[Federal Register Volume 77, Number 18 (Friday, January 27, 2012)]
[Notices]
[Pages 4292-4293]
[FR Doc No: 2012-1776]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2010-1008; FRL 9511-4]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; TSCA Sec. 8(a) Preliminary
Assessment Information Rule (PAIR)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that the following Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval: TSCA Sec. 8(a) Preliminary
Assessment Information Rule (PAIR); EPA ICR No. 0586.12, OMB Control
No. 2070-0054. The ICR, which is abstracted below, describes the nature
of the information collection activity and its expected burden and
costs.

DATES: Additional comments may be submitted on or before February 27,
2012.

ADDRESSES: Submit your comments, referencing docket ID Number EPA-HQ-
OPPT-2010-1008 to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to:
Document Control Office (DCO), Office of Pollution Prevention and
Toxics (OPPT), Environmental Protection Agency, Mail Code: 7407T, 1200
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB at: Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attention: Desk Officer for EPA, 725 17th Street NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Pamela Myrick, Acting Director,
Environmental Assistance Division, Office of Pollution Prevention and
Toxics, Environmental Protection Agency, Mail code: 7408-M, 1200
Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On August 10, 2011 (76 FR 49469), EPA sought comments on this
renewal pursuant to 5 CFR 1320.8(d). EPA received one supportive
comment during the comment period, which did not result in any change
to the Supporting Statement. Any comments related to this ICR should be
submitted to EPA and OMB within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA EPA-HQ-OPPT-2010-1008, which is available for online viewing at
http://www.regulations.gov, or in person inspection at the OPPT Docket
in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Ave. NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Reading Room is
(202) 566-1744, and the telephone number for the Pollution Prevention
and Toxics Docket is<PHONE_NUMBER>. Use www.regulations.gov to submit
or view public comments, access the index listing of the contents of
the public docket, and to access those documents in the public docket
that are available electronically. Once in the system, select
``search,'' then key in the docket ID number identified above.
    EPA's policy is that public comments, whether submitted
electronically or in paper, will be made available for public viewing
in www.regulations.gov as EPA receives them and without change, unless
the comment contains copyrighted material, confidential business
information (CBI), or other

information whose public disclosure is restricted by statute. When EPA
identifies a comment containing copyrighted material, EPA will provide
a reference to that material in the version of the comment that is
placed in www.regulations.gov. The entire printed comment, including
the copyrighted material, will be available in the public docket.
Although identified as an item in the official docket, information
claimed as CBI, or whose disclosure is otherwise restricted by statute,
is not included in the official public docket, and will not be
available for public viewing in www.regulations.gov. For further
information about the electronic docket, go to www.regulations.gov.
    Title: TSCA Sec. 8(a) Preliminary Assessment Information Rule
(PAIR).
    ICR Status: This is a request to renew an existing approved
collection. This ICR is scheduled to expire on January 31, 2012. Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB.
    Abstract: Section 8(a) of the Toxic Substances Control Act (TSCA)
authorizes EPA to promulgate rules under which manufacturers, importers
and processors of chemical substances and mixtures must maintain
records and submit reports to EPA. EPA has promulgated the Preliminary
Assessment Information Rule (PAIR) under TSCA section 8(a). EPA uses
PAIR to collect information to identify, assess and manage human health
and environmental risks from chemical substances, mixtures and
categories. PAIR requires chemical manufacturers and importers to
complete a standardized reporting form to help evaluate the potential
for adverse human health and environmental effects caused by the
manufacture or importation of identified chemical substances, mixtures
or categories. Chemicals identified by EPA or any other federal agency,
for which a justifiable information need for production, use or
exposure-related data can be satisfied by the use of the PAIR are
proper subjects for TSCA section 8(a) PAIR rulemaking. In most
instances the information that EPA receives from a PAIR report is
sufficient to satisfy the information need in question. This
information collection addresses the reporting and recordkeeping
requirements associated with TSCA section 8(a).
    Responses to the collection of information are mandatory (see 40
CFR parts 712, 766, and 792). Respondents may claim all or part of a
notice as CBI. EPA will disclose information that is covered by a CBI
claim only to the extent permitted by, and in accordance with, the
procedures in 40 CFR part 2.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register, are listed in 40 CFR part 9 and included on the related
collection instrument or form, if applicable.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average about
28.7 hours per response. Burden is defined in 5 CFR 1320.3(b).
    Respondents/Affected Entities: Entities potentially affected by
this action are manufacturers, processors or importers of chemical
substances, mixtures or categories.
    Frequency of Collection: On occasion.
    Estimated average number of responses for each respondent: 2.2.
    Estimated No. of Respondents: 15.
    Estimated Total Annual Burden on Respondents: 948 hours.
    Estimated Total Annual Costs: $59,158.
    Changes in Burden Estimates: This request reflects a decrease of
620 hours (from 1,568 hours to 948 hours) in the total estimated
respondent burden from that currently in the OMB inventory. This
decrease reflects a decrease in the assumed number of PAIR reports
filed annually, and the average annual number of respondents, based on
the past five fiscal years of PAIR reporting data. The Supporting
Statement provides details about the change in burden estimate. The
change is an adjustment.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-1776 Filed 1-26-12; 8:45 am]
BILLING CODE 6560-50-P


 [Federal Register Volume 82, Number 159 (Friday, August 18, 2017)] [Proposed Rules] [Pages 39402-39403] [FR Doc No: 2017-17416]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2016-0597; FRL-9965-96]

40 CFR Part 711

RIN 2070-AK31

Negotiated Rulemaking Committee; Chemical Data Reporting;

Requirements for Inorganic Byproduct Chemical Substances; Notice of

Public Meetings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Rulemaking committee meeting.

