[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Notices]
[Pages 79670-79671]
[FR Doc No: 2011-32738]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14332-000]

Historic Harrisville, Inc.; Notice of Application Tendered for
Filing With the Commission and Soliciting Additional Study Requests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Exemption From Licensing.
    b. Project No.: 14332-000.
    c. Date filed: December 5, 2011.
    d. Applicant: Historic Harrisville, Inc.
    e. Name of Project: Cheshire Mills Hydroelectric Project .
    f. Location: On Nubanusit Brook, in the Town of Harrisville,
Cheshire County, New Hampshire. The project would not occupy lands of
the United States.
    g. Filed Pursuant to: Public Utility Regulatory Policies Act of
1978, 16 U.S.C. 2705, 2708.
    h. Applicant Contact: Linda Willett, Historic Harrisville, Inc.,
P.O. Box 79, 69 Main Street, Harrisville, NH 03450,<PHONE_NUMBER>.
    i. FERC Contact: Brandon Cherry,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item l below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See, 94 FERC ]
61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and serve a copy of
the request on the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: February 3, 2012.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site http://www.ferc.gov/docs-filing/ferconline.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>call toll-free at (866) 208-
3676; or, for TTY, contact<PHONE_NUMBER>. Although the Commission
strongly encourages electronic filing, documents may also be paper-
filed. To paper-file, mail an original and seven copies to: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street
NE., Washington, DC 20426.
    m. The application is not ready for environmental analysis at this
time.
    n. The Cheshire Mills Hydroelectric Project would consist of: (1)
The existing 94-foot-long, 29-foot-high quarried-stone Cheshire Mills
Dam with a 38-foot-long, 27-foot-high spillway section; (2) an existing
0.2-acre impoundment with a normal maximum water surface elevation of
1,282.85 feet above mean sea level; (3) an existing intake structure
with a 24-foot-high, 5-foot-wide trashrack that would be modified to
have 1-inch clear bar spacing, and a 4-foot-high, 4-foot-wide sluice
gate; (4) an existing 128-foot-long, 42-inch-diameter steel penstock;
(5) an existing powerhouse containing a rebuilt turbine and a new
generator with an installed capacity of 90 kilowatts; (6) an existing
discharge portal in the bottom of the powerhouse; and (7) a new 75-
foot-long, 208-volt transmission line located in the mill connecting
the generator to an existing distribution system. The proposed project
is estimated to generate an average of 213,000 kilowatt-hours annually.
    o. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    p. With this notice, we are initiating consultation with the New
Hampshire

Division of Historical Resources, as required by 106, National Historic
Preservation Act, and the regulations of the Advisory Council on
Historic Preservation, 36, CFR, at 800.4.
    q. Procedural schedule: The application will be processed according
to the following preliminary Hydro Licensing Schedule. Revisions to the
schedule will be made as appropriate (e.g., if scoping is waived, the
schedule would be shortened).

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

------------------------------------------------------------------------
Issue Deficiency Letter................  February 2012.
Issue Notice of Acceptance.............  April 2012.
Issue Scoping Document.................  May 2012.
Issue Notice of ready for environmental  July 2012.
 analysis.
Issue Notice of the availability of the  December 2012.
 EA.
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    Dated: December 15, 2011.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2011-32738 Filed 12-21-11; 8:45 am]
BILLING CODE 6717-01-P


ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 61 and 63 [ R06 OAR 2005 OK 0003; FRL ]

National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Oklahoma Department of Environmental Quality AGENCY: Environmental Protection Agency ( EPA).

ACTION: Direct final rule; delegation of authority SUMMARY: The Oklahoma Department of Environmental Quality ( ODEQ) has submitted updated regulations for receiving delegation of EPA authority for implementation and enforcement of National Emission Standards for Hazardous Air Pollutants ( NESHAPs) for all sources ( both Part 70 and non Part 70 sources). These regulations apply to certain NESHAPs promulgated by EPA, as amended through September 1, 2004 ( 40 CFR part 61 and 63 standards). The delegation of authority under this notice applies only to sources located in Oklahoma, and does not extend to sources located in Indian country. EPA is providing notice that it is taking direct final action to approve the delegation of certain NESHAPs to ODEQ.

DATES: This rule is effective on [ Insert date 60 days from date of publication in the Federal Register] without further notice, unless EPA receives relevant adverse comment by [ Insert date 30 days from date of publication in the Federal Register]. If EPA receives such comment,

EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. 2 ADDRESSES: Submit your comments, identified by Regional Materials in EDocket ( RME) ID No. R06 OAR 2005 OK 0003, by one of the following methods:

° Federal eRulemaking Portal: http:// www. regulations. gov. Follow the on line instructions for submitting comments.

° Agency Website: http:// docket. epa. gov/ rmepub/, Regional Materials in EDocket ( RME), EPA's electronic public docket and comment system, is EPA's preferred method for receiving comments. Once in the system, select " quick search," then key in the appropriate RME Docket identification number. 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: Jeff Robinson at robinson. jeffrey@ epa. gov.

° Fax: Mr. Jeff Robinson, Air Permits Section ( 6PD R), at fax number 214 665 7263.

° Mail: Mr. Jeff Robinson, Air Permits Section ( 6PD R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202 2733.

° Hand or Courier Delivery: Mr. Jeff Robinson, Air Permits Section ( 6PD R),

Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202 2733.

Such deliveries are accepted only between the hours of 8: 00 a. m. and 4: 00 p. m. weekdays except for legal holidays. Special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Regional Materials in EDocket ( RME) ID No. R06 OAR

2005 OK 0003. EPA's policy is that all comments received will be included in the public file 3 without change, change and may be made available online at http:// docket. epa. gov/ rmepub/,

including any personal information provided, unless the comment includes information claimed to be Confidential Business Information ( CBI) or other information the disclosure of which is restricted by statute. Do not submit information through Regional Material in EDocket ( RME),

regulations. gov, or e mail if you believe that it is CBI or otherwise protected from disclosure.

The EPA RME website and the federal regulations. gov are " anonymous access" systems, 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 RME or regulations. gov, your e mail address will be automatically captured and included as part of the comment that is placed in the public file 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 Regional Materials in EDocket ( RME) index at http:// docket. epa. gov/ rmepub/. 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 RME or in the official file which is available at the Air Permitting Section ( 6PD 4 R), 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 a. m. and 4: 30 p. m. weekdays except for legal holidays. Contact the person listed in the FOR FURTHER INFORMATION CONTACT paragraph below 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 cent 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 delegation request is also available for public inspection at the State Air Agency listed below during official business hours by appointment:

Oklahoma Department of Environmental Quality, Air Quality Division, 707 North Robinson, Oklahoma City, Oklahoma 73101 FOR FURTHER INFORMATION CONTACT: Mr. Jeff Robinson, U. S. EPA, Region 6,

Multimedia Planning and Permitting Division ( 6PD), 1445 Ross Avenue, Dallas, TX 75202

2733, telephone ( 214) 665 6435; fax number 214 665 7263; or electronic mail at robinson. jeffrey@ epa. gov.

SUPPLEMENTARY INFORMATION: Throughout this document wherever " we," " us," or " our" is used, we mean the EPA. 5 Table of Contents I. General Information II. What Does This Action Do?

III. What Is The Authority For Delegation?

IV. What Criteria Must ODEQ Program Meet To Be Approved?

V. How Did ODEQ Meet The Subpart E Approval Criteria?

VI. What Is Being Delegated?

VII. What Is Not Being Delegated?

VIII. How Will Applicability Determinations Under Section 112 Be Made?

IX. What Authority Does EPA Have?

X. What Information Must ODEQ Provide To EPA?

XI. What Is EPA's Oversight Of This Delegation To ODEQ?

XII. Should Sources Submit Notices To EPA Or ODEQ?

XIII. How Will Unchanged Authorities Be Delegated To ODEQ In The Future?

XIV. Final Action XV. Statutory and Executive Order Reviews I. General Information A. Tips for Preparing Your Comments.

When submitting comments, remember to:

1. Identify the rulemaking by docket number and other identifying information ( subject 6 heading, Federal Register date and page number).

2. 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.

3. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.

4. Describe any assumptions and provide any technical information and/ or data that you used.

5. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.

6. Provide specific examples to illustrate your concerns, and suggest alternatives.

7. Explain your views as clearly as possible, avoiding the use of profanity or personal threats.

8. Make sure to submit your comments by the comment period deadline identified.

B. Submitting confidential business information ( CBI)

Do not submit this information to EPA through regulations. gov or e mail. 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 7 with procedures set forth in 40 CFR part 2.

