[Federal Register Volume 78, Number 54 (Wednesday, March 20, 2013)]
[Rules and Regulations]
[Pages 17071-17073]
[FR Doc No: 2013-05836]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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

The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 78, No. 54 / Wednesday, March 20, 2013 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1160; Directorate Identifier 2012-NM-096-AD;
Amendment 39-17381; AD 2013-05-09]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus Model A330-200, -300, and -200 Freighter series airplanes; and
all Airbus Model A340-200 and -300 series airplanes. This AD was
prompted by a determination that the bonding lead from a certain
isolation valve to a frame was too close to an electrical harness,
which might cause chafing between the electrical harness and the
associated bonding lead. This chafing could lead to a short circuit of
the isolation valve and consequent non-closure of the isolation valve,
which would prevent the air flow to be shut off in case of fire. This
AD requires modifying the bonding lead installation of the isolation
valve. We are issuing this AD to prevent such chafing, which could
result in non-closure of the isolation valve in the event of a fire and
consequent damage to the airplane and injury to its occupants.

DATES: This AD becomes effective April 24, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 24,
2013.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on November 7, 2012 (77
FR 66764). That NPRM proposed to correct an unsafe condition for the
specified products. The Mandatory Continuing Airworthiness Information
(MCAI) states:

    It was noticed in production that the bonding lead from the
isolation valve 283HN to Frame (FR) 64, between Stringer (STGR) 33
and STGR 34, was too close to the electrical harness 5871VB. The
results of the technical investigations carried out by Airbus
determined that this insufficient clearance may cause chafing
between the electrical harness 5871VB and the associated bonding
lead.
    This condition, if not corrected, could lead to a short circuit
of the isolation valve and consequent non-closure of the isolation
valve 283HN, which would prevent the air flow to be shut-off in case
of fire, potentially resulting in damage to the aeroplane and injury
to its occupants.
    For the reasons described above, this European Aviation Safety
Agency (EASA) AD requires the installation of a new bonding bracket
and new bonding lead at STGR33, between FR64 and FR65 introduced by
Airbus modification (mod.) 201500, or mod. 201681 in production, or
Airbus Service Bulletin (SB) A330-21-3165, SB A330-21-3160 or SB
A340-21-4152 in service.
    In addition, for aeroplanes already modified in accordance with
the instructions of Airbus SB A330-21-3165, SB A330-21-3160 or SB
A340-21-4152 at original issue or Revision 01, it [this EASA AD]
requires accomplishment of the additional work (additional wiring
connected to the structure of the aeroplane).

You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (77 FR 66764, November 7,
2012) or on the determination of the cost to the public.

Actions Since the NPRM (77 FR 66764, November 7, 2012) Was Issued

    Since the NPRM (77 FR 66764, November 7, 2012) was issued, Airbus
has issued Mandatory Service Bulletin A330-21-3165, Revision 03, dated
December 7, 2012 (for Model A330-201, -202, -203, -223, -243, -301, -
302, -303, -321, -322, -323, -341, -342, and -343 airplanes); and
Mandatory Service Bulletin A340-21-4152, Revision 03, dated December 7,
2012 (for Model A340-211, -212, -213, -311, -312, and -313 airplanes).
No additional work is required by these revisions for airplanes
modified by Airbus Mandatory Service Bulletin A330-21-3165, Revision
02, dated March 29, 2012; or Airbus Mandatory Service Bulletin A340-21-
4152, Revision 02, dated March 29, 2012; as applicable.
    We have changed paragraphs (g), (h), and (k) (which was identified
as paragraph (j) in the NPRM (77 FR 66764, November 7, 2012)) of this
AD to refer to Airbus Mandatory Service Bulletin A330-21-3165, Revision
03, dated December 7, 2012; and Airbus Mandatory Service Bulletin A340-
21-4152, Revision 03, dated December 7, 2012. We also have added new
paragraph (i) to this AD to give credit for actions accomplished before
the effective date of this AD performed using previous service
information and have re-identified subsequent paragraphs accordingly.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD with the changes described
previously--except for minor editorial changes. We have determined that
these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 66764, November 7, 2012) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 66764, November 7, 2012).

Costs of Compliance

    We estimate that this AD will affect 58 products of U.S. registry.
We also estimate that it will take about 6 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $66 per product.
Where the service information lists required parts costs that are
covered under warranty, we have assumed that there will be no charge
for these parts. As we do not control warranty coverage for affected
parties, some parties may incur costs higher than estimated here. Based
on these figures, we estimate the cost of this AD to the U.S. operators
to be $33,408, or $576 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM (77 FR 66764, November 7,
2012), the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2013-05-09 Airbus: Amendment 39-17381. Docket No. FAA-2012-1160;
Directorate Identifier 2012-NM-096-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 24,
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs
(c)(1), (c)(2), and (c)(3) of this AD, certificated in any category.
    (1) Model A330-201, -202, -203, -223, -243, -301, -302, -303, -
321, -322, -323, -341, -342, and -343 airplanes, all manufacturer
serial numbers, except for airplanes on which Airbus modification
201500 has been embodied in production.
    (2) Model A330-223F and -243F airplanes, all manufacturer serial
numbers, except for airplanes on which Airbus modification 201681
has been embodied in production.
    (3) Model A340-211, -212, -213, -311, -312, and -313 airplanes,
all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 21, Air
conditioning.

(e) Reason

    This AD was prompted by a determination that the bonding lead
from a certain isolation valve to a frame was too close to an
electrical harness, which might cause chafing between the electrical
harness and the associated bonding lead. This chafing could lead to
a short circuit of the isolation valve and consequent non-closure of
the isolation valve, which would prevent the air flow to be shut off
in case of fire. We are issuing this AD to prevent such chafing,
which could result in non-closure of the isolation valve in the
event of a fire and consequent damage to the airplane and injury to
its occupants.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Bonding Lead Installation Modification

    Within 48 months after the effective date of this AD, modify the
bonding lead installation of isolation valve 283HN, in accordance
with the Accomplishment Instructions of the applicable service
bulletin specified in paragraph (g)(1), (g)(2), or (g)(3) of this
AD.
    (1) Airbus Mandatory Service Bulletin A330-21-3165, Revision 03,
dated December 7, 2012 (for Model A330-201, -202, -203, -223, -243,
-301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes).
    (2) Airbus Mandatory Service Bulletin A330-21-3160, dated August
4, 2011 (for Model A330-223F and -243F airplanes).
    (3) Airbus Mandatory Service Bulletin A340-21-4152, Revision 03,
dated December 7, 2012 (for Model A340-211, -212, -213, -311, -312,
and -313 airplanes).

