for the state of Texas. This revision makes
changes to the Texas Low-Emission Diesel (TXLED) Fuel program. The
revision establishes a replicable procedure for the State to approve
Alternative Emission Reduction Plans (AERPs), extends the date of state
approvals, and brings marine diesel fuels under the TXLED program. The
revision also refines and clarifies testing requirements. The changes
being proposed for approval positively influence the reductions of
oxides of nitrogen (NOX) to be achieved. As a result and in
accordance with section 110(l) of the Clean Air Act, 42 U.S.C. 7410(l),
this revision will not interfere with attainment, reasonable further
progress, or any other applicable requirement of the Clean Air Act.

DATES: Comments must be received on or before March 13, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2006-0665, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the

on-line instructions for submitting comments.
     U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm
 Please click on ``6PD'' (Multimedia) and select

``Air'' before submitting comments.
     E-mail: Mr. Guy Donaldson at<EMAIL_ADDRESS>Also
cc the person listed in the FOR FURTHER INFORMATION CONTACT section
below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number<PHONE_NUMBER>.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 am and 4 pm weekdays except for
legal holidays. Special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2006-0665. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.

The http://www.regulations.gov Web site is an ``anonymous access'' system,

which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov

your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Planning Section

(6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 am and 4:30 pm weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill Deese at<PHONE_NUMBER> to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a 15 cents per
page fee for making photocopies of documents. On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
    Texas Commission on Environmental Quality, Office of Air Quality,
12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Ms. Sandra Rennie, Air Planning
Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>;
fax number<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean EPA. This document concerns control
of air pollution of NOX and VOCs from mobile sources in 110
counties of East Texas where the rule applies. This low-emission diesel
fuel program applies to both on-road and non-road vehicles in the
affected area.

What Action Are We Taking Today?

    We approved the original TXLED rule on November 14, 2001, (66 FR
57196) in conjunction with the Houston-Galveston One-Hour Attainment
Demonstration SIP. We also approved revisions to this rule on April 6,
2005 (70 FR 17321), and on October 6, 2005 (70 FR 58325). Today we are
proposing to approve revisions to the TXLED rule submitted May 15,
2006, June 11, 2007, and June 13, 2007. Among other things, the
revisions establish a replicable procedure for the State to evaluate
Alternative Emission Reduction Plans (AERPs) so that changes to those
plans do not have to be submitted to EPA as a SIP revision. Both EPA
and the Texas Commission on Environmental Quality view this approach as
a way to conserve resources. The revisions also extend the expiration
date for state-approved AERPs and require two forms of marine diesel
fuel to be subject to TXLED requirements. Other less substantive
revisions are listed in the next section.

What Did the State Submit?

    On May 15, 2006, the State submitted revisions to TXLED rules found
in 30 TAC 114.6, 114.312, 114.313, 114.315, 114.316, 114.317, and
114.318. These revisions were adopted by the State on April 26, 2006.
These include revisions to definitions; low emission diesel standards;
designated alternate limits; approved test methods; monitoring,
recordkeeping, and reporting requirements; exemption to low emission
diesel requirements; and alternative emission reduction plans.
    On June 11, 2007, the State submitted revisions adopted on May 9,
2007, to Sec.  114.318, Alternative Emission Reduction Plan. On June
13, 2007, the State submitted revisions adopted on May 23, 2007, to
Sec.  114.6, Definitions, and to Sec.  114.319, Affected Counties and
Compliance Dates.

Why Are These Revisions Approvable?

    EPA finds that the TCEQ submittal meets the requirements of the
CAA. We analyzed the rule revisions to ensure that they did not
compromise the integrity of the approved SIP. Some changes were non-
substantive editorial or format changes. Some substantive changes are
considered minor. Major substantive changes are discussed below. A
detailed analysis of all changes can be found in the Technical Support
Document that accompanies this action.

Section 114.6. Definitions

    The definition of additive is reworded for clarification. The
definition of diesel fuel is expanded to include Diesel Marine fuel
type X, also known as DMX, and Marine Gas Oil, also known as MGO. While
these fuels do not share all fuel parameters with an EPA defined diesel
fuel, EPA diesel and these marine fuels share many fuel parameters and
are all light distillates. Because section 114.312(a) requires all
``diesel fuel'' to conform to TXLED standards or to an approved AERP,
these marine fuels will now be subject to those requirements. Requiring
these marine fuels to meet the TXLED requirements will cause these
fuels to achieve the desired benefit, thereby ensuring further
NOX reductions.