II. What Does This Notice Do?

EPA is taking direct final action to approve the delegation of certain NESHAPs to ODEQ. With this delegation, ODEQ has the primary responsibility to implement and enforce the delegated standards. See Section VI, below, for a complete discussion of which standards are being delegated and which are not being delegated.

III. What Is The Authority For Delegation?

Section 112( l) of the CAA and 40 CFR Part 63, Subpart E, authorizes EPA to delegate authority to any state or local agency which submits adequate regulatory procedures for implementation and enforcement of emission standards for hazardous air pollutants. The hazardous air pollutant standards are codified at 40 CFR Parts 61 and 63.

IV. What Criteria Must ODEQ's Program Meet To Be Approved?

EPA previously approved ODEQ's program for the delegation of NESHAPS in 40 CFR part 61. 47 FR 17285 ( April 22, 1982). EPA also previously approved ODEQ's program for the delegation of certain NESHAP standards in 40 CFR part 63. 66 FR 1584 ( January 9, 2001).

Section 112( l) of the CAA enables EPA to approve State air toxics programs or rules to operate 8 in place of the Federal air toxics program or rules. 40 CFR part 63, Subpart E ( Subpart E)

governs EPA's approval of State rules or programs under Section 112( l).

EPA will approve an air toxics program if we find that:

( 1) the State program is " no less stringent" than the corresponding Federal program or rule;

( 2) the State has adequate authority and resources to implement the program;

( 3) the schedule for implementation and compliance is sufficiently expeditious; and ( 4) the program otherwise complies with Federal guidance.

In order to obtain approval of its program to implement and enforce Federal section 112 rules as promulgated without changes ( straight delegation), only the criteria of 40 CFR 63.91( d)

must be met. 40 CFR 63.91( d)( 3) provides that interim or final Title V program approval will satisfy the criteria of 40 CFR 63.91( d) for part 70 sources.

V. How Did ODEQ Meet The Subpart E Approval Criteria?

As part of its Title V submission, ODEQ stated that it intended to use the mechanism of incorporation by reference to adopt unchanged Federal section 112 into its regulations. This applied to both existing and future standards as they applied to Part 70 sources. 60 FR 13088

13095 ( March 10, 1995), EPA approved ODEQ's program for receiving delegation of existing and future standards when it granted final interim approval to ODEQ's Title V program. 61 FR 9 4220  4224 ( February 5, 1996). EPA granted final approval of Oklahoma's operating Title V operating permits program on November 30, 2001. 66 FR 63170  63175 ( December 5, 2001).

Under 40 CFR 63.91( d)( 2), once a state or local air pollution agency has satisfied up front approval criteria, it needs only to reference the previous demonstration and reaffirm that it still meets the criteria for any subsequent submittals. ODEQ has final Title V program approval and has affirmed that it still meets the up front approval criteria.

VI. What Is Being Delegated?

EPA received a request to update the NESHAP delegations on June 15, 2005. ODEQ requested the EPA to update the delegation of authority for the following:

A. NESHAPs ( 40 CFR Part 61 standards) through September 1, 2004; and B. NESHAPs ( 40 CFR Part 63 standards) through September 1, 2004.

ODEQ's request was for delegation of certain NESHAPs for all sources ( both Part 70 and non Part 70 sources). The request includes revisions of OAC 252: 100 41 15, as adopted by the Oklahoma Department of Environmental Quality. For the Part 61 NESHAPs, this revision included all NESHAPs promulgated by EPA as amended in the Federal Register through September 1, 2004, excluding Subparts B, H, I, K, Q, R, T, and W. For the Part 63 NESHAPs,

this includes the NESHAPs set forth in Table 1 below. The effective date of the Federal delegation for Parts 61 and 63 standards is the effective date of this rule. 10 1The ODEQ has adopted the subpart unchanged and applied for delegation of the standard. The standard was vacated and remanded to EPA by the United States Court of Appeals for the District of Columbia Circuit. See, Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 ( D. C. Cir. 2004). Because of the D. C. Circuit Court's holding this standard is not being delegated to ODEQ at this time. Table 1 40 CFR Part 63 NESHAPs for Source Categories Delegated to ODEQ Subpart Source Category A General Provisions F Hazardous Organic NESHAP ( HON)  Synthetic Organic Chemical Manufacturing Industry ( SOCMI)

G HON  SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater H HON  Equipment Leaks I HON  Certain Processes Negotiated Equipment Leak Regulation J Polyvinyl Chloride and Copolymers Production1 L Coke Oven Batteries M Perchloroethylene Dry Cleaning N Chromium Electroplating and Chromium Anodizing Tanks O Ethylene Oxide Sterilizers Q Industrial Process Cooling Towers R Gasoline Distribution S Pulp and Paper Industry T Halogenated Solvent Cleaning U Group I Polymers and Resins W Epoxy Resins Production and Non Nylon Polyamides Production X Secondary Lead Smelting Y Marine Tank Vessel Loading AA Phosphoric Acid Manufacturing Plants BB Phosphate Fertilizers Production Plants CC Petroleum Refineries DD Off Site Waste and Recovery Operations 11 EE Magnetic Tape Manufacturing GG Aerospace Manufacturing and Rework Facilities HH Oil and Natural Gas Production Facilities II Shipbuilding and Ship Repair Facilities JJ Wood Furniture Manufacturing Operations KK Printing and Publishing Industry LL Primary Aluminum Reduction Plants MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand Alone Semichemical Pulp Mills OO Tanks  Level 1 PP Containers QQ Surface Impoundments RR Individual Drain Systems SS Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process TT Equipment Leaks  Control Level 1 UU Equipment Leaks  Control Level 2 Standards VV Oil Water Separators and Organic Water Separators WW Storage Vessels ( Tanks)  Control Level 2 YY Generic Maximum Achievable Control Technology Standards CCC Steel Pickling  HCl Process Facilities and Hydrochloric Acid Regeneration Plants DDD Mineral Wool Production EEE Hazardous Waste Combustors GGG Pharmaceuticals Production HHH Natural Gas Transmission and Storage Facilities III Flexible Polyurethane Foam Production JJJ Group IV Polymers and Resins LLL Portland Cement Manufacturing MMM Pesticide Active Ingredient Production 12 NNN Wool Fiberglass Manufacturing OOO Amino/ Phenolic Resins PPP Polyether Polyols Production QQQ Primary Copper Smelting RRR Secondary Aluminum Production TTT Primary Lead Smelting UUU Petroleum Refineries  Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery Plants VVV Publicly Owned Treatment Works ( POTW)

XXX Ferroalloys Production: Ferromanganese and Silicomanganese AAAA Municipal Solid Waste Landfills CCCC Nutritional Yeast Manufacturing DDDD Plywood and Composite Wood Products EEEE Organic Liquid Distribution FFFF Miscellaneous Organic Chemical Manufacturing GGGG Solvent Extraction for Vegetable Oil Production HHHH Wet Formed Fiberglass Mat Production IIII Auto & Light Duty Truck JJJJ Paper & Other Web Coating KKKK Surface Coating of Metal Cans MMMM Surface Coating of Miscellaneous Metal Parts and Products NNNN Surface Coating of Large Appliances OOOO Printing, Coating, and Dyeing of Fabrics and Other Textiles PPPP Plastic Parts QQQQ Surface Coating of Wood Building Products RRRR Surface Coating of Metal Furniture SSSS Surface Coating of Metal Coil TTTT Leather Finishing Operations UUUU Cellulose Production Manufacture VVVV Boat Manufacturing 13 WWWW Reinforced Plastic Composites Production XXXX Tire Manufacturing YYYY Stationary Combustion Turbines ZZZZ Reciprocating Internal Combustion Engines AAAAA Lime Manufacturing Plants BBBBB Semiconductor Manufacturing CCCCC Coke Ovens: Pushing, Quenching and Battery Stacks EEEEE Iron and Steel Foundries FFFFF Integrated Iron and Steel GGGGG Site Remediation HHHHH Miscellaneous Coating Manufacturing IIIII Mercury Cell Chlor Alkali Plants JJJJJ Brick and Structural Clay Products KKKKK Clay Ceramics Manufacturing LLLLL Asphalt Roofing and Processing MMMMM Flexible Polyurethane Foam Fabrication Operation NNNNN Hydrochloric Acid Production PPPPP Engine Test Cells/ Stands QQQQQ Friction Products Manufacturing RRRRR Taconite Iron Ore Processing SSSSS Refractory Products Manufacturing TTTTT Primary Magnesium Refining VII. What Is Not Being Delegated?