(h) Bonding Lead Additional Work Modification

    For airplanes that have already been modified prior to the
effective date of this AD, as specified in Airbus Mandatory Service
Bulletin A330-21-3165, dated September 27, 2011, or Mandatory
Service Bulletin A330-21-3165, Revision 01, dated November 21, 2011;
or Airbus Mandatory Service Bulletin A340-21-4152, dated September
27, 2011, or Airbus Mandatory Service Bulletin A340-21-4152,
Revision 01, dated November 21, 2011: Within 48 months after the
effective date of this AD, perform the ``Additional Work'' specified
in the Accomplishment Instructions of Airbus Mandatory Service
Bulletin A330-21-3165, Revision 03, dated December 7, 2012; or
Airbus Mandatory Service Bulletin A340-21-4152, Revision 03, dated
December 7, 2012; as applicable.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using Airbus Mandatory Service
Bulletin A330-21-3165, Revision 02, dated March 29, 2012; or Airbus
Mandatory Service Bulletin A340-21-4152, Revision 02, dated March
29, 2012; as applicable; which are not incorporated by reference in
this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(k) Related Information

    (1) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2012-0090, dated May 22, 2012, and the following service
information, for related information.
    (i) Airbus Mandatory Service Bulletin A330-21-3160, dated August
4, 2011.
    (ii) Airbus Mandatory Service Bulletin A330-21-3165, Revision
03, dated December 7, 2012.
    (iii) Airbus Mandatory Service Bulletin A340-21-4152, Revision
03, dated December 7, 2012.
    (2) For service information identified in this AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Mandatory Service Bulletin A330-21-3160, dated August
4, 2011.
    (ii) Airbus Mandatory Service Bulletin A330-21-3165, Revision
03, dated December 7, 2012.
    (iii) Airbus Mandatory Service Bulletin A340-21-4152, Revision
03, dated December 7, 2012.
    (3) For service information identified in this AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on March 1, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-05836 Filed 3-19-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 3, 2010 (Volume 75, Number 84)]
[Proposed Rules]
[Page 23209-23212]
[DOCID:fr03my10-12]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0250]
RIN 1625-AA00

Safety Zone; Chicago Tall Ships Fireworks, Lake Michigan,
Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on Lake Michigan within Chicago Harbor near Navy Pier in Chicago,
Illinois. This zone is intended to restrict vessels from a portion of
Chicago Harbor due to a fireworks display. This proposed safety zone is
necessary to protect the surrounding public and their vessels from the
hazards associated with a fireworks display.

DATES: Comments and related material must be received by the Coast
Guard on or before June 2, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0250 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail CWO2 Jon Grob, U.S. Coast Guard Sector Lake
Michigan; telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>If you
have questions on viewing or submitting material to the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0250), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-0250'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\; by 11 inches,
suitable for copying and electronic filing. If you submit comments by
mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then

become highlighted in blue. In the ``Keyword'' box insert ``USCG-2010-
0250'' and click ``Search.'' Click the ``Open Docket Folder'' in the
``Actions'' column. You may also visit the Docket Management Facility
in Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. We have an agreement with the Department of Transportation to
use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Basis and Purpose

    This temporary safety zone is necessary to ensure the safety of
vessels from the hazards associated with the Tall Ships Fireworks. The
Captain of the Port, Sector Lake Michigan, has determined that the Tall
Ships Fireworks presents significant risks to public safety and
property. The likely combination of congested waterways and a fireworks
display could easily result in serious injuries or fatalities.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a temporary safety zone on
specified waters of Lake Michigan in the vicinity of Chicago Harbor.
This safety zone will encompass all navigable waters located off the
north east end of Navy Pier, encompassing an area 600 yards by 750
yards bound by a line drawn from 41[deg]53'24'' N, 087[deg]35'55'' W;
then north to 41[deg]53'41'' N, 087[deg]35'55'' W; then east to
41[deg]53'41'' N, 087[deg]35'26'' W; then south to 41[deg]53'24'' N,
087[deg]35'26'' W; then west returning to the point of origin (NAD 83).
The proposed rule and associated safety zone is necessary to ensure the
safety of vessels and people during the Tall Ships Fireworks. The
proposed safety zone will be enforced only immediately before, during,
and immediately after the event and only upon notice by the Captain of
the Port, Sector Lake Michigan. The Captain of the Port, Sector Lake
Michigan, will use all appropriate means to notify the public when the
safety zone will be enforced, including publication in the Federal
Register in accordance with 33 CFR 165.7(a). Means of notification may
also include Broadcast Notice to Mariners or Local Notice to Mariners.
The Captain of the Port, Sector Lake Michigan, will issue a Broadcast
Notice to Mariners notifying the public when enforcement of the safety
zone established by this section is cancelled.
    All persons and vessels shall comply with the instructions of the
Captain of the Port, Sector Lake Michigan, or his or her designated on-
scene representative. Entry into, transiting, or anchoring within the
safety zone is prohibited unless authorized by the Captain of the Port,
Sector Lake Michigan, or his or her designated on-scene representative.
The Captain of the Port, Sector Lake Michigan, or his or her designated
on-scene representative may be contacted via VHF Channel 16.

Regulatory Analyses

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

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
    Although this proposed regulation restricts access to the safety
zone, it is not a significant regulatory action because the safety zone
will be in effect for a minimal amount of time, and vessels may still
transit with the permission of the Captain of the Port, Sector Lake
Michigan, or his or her designated on-scene representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This rule will affect the following entities,
some of which might be small entities: The owners or operators of
vessels intending to transit or anchor in the specified portion of
Chicago Harbor on Lake Michigan from 8:45 p.m. on August 24, 2010,
until 9:15 p.m. on August 28, 2010.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone will be in effect for a limited time and enforced for only
30 minutes each night. Plus, vessels may still transit through the zone
with the permission of the Captain of the Port, Sector Lake Michigan,
or his or her designated on-scene representative. Moreover, the Coast
Guard will give notice to the public that the regulation is in effect
and when it will be enforced.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact CWO2 Jon K. Grob, Prevention
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414)
747-7188. The Coast Guard will not retaliate against small entities
that question or complain about this proposed rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. Therefore, this rule is
categorically excluded, under section 2.B.2. Figure 2-1, paragraph
34(g), of the Instruction. A preliminary environmental analysis
checklist supporting this determination is available in the docket
where indicated under ADDRESSES. This proposed rule involves the
establishment of a safety zone around a fireworks display. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

    2. Add Sec.  165.T09-0250 to read as follows:

Sec.  165.T09-0250  Safety Zone; Tall Ships Fireworks, Chicago Harbor,
Chicago, IL.