Section 114.312. Low Emission Diesel Standards

    Volatile organic compounds (VOCs) were removed from the list of
emissions that were required to be comparable to those of TXLED for
alternative fuel formulation testing. This change was made to be
consistent with changes made elsewhere in the rule. Because this rule
is a NOX control measure, and not intended to produce VOC
reductions, and because VOC emissions from diesel engines are very
small in any case, we propose to find approvable the removal of the VOC
comparison requirement. Past SIP submittals for attainment, such as the
Dallas-Fort Worth 1-hour attainment demonstration (April 2000) and the
Houston 1-hour attainment demonstration (December 2000), do not contain
values for and do not rely on VOC benefit from the TXLED program.

Section 114.315. Approved Test Methods

    The State added specificity and clarity to the approved rules by
making the following changes. The correlation equation to be used with
ASTM Test Method D5186 is now specified. This equation is the same
equation that appears in the EPA-approved CARB diesel rules. The
adopted rule now requires the Executive Director to consult with and
obtain agreement from EPA before the State approves an alternative to a
test method. Additional fuel properties must be taken into
consideration in characterizing the candidate fuel used in alternative
fuel formulation testing. These include API gravity index, viscosity at
40 degrees C, flash point, and distillation in degrees F. Additional
requirements that the test engine must meet are specified. The test
engine must have a minimum specified amount of operation before
initiating testing and must operate within 110% of its certified
emission levels. An alternative test sequence, which EPA had not
previously acted upon, was deleted from the rule. For a fuel to qualify
as a TXLED fuel under the alternative fuel formulation portion of the
rules, EPA must also be satisfied with the testing demonstration. These
revisions are approvable because the changes make the rule more clear
and provide for EPA involvement where necessary.

Section 114.316. Monitoring, Recordkeeping, and Reporting Requirements

    Reporting on the additive used in an alternative fuel formulation
is shifted from simply the amount used to a demonstration of how the
emission reductions are achieved in the AERP. This strengthens the rule
by making it more enforceable.

Section 114.318. Alternative Emission Reduction Plans

    The AERP allows a diesel fuel producer to comply with the
NOX reduction requirements of TXLED by employing an
alternate fuel strategy. In the May 15, 2006, revision a replicable
procedure is outlined that removes the requirement for all AERP changes
to be approved by EPA with a SIP revision. The procedure describes in
detail how a producer can meet the requirements of this section by
complying with one or more methods laid out in this section of the
rule. Several methods utilize credit for the early introduction of low
sulfur gasoline. We had detailed discussions with the State and
refiners to reach consensus on these methods. The amount of sulfur
reduction from the early introduction of low sulfur gasoline is used to
calculate the appropriate gasoline-to-diesel offset ratios. We find the
replicable procedure presented in the SIP to be an approvable approach
to handling changes to AERPs.
    The June 11, 2007 revision extends the expiration date for state-
approved AERPs from December 31, 2006 to December 31, 2007. The purpose
of extending this date was to provide time for producers and vendors to
complete testing of alternative fuel formulations and additives, which
in turn would provide more options in the marketplace to comply with
the rule requirements. We found that this date extension had no impact
on the path to the 2009 attainment year. Therefore this date extension
is approvable.

Section 114.319. Affected Counties and Compliance Dates

    This section is amended to set a phased compliance schedule for the
implementation of the marine diesel requirements. Producers and
importers must comply by October 1, 2007, bulk distributors must comply
by November

15, 2007, and retail dispensers and other affected persons must comply
by January 1, 2008. Whereas all 110 counties are covered in this
section, the revision covering marine fuels applies only to the HGB
nonattainment area counties of Brazoria, Chambers, Fort Bend,
Galveston, Harris, Liberty, Montgomery, and Waller.