As mentioned above, ODEQ has not been delegated the authority for the following standards: 14 40 CFR Part 60, Subpart AAA ( Standards of Performance for New Residential Wood Heaters);

40 CFR Part 60, Subpart WWW, ( Standards of Performance for Municipal Solid Waste Landfills);

40 CFR Part 60, Subpart Cc, ( Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills);

40 CFR Part 61, Subpart B ( National Emission Standards for Radon Emissions from Underground Uranium Mines);

40 CFR Part 61, Subpart H ( National Emission Standards for Emissions of Radionuclides Other Than Radon From Department of Energy Facilities);

40 CFR Part 61, Subpart I ( National Emission Standards for Radionuclide Emissions from Federal Facilities Other Than Nuclear Regulatory Commission Licensees and Not Covered by Subpart H);

40 CFR Part 61, Subpart K  ( National Emission Standards for Radionuclide Emissions from Elemental Phosphorus Plants); 15 40 CFR Part 61, Subpart Q ( National Emission Standards for Radon Emissions from Department of Energy facilities);

40 CFR Part 61, Subpart R ( National Emission Standards for Radon Emissions from Phosphogypsum Stacks);

40 CFR Part 61, Subpart T ( National Emission Standards for Radon Emissions from the Disposal of Uranium Mill Tailings); and 40 CFR Part 61, Subpart W ( National Emission Standards for Radon Emissions from Operating Mill Tailings).

In addition, EPA cannot delegate to a State any of the Category II Subpart A authorities set forth in 40 CFR 63.91( g)( 2). These include the following provisions: § 63.6( g), Approval of Alternative Non Opacity Standards; § 63.6( h)( 9), Approval of Alternative Opacity Standards; §

63.7( e)( 2)( ii) and ( f), Approval of Major Alternatives to Test Methods; § 63.8( f), Approval of Major Alternatives to Monitoring; and § 63.10( f), Approval of Major Alternatives to Recordkeeping and Reporting. Also, some MACT standards have certain provisions that cannot be delegated to the States [ e. g. 40 CFR 63.106( b)]. Therefore, any MACT standard that EPA is delegating to ODEQ that provides that certain authorities cannot be delegated are retained by EPA and not delegated. Furthermore, no authorities are delegated that require rulemaking in the Federal Register to implement, or where Federal overview is the only way to ensure national 16 2" The Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005 includes a provision relating to Oklahoma and EPA programs, providing:

Notwithstanding any other provision of law, if the Administrator of the Environmental Protection Agency ( referred to in this section as the `` Administrator'') determines that a regulatory program submitted by the State of Oklahoma for approval by the Administrator under a law administered by the Administrator meets applicable requirements of the law, and the Administrator approves the State to administer the State program under the law with respect to areas in the State that are not Indian country, on request of the State, the Administrator shall approve the State to administer the State program in the areas of the State that are in Indian country, without any further demonstration of authority by the State.

H. R. 3, Section 10211( a)." Oklahoma has not applied to administer the NESHAPS program in Indian country in accordance with this statute. consistency in the application of the standards or requirements of CAA Section 112. Finally,

Section 112( r), the accidental release program authority, is not being delegated by this approval.

All of the inquiries and requests concerning implementation and enforcement of the excluded standards in the State of Oklahoma should be directed to the EPA Region 6 Office.

This delegation to ODEQ to implement and enforce certain NESHAPs does not extend to sources or activities located in Indian country, as defined in 18 U. S. C. 1151. Under this definition, EPA treats as reservations, trust lands validly set aside for the use of a Tribe even if the trust lands have not been formally designated as a reservation. Consistent with previous Federal program approvals or delegations, EPA will continue to implement the NESHAPs in Indian country because ODEQ has not adequately demonstrated its authority over sources and activities located within the exterior boundaries of Indian reservations and other areas in Indian country. 2 17 VIII. How Will Applicability Determinations Under Section 112 Be Made?

In approving this delegation, ODEQ will obtain concurrence from EPA on any matter involving the interpretation of section 112 of the CAA or 40 CFR Part 63 to the extent that implementation, administration, or enforcement of these sections have not been covered by EPA determinations or guidance.

IX. What Authority Does EPA Have?

We retain the right, as provided by CAA § 112( l)( 7), to enforce any applicable emission standard or requirement under Section 112. EPA also has the authority to make certain decisions under the General Provisions ( subpart A) of Part 63. We are granting ODEQ some of these authorities, and retaining others, as explained in Sections VI and VII above. In addition, EPA may review and disapprove of State determinations and subsequently require corrections. ( See 40 CFR 63.91( g) and 65 FR 55810, 55823, September 14, 2000.)

Furthermore, we retain any authority in an individual emission standard that may not be delegated according to provisions of the standard. Also, listed in the footnotes of the Part 63 delegation table at the end of this rule are the authorities that cannot be delegated to any State or local agency which we therefore retain.

X. What Information Must ODEQ Provide To EPA? 18 In delegating the authority to implement and enforce these rules and in granting a waiver of EPA notification requirements, we require ODEQ to input all source information into the Aerometric Information Retrieval System ( AIRS) for both point and area sources. ODEQ must enter this information into the AIRS system and update the information by September 30 of every year. ODEQ must provide any additional compliance related information to EPA, Region 6,

Office of Enforcement and Compliance Assurance within 45 days of a request under 40 CFR 63.96( a).

In receiving delegation for specific General Provisions authorities, ODEQ must submit to EPA Region 6 on a semi annual basis, copies of determinations issued under these authorities.

For Part 63 standards, these determinations include: applicability determinations ( 63.1);

approval/ disapprovals of construction and reconstruction [ 63.5( e) and ( f)]; notifications regarding the use of a continuous opacity monitoring system [ 63.6( h)( 7)( ii)]; finding of compliance [ 63.6( h)( 8)]; approval/ disapprovals of compliance extensions [ 63.6( i)]; approvals/ disapprovals of minor [ 63.7( e)( 2)( i)] or intermediate [ 63.7( e)( 2)( ii) and ( f)] alternative test methods; approval of shorter sampling times and volumes [ 63.7( e)( 2)( iii)]; waiver of performance testing [ 63.7( e)( 2)( iv) and ( h)( 2), ( 3)]; approvals/ disapprovals of minor or intermediate alternative monitoring methods [ 63.8( f)]; approval of adjustments to time periods for submitting reports ( 63.9 and 63.10); and approvals/ disapprovals of minor alternatives to recordkeeping and reporting [ 63.10( f)].

Additionally, EPA's Emission Measurement Center of the Emissions Monitoring and 19 Analysis Division must receive copies of any approved intermediate changes to test methods or monitoring. ( Please note that intermediate changes to test methods must be demonstrated as equivalent through the procedures set out in EPA method 301.) This information on approved intermediate changes to test methods and monitoring will be used to compile a database of decisions that will be accessible to State and local agencies and EPA Regions for reference in making future decisions. ( For definitions of major, intermediate and minor alternative test methods or monitoring methods, see 40 CFR 63.90). The ODEQ should forward these intermediate test methods or monitoring changes via mail or facsimile to: Chief, Source Categorization Group A, EPA ( MD 19), Research Triangle Park, NC 27711, Facsimile telephone number: ( 919) 541 1039.

XI. What Is EPA's Oversight Of This Delegation To ODEQ?

EPA must oversee ODEQ's decisions to ensure the delegated authorities are being adequately implemented and enforced. We will integrate oversight of the delegated authorities into the existing mechanisms and resources for oversight currently in place. If, during oversight,

we determine that ODEQ made decisions that decreased the stringency of the delegated standards, then ODEQ shall be required to take corrective actions and the source( s) affected by the decisions will be notified, as required by 40 CFR 63.91( g)( 1)( ii). We will initiate withdrawal of the program or rule if the corrective actions taken are insufficient.

XII. Should Sources Submit Notices To EPA Or ODEQ? 20 All of the information required pursuant to the Federal NESHAP ( 40 CFR parts 61 and 63) should be submitted by sources located outside of Indian country directly to the ODEQ at the following address: Oklahoma Department of Environmental Quality, Air Quality Division, P. O.