    (a) Location. The following area is a temporary safety zone: All
U.S. waters of Lake Michigan in the vicinity of Chicago Harbor located
off the north east end of Navy Pier, encompassing an area 600 yards by
750 yards bound by a line drawn from 41[deg]53'24'' N, 087[deg]35'55''
W; then north to 41[deg]53'41'' N, 087[deg]35'55'' W; then east to
41[deg]53'41'' N, 087[deg]35'26'' W; then south to 41[deg]53'24'' N,
087[deg]35'26'' W; then west returning to the point of origin (NAD 83).
    (b) Effective period. This regulation is effective from 8:45 p.m.
on August 24, 2010, until 9:15 p.m. on August 28, 2010. It will be
enforced between 8:45 p.m. and 9:15 p.m. on August 24, 2010, between
the hours of 8:45 p.m. and 9:15 p.m. on August 25, 2010, between the
hours of 8:45 p.m. and 9:15 p.m. on August 26, 2010, between the hours
of 8:45 p.m. and 9:15 p.m. on August 27, 2010, and again between the
hours of 8:45 p.m. and 9:15 p.m. on August 28, 2010. The Captain of the
Port, Sector Lake Michigan, or his or her on scene representative may
terminate this operation at anytime.
    (c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring in
this safety zone is prohibited unless authorized by the Captain of the
Port, Sector Lake Michigan, or his or her designated on-scene
representative.
    (2) This safety zone is closed to all vessel traffic except as
permitted by the Captain of the Port, Sector Lake Michigan, or his or
her designated on-scene representative.

    (3) The ``on-scene representative'' of the Captain of the Port,
Sector Lake Michigan, is any Coast Guard commissioned, warrant, or
petty officer who has been designated by the Captain of the Port,
Sector Lake Michigan, to act on his or her behalf. The on-scene
representative of the Captain of the Port, Sector Lake Michigan, will
be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The
Captain of the Port, Sector Lake Michigan, or his or her designated on-
scene representative may be contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sector Lake Michigan, or
his or her designated on-scene representative to obtain permission to
do so. Vessel operators given permission to enter or operate in the
safety zone must comply with all directions given to them by the
Captain of the Port, Sector Lake Michigan, or his or her on-scene
representative.

    Dated: April 16, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2010-10205 Filed 4-30-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39745-39746]
[FR Doc No: 2018-17195]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL--9981-72-Region 6]

Underground Injection Control Program; Hazardous Waste Injection
Restrictions; Petition for Exemption--Class I Hazardous Waste
Injection; Innophos, Inc. Geismar, Louisiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of a final decision on a UIC no migration petition.

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

SUMMARY: Notice is hereby given that an exemption to the Land Disposal
Restrictions, under the 1984 Hazardous and Solid Waste Amendments to
the Resource Conservation and Recovery Act, has been granted to
Innophos for two Class I hazardous waste injection wells located at
their Geismar, Louisiana facility. The company has adequately
demonstrated to the satisfaction of the EPA by the petition application
and supporting documentation that, to a reasonable degree of certainty,
there will be no migration of hazardous constituents from the injection
zone for as long as the waste remains hazardous. This final decision
allows the underground injection by Innophos of the specific restricted
hazardous wastes identified in this exemption request, into Class I
hazardous waste injection wells DW#1 and DW#2 until July 12, 2048,
unless

the EPA moves to terminate this exemption or other petition condition
limitations are reached. Additional conditions included in this final
decision may be reviewed by contacting the EPA Region 6 Ground Water/
UIC Section. A public notice was issued May 24, 2018, and the public
comment period closed on July 9, 2018, and no comments were received.
This decision constitutes final Agency action and there is no
Administrative appeal. This decision may be reviewed/appealed in
compliance with the Administrative Procedure Act.

DATES: This action is effective as of July 12, 2018.

ADDRESSES: Copies of the petition and all pertinent information
relating thereto are on file at the following location: Environmental
Protection Agency, Region 6, Water Division, Safe Drinking Water Branch
(6WQ-S), 1445 Ross Avenue, Dallas, Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Philip Dellinger, Chief Ground Water/
UIC Section, EPA--Region 6, telephone<PHONE_NUMBER>.

    Dated: July 12, 2018.
Charles W. Maguire,
Director, Water Division.
[FR Doc. 2018-17195 Filed 8-9-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: February 19, 2010 (Volume 75, Number 33)]
[Rules and Regulations]
[Page 7342-7345]
[DOCID:fr19fe10-2]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0126; Directorate Identifier 2010-NM-015-AD;
Amendment 39-16209; AD 2010-04-16]
RIN 2120-AA64

Airworthiness Directives; SICLI Halon 1211 Portable Fire
Extinguishers as Installed on Various Airplanes and Rotorcraft

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

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    The Civil Aviation Authority of the United Kingdom (UK) has
informed EASA [European Aviation Safety Agency] that significant
quantities of Halon 1211 gas, determined to be outside the required
specification, have been supplied to the aviation industry for use
in fire extinguishing equipment. * * *
* * * * *
    * * * This Halon 1211 has subsequently been used to fill P/N
[part number] 1708337B4 portable fire extinguishers that are now
likely to be installed in or carried on board aircraft.
    The contaminated nature of this gas, when used against a fire,
may provide reduced fire suppression, endangering the safety of the
aircraft and its occupants. In addition,

extinguisher activation may lead to release of toxic fumes, possibly
causing injury to aircraft occupants.
* * * * *
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective March 8, 2010.
    We must receive comments on this AD by April 5, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, 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 http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: For transport airplanes: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    For small airplanes: Leslie B. Taylor, Aerospace Engineer,
Standards Staff, Small Airplane Directorate, FAA, 901 Locust Street,
Room 301, Kansas City, MO 64106; telephone<PHONE_NUMBER>; fax (816)
329-4090.
    For rotorcraft: DOT/FAA Southwest Region, J.R. Holton, Jr., ASW-
112, Aviation Safety Engineer, Rotorcraft Directorate, Safety
Management Group, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone
(817) 222-4964; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued
Airworthiness Directive 2009-0278, dated December 22, 2009, (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    The Civil Aviation Authority of the United Kingdom (UK) has
informed EASA that significant quantities of Halon 1211 gas,
determined to be outside the required specification, have been
supplied to the aviation industry for use in fire extinguishing
equipment. Halon 1211 (BCF) is used in portable fire extinguishers,
usually fitted or stowed in aircraft passenger cabins and flight
decks.
    EASA published Safety Information Bulletin (SIB) 2009-39 on 23
October 2009 to make the aviation community aware of this safety
concern.
    The results of the ongoing investigation have now established
that LyonTech Engineering Ltd, a UK-based company, has supplied
further consignments of Halon 1211 (BCF) to SICLI that do not meet
the required specification. This Halon 1211 has subsequently been
used to fill P/N [part number] 1708337B4 portable fire extinguishers
that are now likely to be installed in or carried on board aircraft.
    The contaminated nature of this gas, when used against a fire,
may provide reduced fire suppression, endangering the safety of the
aircraft and its occupants. In addition, extinguisher activation may
lead to release of toxic fumes, possibly causing injury to aircraft
occupants.
    For the reason described above, this EASA AD requires the
identification and removal from service of certain batches of fire
extinguishers and replacement with serviceable units.