Proposed Action

    We are proposing approval of these revisions to the TXLED rule as
submitted May 15, 2006, June 11, 2007, and June 13, 2007. The revisions
being proposed for approval maintain the potential for the projected
NOX reductions to be achieved. As a result, and in
accordance with section 110(l) of the Act, 42 U.S.C. section 7410(l),
these revisions will not interfere with attainment, reasonable further
progress or any other applicable requirement of the Clean Air Act.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this proposed action is also not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001). This proposed action merely proposes to approve
state law as meeting Federal requirements and imposes no additional
requirements beyond those imposed by state law. Accordingly, the
Administrator certifies that this proposed rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.). Because
this action proposes to approve pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it 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).
    This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This proposed action also
does not have Federalism implications because it does not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This
action merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon Monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen oxides, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

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

     Dated: January 23, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. E8-2556 Filed 2-11-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Notices]
[Page 62396]
[FR Doc No: 2018-26140]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84662; File No. SR-C2-2018-021]

Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change To Allow the Post Only Order Instruction on Complex Orders

November 27, 2018.
    On October 1, 2018, Cboe C2 Exchange, Inc. (``C2'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to allow the Post
Only order instruction on complex orders that route to its electronic
book. The proposed rule change was published for comment in the Federal
Register on October 16, 2018.\3\ On November 20, 2018, C2 filed
Amendment No. 1 to the proposal.\4\ The Commission has received no
comment letters regarding the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 84399 (October 10,
2018), 83 FR 52253.
    \4\ In Amendment No. 1, C2 added definitions of ``Book Only
complex order'' and ``Post Only complex order,'' added rule text
that further describes the handling of Post Only complex orders, and
provided examples demonstrating the operation of Post Only complex
orders. The text of Amendment No. 1 is available at https://www.sec.gov/comments/sr-c2-2018-021/src22018021-4668149-176527.pdf.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \5\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding, or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is November 30, 2018. The Commission is extending this 45-day time
period.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider the proposed rule change. Accordingly, the
Commission, pursuant to Section 19(b)(2) of the Act,\6\ designates
January 14, 2019, as the date by which the Commission shall either
approve or disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change (File No. SR-C2-2018-021).
---------------------------------------------------------------------------

    \6\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-26140 Filed 11-30-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: May 15, 2009 (Volume 74, Number 93)]
[Rules and Regulations]
[Page 22830-22832]
[DOCID:fr15my09-9]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0064]
RIN 1625-AA00

Safety Zone: Ocean City Air Show, Atlantic Ocean, Ocean City, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the Atlantic
Ocean in the vicinity of Ocean City, MD to support the Ocean City Air
Show. This action will restrict vessel traffic on the Atlantic Ocean to
protect mariners from the hazards associated with air show events.

DATES: This rule is effective June 12 through June 14, 2009 from 10
a.m. to 4 p.m. each day.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-0064 and are available online by going to
http://www.regulations.gov, selecting the Advanced Docket Search option
on the right side of the screen, inserting USCG-2009-0064 in the Docket
ID box, pressing Enter, and then clicking on the item in the Docket ID
column. This material is also available for inspection or copying at
the Docket Management Facility (M-30), U.S. Department of
Transportation, 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 FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail LT Tiffany Duffy, Chief, Waterways
Management Division, Sector Hampton Roads, Coast Guard; telephone 757-
668-5580, e-mail<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 23, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone: Ocean City Air Show, Atlantic Ocean, Ocean
City, MD in the Federal Register (74 FR 12102). We received no comments
on the proposed rule. No public meeting was requested, and none was
held.

Background and Purpose

    Coast Guard Sector Hampton Roads has been notified that from June
12 through June 14, 2009, Ocean City, MD will host an air show event on
the Atlantic Ocean between Talbot Street and 33rd Street in Ocean City,
MD. In recent years, there have been unfortunate instances of jets and
planes crashing during performances at air shows. Along with the jet or
plane crash, there is typically a wide area of scattered debris that
also damages property and could cause significant injury or death to
mariners observing the air shows. Due to the need to protect mariners
and the public transiting the Atlantic Ocean immediately below the air
show from hazards associated with the air show, the Coast Guard is
establishing a safety zone bound by the following coordinates:
38[deg]21'30''N/075[deg]03'32''W, 38[deg]21'39''N/075[deg]04'08''W,
38[deg]29'47''N/075[deg]04'58''W, 38[deg]19'37''N/075[deg]04'20''W (NAD
1983). Access to this area will be temporarily restricted for public
safety purposes.