Box 1677, Oklahoma City, OK 73101 1677. The ODEQ is the primary point of contact with respect to delegated NESHAPs in Oklahoma ( excluding Indian country). Sources do not need to send a copy to EPA. EPA Region 6 waives the requirement that notifications and reports for delegated standards be submitted to EPA in addition to ODEQ in accordance with 40 CFR 63.9( a)( 4)( ii) and 63.10( a)( 4)( ii).

XIII. How Will Unchanged Authorities Be Delegated To ODEQ In The Future?

In the future, ODEQ will only need to send a letter of request to EPA, Region 6, for those NSPS and NESHAP regulations that ODEQ has adopted by reference. The letter must reference the previous up front approval demonstration and reaffirm that it still meets the up front approval criteria. We will respond in writing to the request stating that the request for delegation is either granted or denied. A Federal Register notice will be published to inform the public and affected sources of the delegation, indicating where source notifications and reports should be sent, and to amend the relevant portions of the Code of Federal Regulations showing which NESHAP standards have been delegated to ODEQ.

XIV. Final Action 21 The public was provided the opportunity to comment on the proposed approval of the program and mechanism for delegation of Section 112 standards, as applied to Part 70 sources,

on March 10, 1995. The proposal was part of EPA's proposed approval of the Oklahoma Department of Environmental Quality's operating permits program. 60 FR 13088. The EPA did not receive adverse public comments on the proposed delegation of Section 112 standards. 61 FR 4220 ( February 5, 1996). In this action, the public is given the opportunity to comment on the approval of ODEQ's request for delegation of authority to implement and enforce certain Section 112 standards for all sources ( both Part 70 and non Part 70 sources) which have been adopted by reference into Oklahoma's state regulations. However, the Agency views the approval of these requests as a noncontroversial action and anticipates no adverse comments. Therefore, EPA is publishing this rule without prior proposal. However, in the " Proposed Rules" section of today's Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the program and delegation of authority described in this action if adverse comments are received. This action will be effective [ Insert date 60 days from date of publication in the Federal Register] without further notice unless the Agency receives relevant adverse comments by [ Insert date 30 days from date of publication in the Federal Register].

If EPA receives adverse comments, we will publish a timely withdrawal in the Federal Register informing the public the rule will not take effect. We will address all public comments in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that 22 provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment.

XVI. Statutory and Executive Order Reviews The Office of Management and Budget ( OMB) has exempted this regulatory action from Executive Order 12866, " Regulatory Planning and Review." ( 58 FR 51735 ( October 4, 1993)).

This proposed rule is not a " significant energy action" as defined in Executive Order 13211,

" Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use"

( 66 FR 28355 ( May 22, 2001)), because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. This 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 rule proposes to approve pre existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, EPA has determined that this rule does not contain a Federal mandate that may result in expenditures of $ 100 million or more for State, local, or tribal governments in the aggregate, or on the private sector, in any one year. Thus, today's rule is not subject to the requirements of sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 ( UMRA)

( Pub. L. 104 4). In addition, EPA has determined that this rule contains no regulatory requirements that might significantly or uniquely affect small governments in accordance with 23 section 203 of UMRA.

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, " Consultation and Coordination with Indian Tribal Governments" ( 65 FR 67249, ( November 9, 2000)). This 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, " Federalism" ( 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)). EPA interprets Executive Order 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under section 5 501 of the Order has the potential to influence the regulation. This proposed rule is not subject to Executive Order 13045 because it approves a state program.

Section 12 of the National Technology Transfer and Advancement Act ( NTTAA) of 1995 ( 15 U. S. C. 272 note) requires Federal agencies to evaluate existing technical standards when developing a new regulation. To comply with NTTAA, EPA must consider and use " voluntary 24 consensus standards" ( VCS) if available and applicable when developing programs and policies unless doing so would be inconsistent with applicable law or otherwise impractical. 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 delegation submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA to use VCS in place of a delegation 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 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.).

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

804( 2).

Under Section 307( b)( 1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by [ FEDERAL 25 REGISTER OFFICE: insert date 60 days from date of publication of this document in the Federal Register]. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. ( See section 307( b)( 2).)

List of Subjects in 40 CFR Part 61 Environmental protection, Air pollution control, Administrative practice and procedure,

Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements.

List of Subjects in 40 CFR Part 63 Environmental protection, Air pollution control, Administrative practice and procedure,

Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements.

Authority: This action is issued under the authority of Sections 111 and 112 of the Clean Air Act, as amended, 42 U. S. C. 7411 and 7412.

Dated: November 29, 2005 / s/ Carl E. Edlund Acting Regional Administrator Region 6 26 40 CFR parts 61 and 63 are amended as follows:

Part 61  [ AMENDED]

1. The authority citation for Part 61 continues to read as follows:

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

2. Section 61.04 is amended by deleting ( b)( LL)( i) and ( ii), and by revising paragraph ( b)( LL) to read as follows:

§ 61.04  Address ( b) *****

( LL) State of Oklahoma, Oklahoma Department of Environmental Quality, Air Quality Division, P. O. Box 1677, Oklahoma City, OK 73101 1677. For a list of delegated standards for Oklahoma ( excluding Indian country), see paragraph ( c)( 6) of this section.

3. Section 61.04 is amended by revising paragraph ( c)( 6) as follows:

( c) *****

( 6) *****

( i) [ Reserved]

( ii) *****

( iii) *****

( iv) The Oklahoma Department of Environmental Quality has been delegated the 27 following Part 61 standards promulgated by EPA, as amended in the Federal Register through September 1, 2004. The ( X) symbol is used to indicate each subpart that has been delegated.

DELEGATION STATUS FOR NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS ( PART 61 STANDARDS) FOR OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY ( EXCLUDING INDIAN COUNTRY) 1 SUBPART SOURCE CATEGORY ODEQ A General Provisions X B Radon Emissions From Underground Uranium Mines C Beryllium X D Beryllium Rocket Motor Firing X E Mercury X F Vinyl Chloride X G ( Reserved)

H Emissions of Radionuclides Other Than Radon From Department of Energy Facilities I Radionuclide Emissions From Federal Facilities Other Than Nuclear Regulatory Commission Licensees and Not Covered by Subpart H J Equipment Leaks ( Fugitive Emission Sources) of Benxene X K Radionuclide Emissions From Elemental Phosphorus Plants L Benzene Emissions From Coke By Product Recovery Plants X M Asbestos X N Inorganic Arsenic Emissions From Glass Manufacturing Plants X O Inorganic Arsenic Emissions From Primary Copper Smelters X P Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production Facilities X Q Radon Emissions From Department of Energy Facilities R Radon Emissions From Phosphogypsum Stacks 28 S ( Reserved)

T Radon Emissions From the Disposal of Uranium Mill Tailings U ( Reserved)

V Equipment Leaks ( Fugitive Emission Sources) X W Radon Emissions From Operating Mill Tailings X ( Reserved)

Y Benzene Emissions From Benzene Storage Vessels X Z AA ( Reserved)

BB Benzene Emissions From Benzene Transfer Operations X CC EE ( Reserved)

FF Benzene Waste Operations X 1 Program delegated to Oklahoma Department of Environmental Quality ( ODEQ)

( v) [ Reserved]

( vi) *****

Part 63   [ AMENDED]

1. The authority citation for Part 63 continues to read as follows:

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

2. Section 63.99 is amended by revising paragraph ( a)( 36) to read as follows:

( a) *****

( 36) *****

( i) ***** 29 DELEGATION STATUS FOR PART 63 STANDARDS  STATE OF OKLAHOMA ( EXCLUDING INDIAN COUNTRY)

SUBPART SOURCE CATEGORY ODEQ1,2 A General Provisions2 X F Hazardous Organic NESHAP ( HON)  Synthetic Organic Chemical Manufacturing Industry ( SOCMI) X G HON  SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater X H HON  Equipment Leaks X I HON  Certain Processes Negotiated Equipment Leak Regulation X J Polyvinyl Chloride and Copolymers Production 3 K ( Reserved)

L Coke Oven Batteries X M Perchloroethylene Dry Cleaning X N Chromium Electroplating and Chromium Anodizing Tanks X O Ethylene Oxide Sterilizers X P ( Reserved)

Q Industrial Process Cooling Towers X R Gasoline Distribution X S Pulp and Paper Industry X T Halogenated Solvent Cleaning X U Group I Polymers and Resins X V ( Reserved)

W Epoxy Resins Production and Non Nylon Polyamides Production X X Secondary Lead Smelting X Y Marine Tank Vessel Loading X Z ( Reserved)