You may obtain further information by examining the MCAI in the AD
docket.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between the AD and the MCAI

    We have reviewed the MCAI and, in general, agree with their
substance. But we might have found it necessary to use different words
from those in the MCAI to ensure the AD is clear for U.S. operators and
is enforceable. In making these changes, we do not intend to differ
substantively from the information provided in the MCAI and related
service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
contaminated Halon 1211 gas has been used to fill certain portable fire
extinguishers that are now likely to be installed in or carried on
board aircraft. Contaminated Halon 1211 gas, when used against a fire,
may have reduced fire suppression capabilities, endangering the safety
of the aircraft and its occupants. In addition, extinguisher activation
may release toxic fumes, possibly causing injury to aircraft occupants.
Therefore, we determined that notice and opportunity for public comment
before issuing this AD are impracticable and that good cause exists for
making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2010-0126; Directorate
Identifier 2010-NM-015-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I,

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2010-04-16 SICLI (formerly General Incendie MAIP): Amendment 39-
16209. Docket No. FAA-2010-0126; Directorate Identifier 2010-NM-015-
AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 8,
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Type H1-10 AIR Halon 1211 (BCF) portable
fire extinguishers manufactured by SICLI, having part number (P/N)
1708337B4 and having any serial number listed in Table 1 of this AD.
These fire extinguishers may be installed on (or carried or stowed
on board) various airplanes and rotorcraft, certificated in any
category, identified in but not limited to the airplanes and
rotorcraft of the manufacturers included in Table 2 of this AD, all
type-certificated models.

    Table 1--Serial Numbers of Affected SICLI Fire Extinguishers, P/N
                                1708337B4
------------------------------------------------------------------------
                               Serial Nos.
-------------------------------------------------------------------------
0843113 and 0843114.
0843329, 0843330 and 0843331.
0843333 through 0843339 inclusive (incl.).
0843341 through 0843350 incl.
0843352 through 0843358 incl.
0843360 through 0843369 incl.
0843372.
0843374 through 0843386 incl.
0843388.
0843390 through 0843407 incl.
0843409 through 0843464 incl.
0843466 through 0843468 incl.
0843470 and 0843471.
0843473.
0843475.
0843477.
0843479 through 0843487 incl.
0843489 through 0843522 incl.
0843524 through 0843552 incl.
0843554 through 0843561 incl.
0843563.
0843565 through 0843574 incl.
0843579 through 0843587 incl.
0843589 through 0843629 incl.
0843631 through 0843676 incl.
0843679 through 0843700 incl.
0843702 through 0843737 incl.
0843739 through 0843780 incl.
0843782 through 0843845 incl.
0843847 and 0843848.
0843850 through 0843856 incl.
0843858 through 0843861 incl.
0843863 through 0843878 incl.
0843879 through 0843902 incl.
0843904 through 0843934 incl.
0843936 through 0843951 incl.
0843953 through 0843957 incl.
0843959 through 0843969 incl.
0843971.
0843973 through 0843977 incl.
0843979 through 0843982 incl.
0843984, 0843985 and 0843986.
0843988 through 0844016 incl.
0844018 through 0844043 incl.
0844045 and 0844046.
0844048 and 0844049.
0844051 through 0844069 incl.
0844071 through 0844077 incl.
0844079 through 0844109 incl.
0844111 and 0844112.
0844115 through 0844119 incl.
0844121 through 0844125 incl.
0844127 through 0844161 incl.
0844163 through 0844190 incl.
0844192 and 0844193.
0844195.
0844197.
0844199 through 0844218 incl.
0844220 through 0844225 incl.
0844228 through 0844240 incl.
0844242 through 0844249 incl.
0844253 through 0844257 incl.
0844259 through 0844263 incl.
0844265 through 0844267 incl.
0844269 through 0844280 incl.
0844282 through 0844286 incl.
0844288 and 0844289.
0844291 through 0844303 incl.
0844305 through 0844317 incl.
0844319 through 0844332 incl.
0844334 through 0844337 incl.
0844339 through 0844376 incl.
0844379 through 0844398 incl.
0844400 and 0844401.
0844403 through 0844415 incl.
0844417 through 0844422 incl.
0844424 through 0844428 incl.
0844430 through 0844436 incl.
0844439 through 0844450 incl.
0844452 through 0844454 incl.
0844456 through 0844470 incl.
0844472 through 0844475 incl.
0844477 through 0844494 incl.
0844496 through 0844512 incl.
0844514 through 0844518 incl.
0844520 through 0844524 incl.
0844526.
0844528.
0844530.
0844534.
0844536 through 0844568 incl.
0844570 through 0844592 incl.
0844594 through 0844619 incl.
0844621 through 0844626 incl.
0844628 through 0844635 incl.
0844637 through 0844660 incl.
0844663 through 0844666 incl.
0844668.
0844670 through 0844673 incl.
0844676 through 0844685 incl.
0844687 through 0844692 incl.
0844694 through 0844702 incl.
0844704 through 0844708 incl.
0844710 through 0844723 incl.
0844725 through 0844730 incl.
0844732 through 0844741 incl.
0844743 through 0844747 incl.
0844749 through 0844771 incl.
0844773 through 0844778 incl.
0844781 through 0844792 incl.
0844794 through 0844801 incl.
0844803 through 0844837 incl.
------------------------------------------------------------------------

               Table 2--Affected Airplanes and Rotorcraft
------------------------------------------------------------------------
                              Manufacturer
-------------------------------------------------------------------------
Airbus.
ATR--GIE Avions de Transport R[eacute]gional.
The Boeing Company.
Bombardier, Inc.
Cessna Aircraft Company.
Dassault-Aviation.
Empresa Brasileira de Aeronautica S.A. (EMBRAER).
Eurocopter Canada Limited.
Eurocopter Deutschland GMBH (ECD).
Eurocopter France.
McDonnell Douglas Corporation.
------------------------------------------------------------------------