Discussion of Comments and Changes

    The Coast Guard is establishing a safety zone on specified waters
of the Atlantic Ocean bound by the following coordinates:
38[deg]21'30''N/075[deg]03'32''W, 38[deg]21'39''N/075[deg]04'08''W,
38[deg]29'47''N/075[deg]04'58''W, 38[deg]19'37''N/075[deg]04'20''W (NAD
1983), in the vicinity of Ocean City, Maryland. This safety zone will
be established in the interest of public safety during the Ocean City
Air Show and will be enforced from 10 a.m. to 4 p.m. each day from June
12, through June 14, 2009. Access to the safety zone will be restricted
during the specified dates and times. Except for vessels authorized by
the Captain of the Port or his Representative, no person or vessel may
enter or remain in the safety zone. No comments were received on docket
USCG-2009-0064 regarding this rule and no changes have been made to
this rule.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. Although this regulation restricts access
to the safety zone, the effect of this rule will not be significant
because: (i) The safety zone will be in effect for a limited duration;
(ii) the zone is of limited size; and (iii) the Coast Guard will make
notifications via maritime advisories so mariners can adjust their
plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
safety zone will only be in place for a limited duration, before the
effective period of June 12, through June 14, 2009, maritime advisories
will be issued allowing mariners to adjust their plans accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order

13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(d) of the Instruction and neither an environmental assessment nor
an environmental impact statement is required. This rule involves a
temporary safety zone that will be in effect for less than one week. An
``Environmental Analysis Check List'' supporting this determination is
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble.

List of Subjects 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T05-0064 to read as follows:

Sec.  165.T05-0064  Safety Zone: Ocean City Air Show, Atlantic Ocean,
Ocean City, MD.

    (a) Regulated Area. The following area is a safety zone: specified
waters of the Atlantic Ocean bound by the following coordinates:
38[deg]21'30'' N/075[deg]03'32'' W, 38[deg]21'39'' N/075[deg]04'08'' W,
38[deg]29'47'' N/075[deg]04'58'' W, 38[deg]19'37'' N/075[deg]04'20'' W
(NAD 1983), in the vicinity of Ocean City, Maryland.
    (b) Definition: For the purposes of this part, Captain of the Port
Representative: means any U.S. Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port,
Hampton Roads, Virginia to act on his behalf.
    (c) Regulations: (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Hampton Roads or his designated
representatives.
    (2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on shore or on board a vessel
that is displaying a U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty
officer on shore or on board a vessel that is displaying a U.S. Coast
Guard Ensign.
    (3) The Captain of the Port, Hampton Roads can be reached through
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia
at telephone number<PHONE_NUMBER>.
    (4) The Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM marine band radio channel 13 (165.65Mhz) and
channel 16 (156.8 Mhz).
    (d) Enforcement Period: This regulation will be in enforced from 10
a.m. to 4 p.m. daily from June 12, 2009 to June 14, 2009.

    Dated: May 1, 2009.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. E9-11326 Filed 5-14-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Rules and Regulations]
[Pages 28223-28225]
[FR Doc No: 2019-12903]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0384]
RIN 1625-AA00

Safety Zone; Missouri River, Mile Markers 0-738.4, St. Louis, MO
to Sioux City, IA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Missouri River from mile marker (MM) 0 to MM
734.8 between St. Louis, MO and Sioux City, IA. This action is
necessary to provide for the safety of persons, vessels, and the marine
environment on these navigable waters as a result of flooding on the
river that has resulted in some reported levee failures and is
threatening to overtop additional levees. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port Sector Upper Mississippi River (COTP) or a
designated representative.

DATES: This rule is effective without actual notice from June 18, 2019
until July 2, 2019. For the purposes of enforcement, actual notice will
be provided from June 2, 2019 until June 18, 2019. This rule may be
cancelled earlier if the flood conditions resolve before July 2, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0384 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Christian Barger, Sector Upper
Mississippi River Waterways Management Division, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
USACE United States Army Corps of Engineers
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. It is
impracticable because we must establish this safety zone immediately
and lack sufficient time to provide a reasonable comment period and
then consider those comments before issuing this rule. The NPRM process
would delay the establishment of the safety zone and compromise public
safety.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying this rule would be
contrary to public interest because immediate action is necessary to
respond to the potential safety hazards associated with floodwaters
threatening to overtop levees along the river.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP in consultation with the
United States Army Corps of Engineers (USACE) Kansas City District has
determined that potential hazards associated with flood waters threaten
to damage or overtop flood control levees along the river. This rule is
necessary to ensure the safety of persons, vessels, and the marine
environment on these navigable waters due to the flood impacts to
levees.