AA Phosphoric Acid Manufacturing Plants X BB Phosphate Fertilizers Production Plants X CC Petroleum Refineries X DD Off Site Waste and Recovery Operations X 30 EE Magnetic Tape Manufacturing X FF ( Reserved)

GG Aerospace Manufacturing and Rework Facilities X HH Oil and Natural Gas Production Facilities X II Shipbuilding and Ship Repair Facilities X JJ Wood Furniture Manufacturing Operations X KK Printing and Publishing Industry X LL Primary Aluminum Reduction Plants X MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand Alone Semichemical Pulp Mills X NN ( Reserved)

OO Tanks  Level 1 X PP Containers X QQ Surface Impoundments X RR Individual Drain Systems X SS Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process X TT Equipment Leaks  Control Level 1 X UU Equipment Leaks  Control Level 2 Standards X VV Oil Water Separators and Organic Water Separators X WW Storage Vessels ( Tanks)  Control Level 2 X XX ( Reserved)

YY Generic Maximum Achievable Control Technology Standards X ZZ BBB ( Reserved)

CCC Steel Pickling  HCl Process Facilities and Hydrochloric Acid Regeneration X DDD Mineral Wool Production X EEE Hazardous Waste Combustors X FFF ( Reserved)

GGG Pharmaceuticals Production X HHH Natural Gas Transmission and Storage Facilities X III Flexible Polyurethane Foam Production X 31 JJJ Group IV Polymers and Resins X KKK ( Reserved)

LLL Portland Cement Manufacturing X MMM Pesticide Active Ingredient Production X NNN Wool Fiberglass Manufacturing X OOO Amino/ Phenolic Resins X PPP Polyether Polyols Production X QQQ Primary Copper Smelting X RRR Secondary Aluminum Production X SSS ( Reserved)

TTT Primary Lead Smelting X UUU Petroleum Refineries   Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery Plants X VVV Publicly Owned Treatment Works ( POTW) X WWW ( Reserved)

XXX Ferroalloys Production: Ferromanganese and Silicomanganese X AAAA Municipal Solid Waste Landfills X CCCC Nutritional Yeast Manufacturing X DDDD Plywood and Composite Wood Products X EEEE Organic Liquids Distribution X FFFF Miscellaneous Organic Chemical Production and Processes ( MON) X GGGG Solvent Extraction for Vegetable Oil Production X HHHH Wet Formed Fiberglass Mat Production X IIII Auto & Light Duty Truck X JJJJ Paper and other Web ( Surface Coating) X KKKK Metal Can ( Surface Coating) X MMMM Surface Coating of Miscellaneous Metal Parts and Products X NNNN Surface Coating of Large Appliances X OOOO Fabric Printing Coating and Dyeing X PPPP Plastic Parts ( Surface Coating) X 32 QQQQ Surface Coating of Wood Building Products X RRRR Surface Coating of Metal Furniture X SSSS Surface Coating for Metal Coil X TTTT Leather Finishing Operations X UUUU Cellulose Production Manufacture X VVVV Boat Manufacturing X WWWW Reinforced Plastic Composites Production X XXXX Tire Manufacturing X YYYY Combustion Turbines X ZZZZ Reciprocating Internal Combustion Engines ( RICE) X AAAAA Lime Manufacturing Plants X BBBBB Semiconductor Manufacturing X CCCCC Coke Ovens: Pushing, Quenching and Battery Stacks X DDDDD Industrial/ Commerical/ Institutional Boilers and Process Heaters EEEEE Iron Foundries X FFFFF Integrated Iron and Steel X GGGGG Site Remediation X HHHHH Miscellaneous Coating Manufacturing X IIIII Mercury Cell Chlor Alkali Plants X JJJJJ Brick and Structural Clay Products Manufacturing X KKKKK Clay Ceramics Manufacturing X LLLLL Asphalt Roofing and Processing X MMMMM Flexible Polyurethane Foam Fabrication Operation X NNNNN Hydrochloric Acid Production, Fumed Silica Production X PPPPP Engine Test Facilities X QQQQQ Friction Products Manufacturing X RRRRR Taconite Iron Ore Processing X SSSSS Refractory Products Manufacture X TTTTT Primary Magnesium Refining X 1 Program delegated to Oklahoma Department of Environmental Quality ( ODEQ), as amended in 33 the Federal Register through September 1, 2004.

2 Authorities that cannot be delegated include § 63.6( g), Approval of Alternative Non Opacity Standards; § 63.6( h)( 9), Approval of Alternative Opacity Standards; § 63.7( e)( 2)( ii) and ( f), Approval of Major Alternatives to Test Methods; § 63.8( f), Approval of Major Alternatives to Monitoring; and § 63.10( f), Approval of Major Alternatives to Recordkeeping and Reporting. In addition, all authorities identified in the certain subparts that EPA has designated that cannot be delegated.

3 The ODEQ has adopted the subpart unchanged and applied for delegation of the standard. The standard was vacated and remanded to EPA by the United States Court of Appeals for the District of Columbia Circuit. See, Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 ( D. C. Cir. 2004). Because of the D. C. Circuit Court's holding this standard is not being delegated to ODEQ at this time.


[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Notices]
[Pages 15036-15038]
[FR Doc No: 2019-06650]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2019-0264]

Agency Information Collection Activities: Requests for Comments;
Clearance of a Renewal of an Information Collection: Automatic
Dependent Surveillance-Broadcast (ADS-B) Rebate System

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
FAA invites public comments about its intention to request Office of
Management and Budget (OMB) approval for a renewal of an information
collection. The FAA has launched a rebate program to emphasize the
urgent need for pilots to comply with Automatic Dependent Surveillance
Broadcast (ADS-B) Out requirements ahead of the January 1, 2020,
compliance deadline. This program is defraying costs associated with
the ADS-B equipment and installation for eligible general aviation
aircraft, and helps ensure that all general aviation aircraft are
equipped by the compliance date.

DATES: Written comments should be submitted by June 11, 2019.

ADDRESSES: Please send written comments:
    By Electronic Docket: www.regulations.gov (Enter docket number into
search field)
    By mail: Gayle Thornton, ANG-M, 3rd Floor, 1250 Maryland Ave. SW,
Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Gayle Thornton by email at:
[email protected]; phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-0769.
    Title: Automatic Dependent Surveillance-Broadcast (ADS-B) Rebate
System.
    Form Numbers: Information is collected via a website specific to
the ADS-B Rebate program.
    Type of Review: Renewal of an information collection.
    Background: On May 21, 2010, the FAA issued a final rule requiring
Automatic Dependence Surveillance-Broadcast (ADS-B) Out avionics on
aircraft operating in Classes A, B, and C airspace, as well as certain
other classes of airspace within the National Airspace System (NAS), no
later than January 1, 2020 (75 FR 30160). ADS-B Out equipage is a
critical step in achieving the benefits of NextGen, in that it
transforms aircraft surveillance with satellite-based precision. When
properly equipped with ADS-B, both pilots and controllers can, for the
first time, see the same real-time displays of air traffic, and pilots
will be able to receive air traffic services in places where it has not
been previously available.
    To meet this deadline for compliance, the FAA estimated that as
many as 160,000 general aviation aircraft would need to be equipped
with ADS-B by January 1, 2020. In developing the ADS-B Out final rule,
the FAA assumed that these aircraft owners would begin equipping new
aircraft with ADS-B equipment in 2012, and begin retrofitting the
existing aircraft in 2013, to minimize costs associated with
retrofitting outside of the aircraft's heavy maintenance cycle. In any
given year, avionics installers are capable of completing approximately
35,000-50,000 installations. In order to guarantee that general
aviation aircraft that will operate in ADS-B airspace are equipped by
January 1, 2020, approximately 23,000 aircraft would have needed to
equip each year beginning in early 2013. This would have ensured there
would be a balance between the expected demand for avionics
installations and the capacity of avionics installers. Owners of
general aviation aircraft who are particularly price sensitive are
postponing their installations. This trend demonstrates that there is a
near-term need to accelerate equipage, to ensure that pilots,
manufacturers, and retail facilities have adequate time and capacity to
equip aircraft by the January 1, 2020, compliance deadline. It is
necessary to take advantage of the installation capacity available now
in order to avoid back-end capacity