Subject

    (d) Air Transport Association (ATA) of America Code 26: Fire
Protection.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    The Civil Aviation Authority of the United Kingdom (UK) has
informed EASA [European Aviation Safety Agency] that significant
quantities of Halon 1211 gas, determined to be outside the required
specification, have been supplied to the aviation industry for use
in fire extinguishing equipment. Halon 1211 (BCF) is used in
portable fire extinguishers, usually fitted or stowed in aircraft
passenger cabins and flight decks.
    EASA published Safety Information Bulletin (SIB) 2009-39 on 23
October 2009 to make the aviation community aware of this safety
concern.
    The results of the ongoing investigation have now established
that LyonTech Engineering Ltd, a UK-based company, has supplied
further consignments of Halon 1211 (BCF) to SICLI that do not meet
the required specification. This Halon 1211 has subsequently been
used to fill P/N [part number] 1708337B4 portable fire extinguishers
that are now likely to be installed in or carried on board aircraft.
    The contaminated nature of this gas, when used against a fire,
may provide reduced fire suppression, endangering the safety of the
aircraft and its occupants. In addition, extinguisher activation may
lead to release of toxic fumes, possibly causing injury to aircraft
occupants.
    For the reason described above, this EASA AD requires the
identification and removal from service of certain batches of fire
extinguishers and replacement with serviceable units.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Actions

    (g) Within 90 days after the effective date of this AD, replace
all Type H1-10 AIR Halon 1211 (BCF) portable fire extinguishers
manufactured by SICLI, having P/N 1708337B4 and having any serial
number listed in Table 1 of this AD, with serviceable fire
extinguishers.
    (h) Within 90 days after doing any replacement required by
paragraph (g) of this AD, return the affected fire extinguisher to:
SICLI, ZI la Sauni[egrave]re, 89600 Saint Florentin, France;
telephone: +33 (0)3 8643 7930; fax: +33 (0)3 8635 3632; e-mail
<EMAIL_ADDRESS>Web site: http://www.sicli.com.
    (i) As of the effective date of this AD, do not install any
SICLI fire extinguisher having P/N 1708337B4 and a serial number
listed in Table 1 of this AD, on any airplane or rotorcraft.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service
information as follows:
    (1) EASA AD 2009-0278, dated December 22, 2009, specifies a time
of 30 days to do the actions. This AD requires that the actions be
done within 90 days. We have determined that a 90-day compliance
time will ensure an acceptable level of safety.
    (2) EASA AD 2009-0278 includes fire extinguishers having certain
serial numbers in its applicability. The EASA AD also includes a
requirement to inspect to determine if the fire extinguishers have
those serial numbers and replacement if necessary. Since the
affected fire extinguishers are part of the applicability, it is not
necessary to also require inspecting for them. Therefore, this AD
includes fire extinguishers having certain serial numbers in its
applicability and does not include an additional requirement to
inspect for serial numbers; this AD requires replacement of all
affected fire extinguishers.

Other FAA AD Provisions

    (j) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The manager of
the office having certificate responsibility for the affected
product has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Before using any
approved AMOC on any aircraft to which the AMOC applies, notify your
principal maintenance inspector (PMI) or principal avionics
inspector (PAI), as appropriate, or lacking a principal inspector,
your local Flight Standards District Office. The AMOC approval
letter must specifically reference this AD.
    (i) For transport airplanes: Send information to ATTN: Dan
Rodina, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    (ii) For small airplanes: Send information to ATTN: Leslie B.
Taylor, Aerospace Engineer, Standards Staff, Small Airplane
Directorate, FAA, 901 Locust Street, Room 301, Kansas City, MO
64106; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    (iii) For rotorcraft: Send information to ATTN: DOT/FAA
Southwest Region, J.R. Holton, Jr., ASW-112, Aviation Safety
Engineer, Rotorcraft Directorate, Safety Management Group, 2601
Meacham Blvd., Fort Worth, TX 76137; telephone<PHONE_NUMBER>; fax
(817) 222-5961.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (k) Refer to MCAI EASA Airworthiness Directive 2010-0278, dated
December 22, 2009, for related information.

Material Incorporated by Reference

    (l) None.

    Issued in Washington, DC, on February 4, 2010.
Kalene C. Yanamura,
Acting Director, Aircraft Certification Service.
[FR Doc. 2010-3223 Filed 2-18-10; 8:45 am]
BILLING CODE 4910-13-P


Decision XII/2.  Measures to facilitate the transition to
chlorofluorocarbon-free

metered-dose inhalers

For the purposes of this decision, "chlorofluorocarbon metered-dose
inhaler product" means a chlorofluorocarbon-containing metered-dose
inhaler of a particular brand name or company, active ingredient(s) and
strength;

That any chlorofluorocarbon metered-dose inhaler product approved after
31 December 2000 for treatment of asthma and/or chronic obstructive
pulmonary disease in a non-Article 5(1) Party is not an essential use
unless the product meets the criteria set out in paragraph 1(a) of
decision IV/25;

With respect to any chlorofluorocarbon metered-dose inhaler active
ingredient or category of products that a Party has determined to be
non-essential and thereby not authorized for domestic use, to request:

The Party that has made the determination to notify the Secretariat;

(b)	The Secretariat to maintain such a list on its Web site;

(c)	Each nominating Party to reduce accordingly the volume of
chlorofluorocarbons it requests and licenses;

4.	To encourage each Party to urge each metered-dose inhaler company
within its territory to diligently seek approval for the company's
chlorofluorocarbon-free alternatives in its domestic and export markets,
and to require each Party to provide a general report on such efforts to
the Secretariat by 31 January 2002 and each year thereafter;

5.	To agree that each non-Article 5 Party should, if it has not already
done so:

Develop a national or regional transition strategy based on economically
and technically feasible alternatives or substitutes that it deems
acceptable from the standpoint of environment and health and that
includes effective criteria and measures for determining when
chlorofluorocarbon metered-dose inhaler product(s) is/are no longer
essential;

Submit the text of any such strategy to the Secretariat by 31 January
2002;

Report to the Secretariat by 31 January each year thereafter on progress
made on its transition to chlorofluorocarbon-free metered-dose inhalers;

6.	To encourage each Article 5(1) Party to:

(a)	Develop a national or regional transition strategy based on
economically and technically feasible alternatives or substitutes that
it deems acceptable from the standpoint of environment and health and
that includes effective criteria and measures for determining when
chlorofluorocarbon metered-dose inhaler product(s) can be replaced with
chlorofluorocarbon-free alternatives;

(b)	Submit the text of any such a strategy to the Secretariat by 31
January 2005;