IV. Discussion of the Rule

    On June 2, 2019, the USACE Kansas City District contacted the Coast
Guard to report floodwaters approaching the tops of levees along the
Missouri River between Mile Marker (MM) 0 and MM 734.8 and requested a
river closure to ensure the safety of persons, vessels, and the marine
environment that would be significantly impacted if floodwaters overtop
the levees. This rule establishes a temporary safety zone from June 2,
2019 until July 2, 2019, or until cancelled by the Captain of the Port
Sector Upper Mississippi River (COTP). The safety zone will be enforced
on all navigable waters of the Missouri River from MM 0 to MM 734.8,
unless reduced in scope by the COTP as flood conditions warrant.
    No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the U.S. Coast Guard (USCG) assigned to units under
the operational control of USCG Sector Upper Mississippi River. To seek
permission to enter, contact the COTP or a designated representative
via VHF-FM channel 16, or through USCG Sector Upper Mississippi River
at<PHONE_NUMBER>. Persons and vessels permitted to enter the safety zone
must comply with all lawful orders or directions issued by the COTP or
designated representative. The COTP or a designated representative will
inform the public of the effective period for the safety zone as well
as any changes in the dates and times of enforcement, as well as
reductions in size of the safety zone as flood conditions improve,
through Local Notice to Mariners (LNMs), Broadcast Notices to Mariners
(BNMs), and/or Marine Safety Information Bulletins (MSIBs), as
appropriate.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not

been designated a ``significant regulatory action,'' under Executive
Order 12866. Accordingly, this rule has not been reviewed by the Office
of Management and Budget (OMB), and pursuant to OMB guidance it is
exempt from the requirements of Executive Order 13771.
    This regulatory action determination is based on the emergency
nature of the action and after consultation with representatives of the
shipping industries that use this reach of river indicate that the many
shipping companies have already made arrangements to avoid this area.
Moreover, the Coast Guard will issue a BNM via VHF-FM marine channel 16
about the zone, and the rule allows vessels to seek permission to enter
the zone on a case-by-case basis.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a temporary safety zone prohibiting entry on a 734-mile stretch of the
Missouri River that is experiencing significant flooding that is
impacting levees. It is categorically excluded from further review
under paragraph L60 (d) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration
supporting this determination will be made available in the docket
where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034; 46 U.S.C. 70051; 33 CFR 1.05-1,
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0384 to read as follows:

Sec.  165.T08-0384  Safety Zone; Missouri River, Mile Markers 0 to
734.8, St. Charles, MO to Sioux City, IA.

    (a) Location. The following area is a safety zone: All waters of
the Missouri River from Mile Marker (MM) 0 to MM 734.8 This section
will be enforced on all navigable waters of the Missouri River, unless
reduced in scope by the Captain of the Port Sector Upper Mississippi
River (COTP) as flood conditions warrant.
    (b) Effective period. This section is effective without actual
notice from June 18, 2019 until July 2, 2019. For the purposes of
enforcement, actual notice will be provided from June 2, 2019 until
June 18, 2019. This section may be cancelled earlier if the flood
conditions resolve before July 2, 2019.

    (c) Regulations. (1) In accordance with the general safety zone
regulations in Sec.  165.23, entry of persons or vessels into this
safety zone described in paragraph (a) of this section is prohibited
unless authorized by the COTP or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard (USCG) assigned to units under the operational
control of USCG Sector Upper Mississippi River.
    (2) To seek permission to enter, contact the COTP or a designated
representative via VHF-FM channel 16, or through USCG Sector Upper
Mississippi River at<PHONE_NUMBER>. Persons and vessels permitted to
enter the safety zone must comply with all lawful orders or directions
issued by the COTP or designated representative.
    (d) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
safety zone as well as any changes in the dates and times of
enforcement, as well as reductions in size of the safety zone as flood
conditions improve, through Local Notice to Mariners (LNMs), Broadcast
Notices to Mariners (BNMs), and/or Marine Safety Information Bulletins
(MSIBs) as appropriate.