constraints that could result in some aircraft being unable to receive
their upgrades ahead of the compliance deadline, which will, in turn,
lead to denial of access to ADS-B airspace once the ADS-B equipage
mandate is in effect. This limited-time rebate will provide an
incentive for early retrofitting, but it is intended to emphasize the
urgent need for pilots to comply with ADS-B Out requirements ahead of
2020.
    Section 221 of the FAA Modernization and Reform Act of 2012
provided the FAA with the authority to establish an incentive program
for equipping general aviation and commercial aircraft with
communications, surveillance, navigation, and other avionics equipment.
Thus, the FAA established an initiative (the ADS-B Rebate Program) to
address the rate of general aviation equipage by incentivizing those
aircraft owners who are affected by the ADS-B Out requirements and are
the most price sensitive to the cost of avionics and the associated
installation. The ADS-B Rebate Program provides a one-time $500 rebate
to an aircraft owner to defray some of the cost of an ADS-B Out system
meeting the program eligibility requirements. The rebates are available
on a first come first served basis.
    The FAA, with input from industry partners (Aircraft Electronics
Association, Aircraft Owners and Pilots Association, and General
Aircraft Manufacturers Association), designed this rebate program
targeting specific eligibility requirements for avionics, aircraft
types, and aircraft owners. The eligibility requirements are as
follows:
    Eligible Avionics--Technical Standard Order (TSO)-certified Version
2 ADS-B Out system, purchased on or after June 8, 2016. Such equipment
must have a TSO marking for TSO-C154c, or TSO-C166b, or both. Eligible
ADS-B Out system equipment may have an embedded position source
compliant with one of the following TSOs: TSO-C-145c (or subsequent
versions), TSO-C146c (or subsequent versions), or may be connected to a
separate position source compliant with TSO-C-145c (or subsequent
versions) or TSO-C146c (or subsequent versions). Any separate position
source must comply with the guidance published in FAA Advisory Circular
(AC) 20-165B. ADS-B In/Out systems compliant with TSO-C154c, TSO-C166b,
or both, are also eligible.
    Eligible Aircraft--Only U.S.-registered, fixed-wing single-engine
piston aircraft first registered before January 1, 2016 are eligible
for the program. This eligibility is determined via the FAA Civil
Aircraft Registry. Program eligibility also requires permanent
installation of new avionics equipment in a single aircraft in
compliance with applicable FAA regulations and guidance material.
    Aircraft Owner--Program eligibility is limited to one rebate per
aircraft owner. An aircraft owner means either a single individual
owner or any owning entity (any legal ownership entity including but
not limited to an LLC, corporation, partnership or joint venture)
identified as the owner of the eligible aircraft in the FAA Civil
Aviation Registry.
    Exclusions--All aircraft for which FAA has already paid or
previously committed to upgrade to meet the ADS-B Out mandate. Software
upgrades to existing equipment are not eligible. Aircraft that already
have a Version 2 ADS-B Out system prior to the launch of the data
collection system are not eligible. New aircraft produced after January
1, 2016, are not eligible.
    For reimbursement under this program, the FAA Civil Aircraft
Registry information regarding ownership is controlling and the rebate
program is using the publically available database to determine
eligibility requirements based on the aircraft information. The
aircraft owner is responsible for ensuring that the FAA Civil Aircraft
Registry information is accurate before a claim for the rebate is
submitted; rebates will only be mailed to the registered owner and
address as indicated in the Civil Aircraft Registry.
    To request a rebate, the applicant must provide via the program
website a valid email address for official correspondence and
notifications and aircraft-specific information such as the aircraft
registration number, TSO certified equipment purchased, and scheduled
installation date. Once the information is submitted, the FAA will
validate eligibility for the program with the official records
regarding aircraft ownership contained in the publically available
Civil Aircraft Registry. Additionally, anyone requesting a rebate will
need to accept legal notices electronically by acknowledging their
agreement and acceptance and providing the name of the person
submitting the information on the individual web application.
    Through the ADS-B Rebate Program, aircraft owners are permitted to
reserve a rebate, validate their installation, and then claim their
rebate through the ADS-B Rebate Program website. The program steps and
timeline requirements are as follows:
    [1] Decide: The aircraft owner arranges for purchase and schedules
installation of TSO-certified avionics for an eligible aircraft.
    [2] Reserve: Before avionics installation occurs, the aircraft
owner must go to the ADS-B Rebate Program website to submit information
for a rebate reservation. Upon successful submission, the system will
generate an email with a Rebate Reservation Code. During the rebate
reservation process, the eligible aircraft's information is validated
against the FAA Civil Aircraft Registry, including ownership
information. If there are discrepancies, the aircraft owner may
continue with the reservation process; but before a valid Incentive
Code can be obtained in step [5], the aircraft owner must ensure that
the FAA Civil Aircraft Registry data for their eligible aircraft is
corrected.
    [3] Install: TSO-certified ADS-B avionics are installed in the
eligible aircraft.
    [4] Fly & Validate: Only after the prior steps are completed, the
eligible aircraft must be flown in the airspace defined in 14 CFR
91.225 for at least 30 minutes, with at least 10 aggregate minutes of
maneuvering flight, per the guidance in AC 20-165B
regulations_policies/advisory_circulars/index.cfm/go/
document.information/documentID/1028666, sections 4.3.2 and <IP_ADDRESS>-
<IP_ADDRESS> for Part 23 aircraft. After flight, the ADS-B data is used to
generate a Public Compliance Report (PCR) and General Aviation
Incentive Requirements Status (GAIRS) Report, which is how the
performance of the eligible aircraft's ADS-B installation is validated.
Note that it may be necessary to repeat this step more than once, until
the GAIRS Report indicates PASS for all fields and provides an
Incentive Code in the Rebate Status section. Once proper installation
and operation of the ADS-B is validated the FAA will notify the
applicant using the email address provided at the time of rebate
request.
    [5] Claim: Within 60 days of the scheduled installation date, the
aircraft owner gathers their Rebate Reservation Code (from step [2])
and their Incentive Code (from step [4]) and submits this information
as well as their name and aircraft number via the ADS-B Rebate Program
website to complete the claim for their rebate.
    The FAA is seeking comments from the public regarding the
information we collect for the program and how we collect it. The
information provided in this notice is solely to identify and collect
information from the public on the potential burden to an individual
that would result from this program.
    Respondents: Approximately 20,000 rebates.

    Frequency: Information is collected only during the times the user
is submitting their reservation and claiming their rebate after proof
of meeting the eligibility requirements.
    Estimated Average Burden per Response: Approximately 6 minutes.
    Estimated Total Annual Burden: Approximately 2,000 hours.

    Issued in Washington, DC, on April 2, 2019.
Tiffany Ottilia McCoy,
General Engineer, NextGen Office of Collaboration and Messaging, ANG-M,
Office of the Assistant Administrator for NextGen, Federal Aviation
Administration.
[FR Doc. 2019-06650 Filed 4-11-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Proposed Rules]
[Pages 20447-20449]
[FR Doc No: 2020-07669]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0378; Product Identifier 2018-SW-060-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for Airbus Helicopters Model AS350B, AS350B1, AS350B2, AS350B3,
AS350BA, AS350C, AS350D, AS350D1, AS355E, AS355F, AS355F1, AS355F2,
AS355N, AS355NP, EC130B4, and EC130T2 helicopters. This proposed AD
would require visually inspecting each main rotor gearbox (MGB)
suspension bar attachment bracket bolt for missing bolt heads.
Depending on the outcome of the visual inspection, measuring the
tightening torque, removing certain parts, sending photos and reporting
information to Airbus Helicopters, and completing an FAA-approved
repair would be required. This proposed AD is prompted by a report of a
missing MGB suspension bar attachment bolt head. The actions of this
proposed AD are intended to address an unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by June 12,
2020.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to https://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0378; 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 proposed AD, the European Union Aviation Safety Agency (previously
European Aviation Safety Agency) (EASA) AD, any comments received, and
other information. The street address for Docket Operations is listed
above. Comments will be available in the AD docket shortly after
receipt.
    For service information identified in this proposed rule, contact
Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at https://www.airbus.com/helicopters/services/technical-support.html. You may
view the referenced service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321,
Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Aerospace Engineer,
Safety Management Section, Rotorcraft Standards Branch, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to participate in this rulemaking by submitting
written comments, data, or views. The FAA also invites comments
relating to the economic, environmental, energy, or federalism impacts
that might result from adopting the proposals in this document. The
most helpful comments reference a specific portion of the proposal,
explain the reason for any recommended change, and include supporting
data. To ensure the docket does not contain duplicate comments,
commenters should send only one copy of written comments, or if
comments are filed electronically, commenters should submit only one
time.
    The FAA will file in the docket all comments received, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal,
the FAA will consider all comments received on or before the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible to do so without incurring
expense or delay. The FAA may change this proposal in light of the
comments received.