(c)	Report to the Secretariat by 31 January each year thereafter on
progress made on its transition to chlorofluorocarbon-free metered-dose
inhalers;

7.	To request the Executive Committee of the Multilateral Fund to
consider providing technical, financial and other assistance to Article
5(1) Parties to facilitate the development of metered-dose inhaler
transition strategies and the implementation of approved activities
contained therein, and to invite the Global Environment Facility to
consider providing the same assistance to those eligible countries with
economies in transition;

8.	To decide that, as a means of avoiding unnecessary production of new
chlorofluorocarbons, and provided that the conditions set out in
paragraphs (a) - (d) of decision IX/20 are met, a Party may allow a
metered-dose inhaler company to transfer:

All or part of its essential use authorization to another existing
metered-dose inhaler company; or

	Chlorofluorocarbons to another metered-dose inhaler company provided
that the transfer complies with national/regional licence or other
authorization requirements;

9.	To request the Technology and Economic Assessment Panel to summarize
and review by 15 May each year the information submitted to the
Secretariat;

10.	To modify as necessary the Handbook for Essential Use Nominations to
take account of the requirements contained in this decision as they
pertain to non-Article 5(1) Parties;

11.	To request the Technology and Economic Assessment Panel to consider
and report to the next Meeting of the Parties on issues related to the
campaign production of chlorofluorocarbons for chlorofluorocarbon
metered-dose inhalers.


[Federal Register: August 28, 2007 (Volume 72, Number 166)]
[Rules and Regulations]
[Page 49198-49203]
[DOCID:fr28au07-28]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2007-0285; FRL-8460-2]

Approval and Promulgation of Air Quality Implementation Plans;
Texas; Shipyard Facilities and Provisions for Distance Limitations,
Setbacks, and Buffers in Standard Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve a State
Implementation Plan (SIP) revision for the State of Texas. This
revision adds provisions which incorporate the evaluation of emissions
from dockside vessels when reviewing applications for permits for new
and modified sources and certain other administrative changes to its
air permitting requirements. It also adds provisions concerning
compliance with distance limitations, setbacks, and buffers at
facilities that are authorized to construct or modify under an air
quality standard permit. This action is being taken under section 110
of the Federal Clean Air Act (the Act).

DATES: This rule is effective on October 29, 2007 without further
notice, unless EPA receives relevant adverse comment by September 27,
2007. 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.

ADDRESSES: Submit your comments, identified by Regional Material in
DOCKET ID No. EPA-R06-OAR-2007-0285, by one of the following methods:
     Federal rulemaking Portal: http://www.regulations.gov.

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

``Air'' before submitting comments.
     E-mail: Mr. Stanley M. Spruiell at
<EMAIL_ADDRESS>
     Fax: Mr. Stanley M. Spruiell, Air Permits Section (6PD-R),
at fax number<PHONE_NUMBER>.
     Mail: Mr. Stanley M. Spruiell, Air Permits Section (6PD-
R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Stanley M. Spruiell, 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 a.m. and 4 p.m. weekdays except
for legal holidays. Special arrangements should be made for deliveries
of boxed information.
    Instructions: Direct your comments to Regional Material in DOCKET
ID No. EPA-R06-OAR-2007-0285. EPA's policy is that all comments
received will be included in the public file without change, and may be
made available online at http://www.regulations.gov, including any personal

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

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

automatically captured and included as part of the comment that is
placed in the public 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 docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

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

Permits Section (6PD-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 State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
    Texas Commission on Environmental Quality, Office of Air Quality,
12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Stanley M. Spruiell, Air Permits
Section (6PD-R), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>;
fax number<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

Outline

I. What Action Is EPA Taking?
II. What Did the State Submit?
III. What Is EPA's Evaluation of These SIP Revisions?
IV. Final Action
V. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    We are taking direct final action to approve revisions to the Texas
SIP, submitted September 4, 2002, which require evaluation of the
emissions from dockside vessels when applying for permits for new and
modified sources and certain other administrative changes as described
herein. This SIP revision requires that all dockside marine vessel
emissions associated with onshore facilities or using onshore equipment
be included in all permits. The emissions will require best available
control technology (BACT), maximum allowable emission limitations,
monitoring, testing, and ambient air impacts analysis. Such emissions
originating from a dockside vessel that will be included in permits
include: Loading and unloading of bulk liquid materials, liquefied
gaseous materials, and solid bulk materials; cleaning and degassing
liquid vessel compartments; and abrasive blasting and painting.
    We are also taking direct final action to approve SIP revisions to
section 116.615, submitted March 12, 2007, which relate to compliance
with distance limitations, setbacks, and buffers which are to be
determined at facilities that are authorized to construct or modify
under an air quality standard permit. The Commission submitted this
amendment to EPA to process as a revision to the Texas SIP. The revised
rule provides that if a Standard Permit for a facility requires a
distance setback, or buffer from other property or structure as a
condition of the permit, the determination of whether the distance
setback, or buffer is satisfied shall be made on conditions existing on
the earlier of: The date new construction, expansion, or modification
of a facility begins; or the date of any application or notice of
intent is first filed with the TCEQ to obtain approval for the
construction or operation of the facility.

II. What Did the State Submit?

    We are approving provisions from two SIP revisions that the Texas
Commission on Environmental Quality (TCEQ) submitted to EPA. These SIP
revisions were dated September 4, 2002, and March 12, 2007. Copies of
the revised rules as well as the Technical Support Document (TSD) can
be obtained from the Docket, as discussed in the ``Docket'' section
above. A discussion of the specific Texas rules changes that we are
approving is included in the TSD and summarized below.

A. The September 4, 2002, SIP Revision

    On September 4, 2002, the TCEQ submitted a SIP revision which
requires evaluation of the emissions from dockside vessels when
applying for permits for new and modified sources and certain other
administrative changes. This includes revisions to 30 Texas
Administrative Code (TAC) Chapter 116--Control of Air Pollution by
Permits for New Construction or Modification. The TCEQ submitted
revisions to section 116.10--General Definitions, section 116.111--
General Application, and section 116.615--General Conditions. These
sections are amended to add new definitions of ``dockside vessel'' and
``dockside vessel emissions'' in section 116.10 and to revise sections
116.111 and 116.615 to include requirements to evaluate the emissions
from dockside vessels when the owner or operator applies for a permit
or uses a Standard Permit for new and modified sources.