    Dated: June 2, 2019.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2019-12903 Filed 6-17-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 36 (Friday, February 22, 2013)]
[Notices]
[Pages 12313-12315]
[FR Doc No: 2013-04031]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0014; FRL-9378-7]

Notice of Receipt of Requests To Voluntarily Cancel Certain
Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests
by registrants to voluntarily cancel certain pesticide registrations.
EPA intends to grant these requests at the close of the comment period
for this announcement unless the Agency receives substantive comments
within the comment period that would merit its further review of the
requests, or unless the registrants withdraw its requests. If these
requests are granted, any sale, distribution, or use of products listed
in this notice will be permitted after the registration has been
cancelled only if such sale, distribution, or use is consistent with
the terms as described in the final order.

DATES: Comments must be received on or before August 21, 2013.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2010-0014, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
    Submit written withdrawal request by mail to: Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001. ATTN: John W. Pates, Jr.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: John W. Pates, Jr., Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including

environmental, human health, and agricultural advocates; the chemical
industry; pesticide users; and members of the public interested in the
sale, distribution, or use of pesticides.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. What action is the agency taking?

    This notice announces receipt by the Agency of requests from
registrants to cancel 25 pesticide products registered under FIFRA
section 3 or 24(c). These registrations are listed in sequence by
registration number (or company number and 24(c) number) in Table 1 of
this unit.
    Unless the Agency determines that there are substantive comments
that warrant further review of the requests or the registrants withdraw
their requests, EPA intends to issue an order in the Federal Register
canceling all of the affected registrations.

                          Table 1--Registrations With Pending Requests for Cancellation
----------------------------------------------------------------------------------------------------------------
          Registration No.                   Product name                          Chemical name
----------------------------------------------------------------------------------------------------------------
000241-00391.......................  Pendulum 3.3 Herbicide.....  Pendimethalin.
000241-00403.......................  Pendimethalin Manufacturing  Pendimethalin.
                                      Concentrate Herbicide.
000264-00807.......................  Calypso 70WG Insecticide...  Thiacloprid.
000655-00802.......................  Prentox Larva-Lur Contains   Propoxur.
                                      Propoxur.
009688-00198.......................  Chemsico Herbicide           Prometon, Diquat dibromide.
                                      Concentrate DP.
009688-00218.......................  Chemsico Herbicide RTU DP..  Prometon, Diquat dibromide.
053883-00135.......................  Esfenvalerate AG...........  Esfenvalerate.
061483-00011.......................  P1/P13 Creosote Oil........  Creosote oil (Note: Derived from any source).
061483-00012.......................  P2 Creosote Coal Tar         Coal Tar Creosote (Note: Derived from any
                                      Solution.                    source).
074062-00002.......................  Winpeace\TM\ SF-1..........  10,10'-Oxybisphenoxarsine.
CA-060004..........................  Gramoxone Inteon...........  Paraquat dichloride.
CA-870038..........................  Griffin Direx 4L Herbicide.  Diuron.
CO-110002..........................  Rozol Prairie Dog Bait.....  Chlorophacinone.
ID-980007..........................  Agri-Mek 0.15 EC Miticide/   Abamectin.
                                      Insecticide.
IL-050001..........................  Callisto...................  Mesotrione.
LA-090006..........................  Confirm 2F.................  Tebufenozide.
OR-030037..........................  Rubigan E.C................  Fenarimol.
OR-040013..........................  Agri-Mek 0.15 EC Miticide/   Abamectin.
                                      Insecticide.
OR-060006..........................  Prowl H2O Herbicide........  Pendimethalin.
OR-060007..........................  Prowl H2O Herbicide........  Pendimethalin.
TX-060017..........................  Gramoxone Inteon...........  Paraquat dichloride.
VA-060002..........................  Gramoxone Inteon...........  Paraquat dichloride.
WA-030007..........................  Palisade EC................  Trinexapac-ethyl.
WA-070010..........................  Pear Wrap Treated with       Ethoxyquin.
                                      Ethoxyquin.
WA-080006..........................  Provide 10SG...............  Gibberellin A4 mixt. with Gibberellin A7.
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 of this unit, in sequence by
EPA company number. This number corresponds to the first part of the
EPA registration numbers of the products listed in this unit.