Discussion

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD No. 2018-0152, dated July 18, 2018
(EASA AD 2018-0152), to correct an unsafe condition for Airbus
Helicopters (formerly Eurocopter, Eurocopter France) Model AS 350 B, AS
350 D, AS 350 B1, AS 350 B2, AS 350 BA, AS 350 BB, AS 350 B3, EC 130
B4, EC 130 T2, AS 355 E, AS355 F, AS355 F1, AS 355 F2, AS 355 N, and
AS355 NP helicopters.
    EASA advises of a reported occurrence of a missing MGB suspension
bar attachment bolt head. EASA advises that investigations are ongoing
to determine the root cause of this event. According to Airbus
Helicopters, the missing MGB suspension bar attachment bolt head was
discovered during scheduled maintenance of a Model EC 130 T2
helicopter. EASA states this condition could lead to fatigue failure of
other affected bolts of the same MGB bracket, possibly resulting in
loss of the MGB suspension bar and consequently loss of helicopter
control. As an interim measure to address this potential unsafe
condition, the EASA AD also includes Model AS 350 B, AS 350 D, AS 350
B1, AS 350 B2, AS 350 BA, AS 350 BB, AS 350 B3, EC 130 B4, AS 355 E,
AS355 F,

AS355 F1, AS355 F2, AS355 N, and AS355 NP helicopters in its
applicability.
    Accordingly, EASA AD 2018-0152 requires a one-time visual
inspection to check that all MGB suspension bar attachment bracket bolt
heads are present and depending on the outcome, measuring the
tightening torque values of the bolts, removing and sending bolts,
washers, and nuts to Airbus Helicopters, installing new bolts, washers,
and nuts, sending photos and reporting certain information to Airbus
Helicopters, and contacting Airbus Helicopters for approved repair
instructions. EASA states EASA AD 2018-0152 is considered an interim
action and further AD action may follow.

FAA's Determination

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

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Airbus Helicopter Alert Service Bulletin (ASB) No.
AS350-05.00.92 for Model AS350B, B1, B2, B3, BA, and D helicopters,
non-FAA type-certificated Model AS350BB helicopters, and military Model
AS350L1 helicopters; Airbus Helicopters ASB No. AS355-05.00.79 for
Model AS355E, F, F1, F2, N, and NP helicopters; and Airbus Helicopters
ASB No. EC130-05A028 for Model EC130B4 and T2 helicopters, all Revision
0 and dated July 16, 2018. This service information specifies a one-
time visual inspection using a light source and a mirror, and using an
endoscope for any attachment bolts that are difficult to access, for
the presence of the 16 attachment bracket bolt heads of the 4 MGB
suspension bars. The service information also specifies different
actions depending on the results of the visual inspection.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Other Related Service Information

    The FAA also reviewed Airbus Standard Practices Manual (MTC) 20-02-
05-404, Assembly by screws and nuts Joining, dated May 23, 2017. This
service information specifies instructions for installing screws and
nuts, tightening procedures when installing multiple bolts, tightening
torque check and readjustment procedures, tooling information,
measuring locking torque procedures, standard tightening torque
procedures and values, torque tightening of screws in sandwich panels
information, use of consumable materials and their correction
coefficient values pertaining to screws, nuts, and washers, marking
torque stripes, and re-installation criteria and inspection of
attachment components.

Proposed AD Requirements

    This proposed AD would require visually inspecting each MGB
suspension bar attachment bracket for missing bolt heads.
    If one bolt head is missing, this proposed AD would require
performing actions specified in the service information including
measuring the tightening torque of the remaining bolts of that bracket,
removing the attachment bracket bolts, washers, and nuts of that
bracket, and sending photos and reporting certain information to Airbus
Helicopters.
    If two or more bolt heads are missing, this proposed AD would
require repairs in accordance with an FAA-approved method as described
in paragraph (e) of this AD.

Differences Between This Proposed AD and the EASA AD

    The EASA AD applies to Model AS350BB helicopters, whereas this
proposed AD does not because that model is not FAA type-certificated.
The EASA AD directs the operators to contact Airbus Helicopters for
repairs if more than one screw head is missing, whereas this proposed
AD does not.

Interim Action

    The FAA considers this proposed AD to be an interim action. If
final action is later identified, the FAA might consider further
rulemaking.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 1,277
helicopters of U.S. Registry. The FAA estimates that operators may
incur the following costs in order to comply with this AD. Labor costs
are estimated at $85 per work-hour.
    Inspecting for any missing MGB suspension bar attachment bracket
bolt heads would take about 2 work-hours for an estimated cost of $170
per helicopter and $217,090 for the U.S. fleet.
    Measuring the tightening torque of three MGB suspension bar
attachment bracket bolts and replacing the set of four MGB suspension
bar attachment bracket bolts, washers, and nuts would take about 1
work-hour and parts would cost about $50 for an estimated replacement
cost of $135 per helicopter. Sending photos and reporting required
information would take about 1 work-hour for an estimated cost of $85
per helicopter.
    The FAA does not have the data to estimate the costs to do any FAA-
approved repairs if two or more MGB suspension bar attachment bracket
bolt heads are missing.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to be
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

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, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Will not affect intrastate aviation in Alaska; and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus Helicopters: Docket No. FAA-2020-0378; Product Identifier
2018-SW-060-AD.

(a) Applicability

    This AD applies to Airbus Helicopters Model AS350B, AS350B1,
AS350B2, AS350B3, AS350BA, AS350C, AS350D, AS350D1, AS355E, AS355F,
AS355F1, AS355F2, AS355N, AS355NP, EC130B4, and EC130T2 helicopters,
all serial numbers, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a missing main rotor
gearbox (MGB) suspension bar attachment bracket bolt head. This
condition could result in fatigue failure of the other MGB
suspension bar attachment bracket bolts of the same MGB bracket,
which could result in loss of the MGB suspension bar and subsequent
loss of control of the helicopter.

(c) Comments Due Date

    The FAA must receive comments by June 12, 2020.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    For helicopters with less than 1035 hours time-in-service (TIS),
before reaching 1200 hours TIS, and for helicopters with 1035 or
more hours TIS, within 165 hours TIS or 12 months, whichever occurs
first, visually inspect each MGB suspension bar attachment bracket
bolt for missing bolt heads by following the Accomplishment
Instructions, paragraph 3.B.2.a. of Airbus Helicopter Alert Service
Bulletin (ASB) No. AS350-05.00.92, Airbus Helicopters ASB No. AS355-
05.00.79, or Airbus Helicopters ASB No. EC130-05A028, all Revision 0
and dated July 16, 2018 (ASB AS350-05.00.92, ASB AS355-05.00.79, or
ASB EC130-05A028), as applicable to your model helicopter. If any
bolt heads are missing, do the following:
    (1) If one bolt head is missing, do the actions under the
section ``If only one screw head (a) is missing'' in the
Accomplishment Instructions, paragraph 3.B.2.b of ASB AS350-
05.00.92, ASB AS355-05.00.79, or ASB EC130-05A028, as applicable to
your model helicopter, except you are not required to return removed
parts to Airbus Helicopters. You must do the repair before further
flight, and you must submit the photographs and reply form to Airbus
Helicopters within 30 days of completing the inspection.
    (2) If two or more bolt heads are missing, before further
flight, repair using a method approved by the Manager, Safety
Management Section, Rotorcraft Standards Branch. For a repair method
to be approved by the Manager, Safety Management Section, Rotorcraft
Standards Branch, as required by this paragraph, the Manager's
approval letter must specifically refer to this AD.

    Note 1 to paragraph (e) of this AD: Airbus Helicopters refers to
the bolts as screws.

(f) Special Flight Permit

    Special flight permits are prohibited.

(g) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a currently valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 1 hour per response, including the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and
reviewing the collection of information. All responses to this
collection of information are mandatory. Send comments regarding
this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden to:
Information Collection Clearance Officer, Federal Aviation
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards
Branch, FAA, may approve AMOCs for this AD. Send your proposal to:
Kristi Bradley, Aerospace Engineer, Safety Management Section,
Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth,
TX 76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, the FAA suggests
that you notify your principal inspector, or lacking a principal
inspector, the manager of the local flight standards district office
or certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(i) Additional Information

    (1) Airbus Standard Practices Manual (MTC) 20-02-05-404,
Assembly by screws and nuts Joining, dated May 23, 2017, which is
not incorporated by reference, contains additional information about
the subject of this AD. For service information identified in this
AD, contact Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie,
TX 75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>;
or at https://www.airbus.com/helicopters/services/technical-support.html. You may view the referenced service information at the
FAA, Office of the Regional Counsel, Southwest Region, 10101
Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.
    (2) The subject of this AD is addressed in European Union
Aviation Safety Agency (previously European Aviation Safety Agency)
(EASA) AD No. 2018-0152, dated July 18, 2018. You may view the EASA
AD on the internet at https://www.regulations.gov in the AD Docket.