B. The March 12, 2007, SIP Revision.

    On March 12, 2007, the TCEQ submitted amendments to section 116.615
which addresses compliance with distance limitations, setbacks, and
buffers at facilities that are authorized to construct or modify under
an air quality standard permit. The revised rule provides that if a
Standard Permit for a facility requires a distance setback or buffer
from other property or structure as a condition of the permit, the
determination of whether the distance setback or buffer is satisfied
shall be made on conditions existing on the earlier of: The date new
construction, expansion, or modification of a facility begins or the
date of any application or notice of intent is first filed with the
TCEQ to obtain approval for the construction or operation of the
facility.

III. What Is EPA's Evaluation of These SIP Revisions?

A. September 4, 2002, SIP Submittal

1. Section 116.10--General Definitions
    The new definition of ``dockside vessel'' in section 116.10(4)
defines the term as any water-based transportation, platforms, or
similar structures which are connected or moored to the land. The new
definition of ``dockside vessel emissions'' in section 116.10(5)
defines the term as those emissions originating from a dockside vessel
that are the result of functions performed by onshore facilities or
using onshore equipment. These emissions include, but are not limited
to: Loading and unloading of liquid bulk materials; loading and
unloading of liquefied gaseous materials; loading and unloading of
solid bulk materials; cleaning and degassing of liquid vessel
compartments; and abrasive blasting and painting.
    These definitions meet the requirements of 40 CFR 51.160(e) which
provide that any SIP for review of new and modified sources must
identify the types and sizes of facilities, building, structures, or
installations that will be subject to review and discuss the basis
determining which facilities will be subject to review. In this action,
Texas has identified dockside vessels as a type of facility that should
be reviewed in permits for new and modified facilities. When adopting
these revisions to its regulations, the TCEQ determined that dockside
vessels are facilities in the Texas Clean Air Act (TCAA), Sec.
382.003(6), and thus subject to the requirements of Chapter 116. These
emissions will be subject to BACT review, maximum allowable emission
limitations, monitoring, testing, recordkeeping, and ambient air
impacts analysis. The TSD contains additional information on our
evaluation of the revisions to section 116.10 and the basis for how the
revisions meet our requirements for approval.

2. Section 116.111--General Application
    Texas revised section 116.111(a)(2) to add a requirement to review
dockside vessel emissions; made non-substantive changes to clarify
section 116.111(a)(2)(A)(i); and revised section 116.111(a)(2)(J) to
preclude consideration of dispersion modeling predicting concentrations
of non-criteria air contaminants over coastal waters of the state
(limited to shipbuilding or ship repair operation).
    The revision to section 116.111(a)(2) to add a requirement to
review dockside vessel emissions, meets the requirements of 40 CFR
51.160(e) which provide that any SIP for review of new and modified
sources must identify the types and sizes of facilities, building,
structures, or installations which will be subject to review and
discuss the basis determining which facilities will be subject to
review. In this action, Texas has identified dockside vessels as a type
of facility that should be reviewed in permits for new and modified
facilities. When adopting these revisions to its regulations, the TCEQ
determined that dockside vessels are facilities in the Texas Clean Air
Act (TCAA), section 382.003(6), and thus subject to the requirements of
Chapter 116. These emissions will be subject to BACT review, maximum
allowable emission limitations, monitoring, testing, recordkeeping, and
ambient air impacts analysis.
    The revision to section 116.111(a)(2)(A)(i) previously provided
that the ``emissions from the proposed facility will comply with all
rules and regulations of the commission and with the intent of the
TCAA, including protection of the health and physical property of the
people.'' Texas changed the last clause to read ``including protection
of the health and property of the public.'' This change is approvable
as a non-substantive change.
    Section 116.111(a)(2)(J) was revised to preclude consideration of
dispersion modeling which predicts concentrations of non-criteria air
contaminants over coastal waters of the state (limited to shipbuilding
or ship repair operation). 40 CFR 51.160(a) requires a State or local
agency to ensure that the proposed construction or modification of a
facility, building, structure, or installation, or combination of these
will not interfere with the attainment or maintenance of a national
standard. The ``national standard'' refers to national ambient air
quality standards (NAAQS) established under 40 CFR part 50 for the
criteria pollutants. Thus, 40 CFR 51.160 requires a State or local
agency to address interference with attainment or maintenance of the
NAAQS for the criteria pollutants, and does not address attainment or
maintenance of ambient standards for non-criteria pollutants. Texas'
approved SIP for reviewing new and modified sources meets the
requirements of 40 CFR 51.160 for the criteria pollutants. There is no
requirement under section 51.160 to address ambient impacts for non-
criteria pollutants. Thus Texas' revised provision not to ``require and
* * * consider air dispersion modeling results predicting ambient
concentrations of non-criteria air contaminants over coastal waters of
the state'' is consistent with the provisions of section 51.160(a). The
TSD contains additional information on our evaluation of the revisions
to section 116.111 and the basis for how the revisions meet our
requirements for approval.
3. Section 116.615--General Conditions
    Section 116.615 is part of Texas' program for Standard Permits.
Texas revised section 116.615(1) to add a requirement to review
dockside vessel emissions; and revised section 116.615(9) to change
cross-references from sections 101.6 and 101.7 to sections 101.201 and
101.211.
    The revision to section 116.615(1) to add a requirement to review
dockside vessel emissions, meets the requirements of 40 CFR 51.160(e)
which provide that any SIP for review of new and modified sources must
identify the types and sizes of facilities, building, structures, or
installations that will be subject to review and discuss the basis
determining which facilities will be subject to review. In this action,
Texas has identified dockside vessels as a type of facility that should
be reviewed in permits for new and modified facilities. When adopting
these revisions to its regulations, the TCEQ determined that dockside
vessels are facilities in the TCAA, section 382.003(6), and thus
subject to the requirements of Chapter 116. These emissions will be
subject to BACT review, maximum allowable emission limitations,
monitoring, testing, recordkeeping, and ambient air impacts analysis.
    The revision to section 116.615(9) changes the cross-references
from sections 101.6 and 101.7 to sections 101.201 and 101.211. This
change is approvable as an administrative change to remove obsolete
provisions of TCEQ's regulation and replace them with the current
provisions.\1\ The TSD contains additional information on our
evaluation of the revisions to section 116.615 and the basis for how
the revisions meet our requirements for approval.
---------------------------------------------------------------------------

    \1\ On March 30, 2005 (70 FR 16129), we approved SIP revisions
which approved the replacement of sections 101.6 and 101.7 with
sections 101.201 and 101.211.
---------------------------------------------------------------------------

4. What is the status of other changes submitted in the September 4,
2002, SIP submittal?
    In this action, EPA is not approving other provisions that Texas
submitted on September 4, 2002. This includes sections 116.311,
116.315, 116.711, 116.715, 116.788, 116.803, and 116.919. These
sections affect earlier provisions which were previously submitted and
which are presently being reviewed by EPA. EPA will take appropriate
action on sections 116.311, 116.315, 116.711, 116.715, 116.788,
116.803, and 116.919 after it completes its review of and takes
appropriate action on the earlier submittals of these sections.
Furthermore, the provisions of sections 116.10, 116.111, and 116.615,
which we are approving in this action, do not cross-reference or depend
on the sections that we are not approving. Accordingly, our taking no
action on sections 116.311, 116.315, 116.711, 116.715, 116.778,
116.803, and 116.919 at this time does not affect the ability to
approve sections 116.10, 116.111, and 116.615. The TSD contains
detailed information concerning the basis for not acting on sections
116.311, 116.315, 116.711, 116.715, 116.778, 116.803, and 116.919 at
this time.