         Table 2--Registrants Requesting Voluntary Cancellation
------------------------------------------------------------------------
          EPA company No.                 Company name and address
------------------------------------------------------------------------
241 (OR-060006, OR-060007)........  BASF Corporation, 26 Davis Dr., P.O.
                                     Box 13528, Research Triangle Park,
                                     NC 27709-3528.

264...............................  Bayer CropScience LP, 2 T.W.
                                     Alexander Dr., P.O. Box 12014,
                                     Research Triangle Park, NC 27709.
655...............................  Prentiss LLC, Agent: Pyxis
                                     Regulatory Consulting, Inc., 4110
                                     136th St. NW., Gig Harbor, WA
                                     98332.
9688..............................  Chemsico, P.O. Box 142642, St.
                                     Louis, MO 63114-0642.
53883.............................  Control Solutions, Inc., 5903 Genoa-
                                     Red Bluff Rd., Pasadena, TX 77057-
                                     1041.
61483.............................  KMG-Bernuth, Inc., 9555 W. Sam
                                     Houston Pkwy., Suite 600, Houston,
                                     TX 77099.
74062.............................  Winpeace International. LTD., 3414
                                     Bishop St., Cincinnati, OH 45220-
                                     1831.
CA060004; ID980007; IL050001;       Syngenta Crop Protection, LLC, 410
 OR040013; TX060017; VA060002.       Swin Rd., P.O. Box 18300,
                                     Greensboro, NC 27419-8300.
CA870038..........................  Easter Lily Research Foundation,
                                     P.O. Box 907, Brookings, OR 97415.
CO110002..........................  Liphatech, Inc., 3600 W. Elm St.,
                                     Milwaukee, WI 53209.
LA-090006.........................  Dow AgroSciences LLC, 9330
                                     Zionsville Rd., 308/2E,
                                     Indianapolis, IN 46268-1054.
OR-030037.........................  Gowan Company, P.O. Box 5569, Yuma,
                                     AZ 85366-8844.
WA-070010.........................  Wrap Pack Inc., Agent: Technology
                                     Sciences Group, Inc., 1150 18th St.
                                     NW., Suite 100, Washington, D.C.
                                     20036.
WA-080006.........................  Valent BioSciences Corporation,
                                     Environmental Science Division, 870
                                     Technology Way, Libertyville, IL
                                     60048-6316.
------------------------------------------------------------------------

III. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register.
    Section 6(f)(1)(B) of FIFRA requires that before acting on a
request for voluntary cancellation, EPA must provide a 30-day public
comment period on the request for voluntary cancellation or use
termination. In addition, FIFRA section 6(f)(1)(C) requires that EPA
provide a 180-day comment period on a request for voluntary
cancellation or termination of any minor agricultural use before
granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
    The registrants in Table 2 of Unit II. have not requested that EPA
waive the 180-day comment period. Accordingly, EPA will provide a 180-
day comment period on the proposed requests.

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for cancellation
should submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT. If the products have been subject to a
previous cancellation action, the effective date of cancellation and
all other provisions of any earlier cancellation action are
controlling.

V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. Because the Agency has identified no significant
potential risk concerns associated with these pesticide products, upon
cancellation of the products identified in Table 1 of Unit II., EPA
anticipates allowing registrants to sell and distribute existing stocks
of these products for 1 year after publication of the Cancellation
Order in the Federal Register. Thereafter, registrants will be
prohibited from selling or distributing the pesticides identified in
Table 1 of Unit II., except for export consistent with FIFRA section 17
or for proper disposal. Persons other than registrants will generally
be allowed to sell, distribute, or use existing stocks until such
stocks are exhausted, provided that such sale, distribution, or use is
consistent with the terms of the previously approved labeling on, or
that accompanied, the canceled products.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: February 13, 2013.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2013-04031 Filed 2-21-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Notices]
[Pages 50866-50867]
[FR Doc No: 2017-23882]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. OR18-1-000]

CVR Logistics, LLC; Notice of Request for Temporary Waiver

    Take notice that on October 19, 2017, pursuant to Rule 204 of the
Federal Energy Regulatory Commission's (Commission) Rules of Practice
and Procedure, 18 CFR 385.204, CVR Logistics, LLC filed a petition for
temporary waiver of the tariff filing and reporting requirements
applicable to interstate oil pipelines under Sections 6 and 20 of the
Interstate Commerce Act and Parts 341 and 357 of the Commission's
regulations. This request pertains to certain oil pipeline facilities
and its associated appurtenances to be operated by Applicant within the
States of Kansas and Oklahoma, as more fully explained in the petition.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214. Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioner.