 (j) Subject

    Joint Aircraft Service Component (JASC) Code: 6320, Main Rotor
Gearbox.

    Issued on April 7, 2020.
Lance T. Gant,
 Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-07669 Filed 4-10-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Proposed Rules]
[Pages 274-275]
[FR Doc No: 2019-28324]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0666; FRL-10003-76--Region 7]

Air Plan Approval; Nebraska; Lincoln-Lancaster County Health
Department (LLCHD)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the State Implementation Plan (SIP) submitted by
the State of Nebraska that addresses the authority of the Lincoln-
Lancaster County Health Department (LLCHD). This proposed action will
amend the Nebraska SIP by removing a portion of the SIP that addresses
the authority of LLCHD regarding the Prevention of Significant
Deterioration (PSD) Program; specifically: Article 2. Section 19.
Prevention of Significant Deterioration of Air Quality (PSD) Lincoln-
Lancaster County Health Department (LLCHD). This SIP revision will have
no impact to air quality and eliminate confusion regarding the
authority to issue PSD permits in Lancaster County.

DATES: Comments must be received on or before February 3, 2020.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0666 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.

FOR FURTHER INFORMATION CONTACT: William Stone, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7714; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.

Table of Contents

I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2019-
0666, at https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

II. What is being addressed in this document?

    The EPA is proposing to approve a revision to Nebraska's SIP
received from the State of Nebraska on July 23, 2019. Specifically, the
EPA is proposing to amend the Nebraska SIP by removing a portion of the
SIP as follows: Article 2. Section 19. Prevention of Significant
Deterioration of Air Quality (PSD) Lincoln-Lancaster County Health
Department (LLCHD).
    On February 14, 1996, the EPA approved SIP revisions submitted by
the State of Nebraska on behalf of the LLCHD (61 FR 5699, February 14,
1996). This submittal included a complete copy of the state's air
regulations that LLCHD had adopted as its own. Although the LLCHD's
adoption of the State's rules included the PSD regulation, the action
by the EPA did not create or acknowledge a PSD program separate and
apart from the State of Nebraska's EPA-approved PSD program.
    This incorporation by reference of the LLCHD Air Pollution Control
Program, specifically ARTICLE 2. SECTION 19. PREVENTION OF SIGNIFICANT
DETERIORATION OF AIR QUALITY has created confusion about the authority
to issue PSD permits in Lancaster County, Nebraska.
    PSD authority in Lancaster County, Nebraska was addressed in three
documents around the time of this SIP action by both EPA and the State
of Nebraska. Those documents are (1) the preamble to the direct final
rule, (2) the Technical Support Document (TSD) that accompanied the
proposal, and (3) a letter from the Nebraska Department of
Environmental Quality (NDEQ), now the Nebraska Department of
Environment and Energy (NDEE), to EPA Region 7 dated November 9, 1995.
PSD authority in Lancaster County, Nebraska was also addressed in a
delegation letter from NDEQ to LLCHD. Each of these documents is
available as part of this docket.
    Per the preamble to the direct final rule (61 FR 5700, February 14,
1996), the EPA herein notes that only the State program includes an
approved part 51 program to issue PSD permits.
    On Page 5 of the TSD EPA states:

[A]lthough the local agencies' adoption of the state's rule include
Prevention of Significant Deterioration (PSD) regulations, the EPA
herein notes that only the state program includes an approved part
51 program to issue PSD permits. As part of the Class II program,
the local agencies will act as agents of the state to administer and
enforce requirements applicable under PSD, although only the state
will actually issue these permits. This is identified in letter from
NDEQ dated November 9, 1995. (TSD for Nebraska SIP revisions,
November 20, 1995).

    In a letter from NDEQ to EPA Region 7, referred to in the TSD
above, NDEQ states:

[A]lthough the local agencies adoption of the Title 129 includes PSD
regulations which were submitted as part of the request for
approval, only the state program includes an approved part 51
program to issue PSD permits. As part of the Class II program, the
local agencies will act as agents of the state to administer and
enforce requirements applicable under PSD, although only the state
will actually issue these permits . . . (Letter from Joe Francis,
Assistant Director, NDEQ, to Art Spratlin, EPA Region 7, LLCHD,
November 9, 1995).

    In a letter from NDEQ to LLCHD dated December 31, 1997, NDEQ
responds to LLCHD's request to delegate authority to implement and
enforce the PSD program. NDEQ delegates the authority to LLCHD to
implement and enforce all provisions of NDEQ title 129 chapter 19 with
conditions including:

    1. Each PSD permit issued by LLCHD shall state that the permit is
an NDEQ permit and is being issued pursuant to this delegation;
    2. Each permit issued by LLCHD pursuant to this delegation shall
include the following statement immediately above the signature block:
Pursuant to the December 31, 1997 Delegation Letter, signed by the
Director of the Department of Environmental Quality, the undersigned
hereby executes this document on behalf of the director of the
department.
    3. Each permit issued by LLCHD pursuant to this delegation shall
state the permit is being issued pursuant to Title 129--Nebraska Air
Quality Regulations (Title 129), Chapter 19, and is subject to all
terms and conditions of Title 129 and the Nebraska Revised Statutes;
    5. LLCHD shall follow the public participation and decision-making
procedures in Title 129, Chapter 19, section 004 and shall transmit
documents and notifications to the EPA, as required by section 005, and
to the NDEQ;
    The December 31, 1997 letter from NDEQ to LLCHD continues with ``If
the director of the NDEQ determines that the LLCHD's implementation of
the PSD regulations is inadequate, or is not being effectively carried
out, this delegation may be revoked in whole or in part . . .'' (Letter
from Randolph Wood, Director, NDEQ to Gregg Wright Interim Director,
LLCHD, December 31, 1997).
    These documents demonstrate that all PSD permits issued in the
State of Nebraska, including those issued in Lancaster County, are
issued by the State of Nebraska under title 129, chapter 19 PREVENTION
OF SIGNIFICANT DETERIORATION OF AIR QUALITY (PSD). The SIP revision
being proposed for approval by this action removes a redundant
regulation from the SIP and will have no effect on air permitting or
air quality in Lancaster County, Nebraska.

III. Have the requirements for approval of a SIP revision been met?

    The State submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
State provided a public comment period for this SIP revision from May
20, 2019 to June 21, 2019, and at the same time, offered an opportunity
for a public hearing. No comments or request for public hearing were
received.

IV. What action is the EPA taking?

    The EPA is proposing to amend the Nebraska SIP by removing LLCHD
Article 2. Section 19. Prevention of Significant Deterioration of Air
Quality (PSD). The removal of this portion of the SIP will not impact
air quality because the regulation duplicates the State's regulation,
which applies in the same jurisdiction.
    We are processing this as a proposed action because we are
soliciting comments on this proposed action. Final rulemaking will
occur after consideration of any comments.

V. Incorporation by Reference

    In this document, the EPA is proposing to amend regulatory text
that includes incorporation by reference. As described in the proposed
amendments to 40 CFR part 52 set forth below, the EPA is proposing to
remove provisions of the EPA-Approved Nebraska Regulations from the
Nebraska State Implementation Plan, which is incorporated by reference
in accordance with the requirements of 1 CFR part 51.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act (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, the EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; 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).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations.

    Dated: December 23, 2019.
James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart-CC Nebraska

Sec.  52.1420   [Amended]

0
2. In Sec.  52.1420, amend the table in paragraph (c) by removing the
entry ``Section 19 Prevention of Significant Deterioration of Air
Quality'' under the headings ``Lincoln-Lancaster County Air Pollution
Control Program'', ``Article 2--Regulations and Standards''.

[FR Doc. 2019-28324 Filed 1-2-20; 8:45 am]
 BILLING CODE 6560-50-P


AGENDA

Bayer Animal Health

Product-Specific Mitigation Meeting

1:00 pm April 27, 2010, Room 7100

Introductions

Bayer Presentation

Agency Response

Questions and Answers

Next Steps