B. March 12, 2007, SIP Submittal

    1. Changes to provisions to incorporate provisions for compliance
with distance limitations, setbacks, and buffers are to be determined
at facilities that are authorized to construct or modify under an air
quality Standard Permit.
    Texas revised section 116.615 to add a new paragraph (11) which
sets forth provisions relating to distance limitations, setbacks, and
buffers that are authorized under an air quality Standard Permit. This
provision provides that if a Standard Permit for a facility requires a
distance limitation, setback, or buffer from other property or
structures as a condition of the permit, such distance limitation,
setback, or buffer is satisfied based on conditions existing on the
earlier of: The date that new construction, expansion, or modification
of a facility begins; or the date any application or notice of intent
is first filed with the TCEQ to obtain approval or operation of the
facility new construction or operation of the facility.

    Any distance limitation, setback, or buffer that is included as a
condition in a Standard Permit issued under Subchapter F--Standard
Permits--of Chapter 116 is a discretionary measure not mandated by the
Act. This revision improves the SIP by providing protection of persons
located near the facility that operates under a Standard Permit which
contains such distance limitation, setback, or buffer. By restricting
the location of these types of facilities, the SIP provides additional
assurances that persons located near these facilities will not be
adversely affected by exposure to the air contaminants emitted from
these facilities. Compliance with this condition will be determined
consistent with section 116.111(2)(A)(i) of the SIP, which was revised
in the September 4, 2002, SIP submittal (which is also being approved
in this action) and which provides that emissions from a new or
modified facility will comply with all rules and regulations of the
Commission and with the intent of the Texas Clean Air Act, including
the protection of the health and property of the public. This revision
meets the requirements of 40 CFR 51.160(a) which requires the plan to
provide that the construction or modification of facility, building,
structure, installation, or combination thereof will not violate
applicable portions of the control strategy or interfere with
attainment or maintenance of a national standard. The TSD contains
additional information on our evaluation of the revisions to section
116.615 and the basis for how the revisions meet our requirements for
approval.
2. Other changes in the March 12, 2007, SIP submittal
    The March 12, 2007, SIP submittal also includes several changes
that are approvable as non-substantive changes. These include the
following changes:
     Revision of section 116.615(1) to replace ``TCAA'' with
``Texas Clean Air Act (TCAA)'';
     Revision of section 116.615(3) to remove the words
``relating to applicability''.
     Revision of section 116.615(5)(A), (6), (8), and (10) to
replace ``air pollution control program'' with ``air pollution control
agency''.
     Revision of section 116.615(6) to replace ``Office of Air
Quality'' with ``commission's appropriate regional office''.
     Revision of section 116.615(8) to replace ``EPA'' with
``United States Environmental Protection Agency''.
    The TSD contains additional information on our evaluation of the
revisions to section 116.615 and the basis for how the revisions meet
our requirements for approval.

C. Does Approval of Texas' Rule Revisions Interfere With Attainment,
Reasonable Further Progress, or Any Other Applicable Requirement of the
Act?

    Section 110(l) of the Clean Air Act states that EPA cannot approve
a SIP revision if the revision would interfere with any applicable
requirements concerning attainment and reasonable further progress
towards attainment of the NAAQS or any other applicable requirements of
the Act. Our review of the Texas SIP submittals indicate that the
revision will not interfere with any applicable requirements concerning
attainment and reasonable further progress towards attainment of the
NAAQS or any other applicable requirements of the Act.

IV. Final Action

    In this action, we are approving the revisions to sections 116.10,
116.111, and 116.615. These revisions meet the requirements of the Act
and our regulations as described above and in the TSD. The change to
require evaluation of emissions from dockside vessels and for setting
distance limitations, setbacks, and buffers in Standard permits will
improve the SIP and improve upon TCEQ's ability to ensure that
emissions from new and modified facilities, buildings, structures, or
installations will not violate applicable portions of the control
strategy or interfere with attainment or maintenance of a national
standard in the state in which the proposed source (or modification) is
located or in a neighboring state.
    EPA is publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on October 29, 2007
without further notice unless we receive adverse comment by September
27, 2007. If we receive relevant adverse comments, we will publish a
timely withdrawal in the Federal Register informing the public that the
rule will not take effect. We will address all public comments in a
subsequent final rule based on the proposed rule. We 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 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.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this 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 approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves 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 rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997),

because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This 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 October 29, 2007. 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 52

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

    Dated: August 16, 2007.
Richard E. Greene,
Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart SS--Texas

0
2. The table in Sec.  52.2270(c) entitled ``EPA Approved Regulations in
the Texas SIP'' is amended by revising the entries for sections 116.10,
116.111, and 116.615 to read as follows:

Sec.  52.2270  Identification of the Plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                   State approval/
        State citation            Title/subject    submittal date     EPA approval date         Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
          Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
----------------------------------------------------------------------------------------------------------------
                                            Subchapter A--Definitions
----------------------------------------------------------------------------------------------------------------
Section 116.10................  General           08/21/02........  8/28/07 [Insert FR     The SIP does not
                                 Definitions.                        page number where      include paragraphs
                                                                     document begins].      (1), (2), (3), (6),
                                                                                (7)(F), (8), (10),
                                                                                (11), (12), and
                                                                                (16).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     Subchapter B--New Source Review Permits
----------------------------------------------------------------------------------------------------------------
                                         Division 1--Permit Application
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 116.111...............  General           08/21/02........  8/28/07 [Insert FR     The SIP does not
                                 Application.                        page number where      include paragraphs
                                                                     document begins].      (a)(2)(K) and (b).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Subchapter F--Standard Permits
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 116.615...............  General           02/21/07........  8/28/07 [Insert FR
                                 Conditions.                         page number where
                                                                     document begins].

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

 [FR Doc. E7-16829 Filed 8-27-07; 8:45 am]

BILLING CODE 6560-50-P