    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for review in the Commission's Public
Reference Room in Washington, DC. There is an eSubscription link on the
Web site that enables subscribers to receive email notification when a
document is added to a subscribed docket(s). For assistance with any
FERC Online service, please email [email protected], or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on October 27, 2017.

    Dated: October 24, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-23882 Filed 11-1-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 98 (Friday, May 20, 2011)]
[Proposed Rules]
[Pages 29180-29182]
[FR Doc No: 2011-12509]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0287; FRL-9309-2]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Control of Nitrogen Oxides Emissions From Portland Cement
Kilns

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Pennsylvania. This revision
pertains to the control of nitrogen oxide (NOX) emissions
from Portland cement kilns. This action is being taken under the Clean
Air Act (CAA).

DATES: Written comments must be received on or before June 20, 2011.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0287 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2011-0287, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2011-0287. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact

you for clarification, EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 either electronically in http://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Pennsylvania Department of
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468,
400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto,<PHONE_NUMBER>, or by e-
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. On July 23, 2010, the
Pennsylvania Department of Environmental Protection (PADEP) submitted a
revision to its State Implementation Plan for the control of
NOX from Portland cement kilns.

I. Background

    The SIP revision consists of a regulation to control NOX
emissions from Portland cement kilns. Portland cement manufacturing is
an energy intensive process in which cement is made by grinding and
heating a mixture of raw materials such as limestone, clay, sand, and
iron ore in a rotary kiln. NOX emissions are generated
during fuel combustion by oxidation of chemically-bound nitrogen in the
fuel and by thermal fixation of nitrogen in the combustion air. This
SIP revision is based on the Ozone Transport Commission (OTC) control
measure to reduce NOX emissions from cement kilns. The OTC
members include Pennsylvania, Connecticut, Delaware, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York, Rhode Island,
Vermont, Virginia, and the District of Columbia. The OTC was created
under section 184 of the CAA to establish regulatory programs to reduce
ozone precursor emissions, which includes the reduction of
NOX emissions from cement kilns.

II. Summary of SIP Revision

    The SIP revision amends the NOX emission standards in
the Title 25 of the Pennsylvania Code (25 Pa. Code) Chapter 145,
Subchapter C (Emissions of NOX from Cement Manufacturing),
for Portland cement kilns during the ozone season, from May 1 through
September 30, 2011, and for each year thereafter. The SIP revision
added new definitions and terms, and revised the following: standard
requirements which include emission requirements; compliance
determination by operating and maintaining continuous emissions
monitoring systems (CEMS) for NOX emissions; compliance
demonstration on a kiln-by-kiln basis, a facility-wide emissions
averaging basis or a system-wide averaging basis; and reporting and
recordkeeping requirements by reporting CEMS emissions data and
maintaining an operating log for each Portland cement kiln on a monthly
basis that is maintained onsite for 5 years. A detailed summary of
EPA's review of and rationale for proposing to approve this SIP
revision may be found in the Technical Support Document (TSD) for this
action which is available on line at http://www.regulations.gov, Docket
number EPA-R03-OAR-2011-0287.

III. Proposed Action

    EPA is proposing to approve the Pennsylvania SIP revision for the
control of NOX emissions from Portland cement kilns
submitted on July 23, 2010. This regulation will reduce emissions of
NOX from cement kilns to reduce levels of ozone. The
reduction of NOX emissions will also help protect the public
health from high levels of fine particulate matter (PM2.5),
of which NOX is a precursor component. The reduction of
NOX emissions also reduces visibility impairment and acid
deposition. EPA is soliciting public comments on the issues discussed
in this document. These comments will be considered before taking final
action.

IV. Statutory and Executive Order Reviews

    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 proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, 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 proposed rule, pertaining to Pennsylvania's
control of NOx emissions from Portland cement kilns, 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Particulate matter, Reporting and recordkeeping requirements.

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

    Dated: May 9, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-12509 Filed 5-19-11; 8:45 am]
BILLING CODE 6560-50-P