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SUMMARY: EPA is giving notice that it is holding two additional

meetings of the Negotiated Rulemaking Committee (Committee) established

on June 5, 2017. The objective of the Committee is to negotiate a

proposed rule that would limit chemical data reporting requirements

under the Toxic Substances Control Act (TSCA), as amended by the Frank

R. Lautenberg Chemical Safety for the 21st Century Act, for

manufacturers of any inorganic byproduct chemical substances when such

byproduct chemical substances are subsequently recycled, reused, or

reprocessed. The purpose of the Committee is to conduct discussions in

a good faith attempt to reach consensus on proposed regulatory

language. This negotiation process is required by the TSCA. This notice

announces the details of two upcoming meetings of the Committee, which

are both open to the public, and which serve as the third and fourth

meetings of the Committee.

DATES: The third Committee meeting will be held on September 13, 2017,

from 9 a.m. to 5 p.m. and on September 14, 2017, from 9 a.m. to 3 p.m.

The fourth Committee meeting will be held on October 25, 2017, from 9

a.m. to 5 p.m. and on October 26, 2017, from 9 a.m. to 3 p.m.

ADDRESSES: The third meeting will take place at Ronald Reagan Building

and International Trade Center, Oceanic Suite, 1300 Pennsylvania Ave

NW., Washington, DC 20004, while the fourth meeting will be held at

William Jefferson Clinton East Building, Room 1153, 1201 Constitution

Avenue NW., Washington, DC 20004.

FOR FURTHER INFORMATION CONTACT: Any member of the public wishing to

obtain information concerning the public meetings may contact Jonah

Richmond, Designated Federal Officer (DFO), Conflict Prevention and

Resolution Center, Office of General Counsel, 1200 Pennsylvania Ave.

NW., Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email

address<EMAIL_ADDRESS>General information about the

Committee, as well as any updates concerning the meetings announced in

this notice, may be found at https://www.epa.gov/chemical-data-reporting/negotiated-rulemaking-committee-chemical-data-reporting-requirements.

    For information on access or services for individuals with

disabilities, or to request accommodation for a disability, please

contact the DFO, preferably at least ten days prior to the meetings to

give EPA as much time as possible to process your request.

    For technical information contact: Susan Sharkey, Chemical Control

Division (7405M), Office of Pollution Prevention and Toxics,

Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,

Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email

address<EMAIL_ADDRESS>     For general information contact: The TSCA-Hotline, ABVI-Goodwill,

422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)

554-1404; email address<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture

(including manufacture as a byproduct chemical substance and including

import) chemical substances listed on the TSCA Inventory. The following

list of North American Industrial Classification System (NAICS) codes

are not intended to be exhaustive, but rather provides a guide to help

readers determine whether this action may apply to them:

    1. Chemical manufacturers and importers (NAICS codes 325 and

324110; e.g., chemical manufacturing and processing and petroleum

refineries).

    2. Chemical users and processors who may manufacture a byproduct

chemical substance (NAICS codes 22, 322, 331, and 3344; e.g.,

utilities, paper manufacturing, primary metal manufacturing, and

semiconductor and other electronic component manufacturing).

    If you have any questions regarding the applicability of this

action to a particular entity, consult the technical person listed

under FOR FURTHER INFORMATION CONTACT.

B. How can i get copies of this document and other related information?

    The docket for this action, identified by docket identification

(ID) number EPA-HQ-OPPT-2016-0597, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics

Docket (OPPT Docket), Environmental Protection Agency Docket Center

(EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301

Constitution Ave. NW., Washington, DC. The Public Reading Room is open

from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal

holidays. The telephone number for the Public Reading Room is (202)

566-1744, and the telephone number for the OPPT Docket is (202) 566-

0280. Please review the visitor instructions and additional information

about the docket available at http://www.epa.gov/dockets.

II. Background

A. What action is the agency taking?

    As required by the Negotiated Rulemaking Act of 1996 (NRA), EPA is

giving notice that the agency is holding two additional meetings of the

Negotiated Rulemaking Committee. The objective of this Committee is to

develop a proposed rule providing for limiting chemical data reporting

requirements, under TSCA section 8(a), for manufacturers of any

inorganic byproduct chemical substances when such byproduct chemical

substances are subsequently recycled, reused, or reprocessed. This

negotiation process, which includes the establishment of a federal

advisory committee, is required by TSCA section 8(a)(6), as amended by

the Frank. R. Lautenberg Chemical Safety for the 21st Century Act

(Lautenberg Act).

    This Committee is a statutory advisory committee under the Federal

Advisory Committee Act, 5 U.S.C. App. 2 Sec.  9(a)(1). In accordance

with Section 9(c) of the Federal Advisory Committee Act, 5 U.S.C. App.

I Sec.  9(c), EPA prepared a charter for the establishment of the

Negotiated Rulemaking Committee. Copies of the Committee's charter have

been filed with the appropriate congressional committees, the Library

of Congress. The first two meetings of the Committee were on June 8 and

9, 2017, and August 16 and 17, 2017 (82 FR 25790) (FRL-9961-92). The

Committee's charter and those meetings' agendas and materials are

available in the docket supporting this activity [EPA-HQ-OPPT-2016-

0597] and available online at https://www.epa.gov/chemical-data-reporting/negotiated-rulemaking-committee-chemical-data-reporting-requirements.

    This notice announces the details of the third and fourth meetings

of the Committee. These meetings have been scheduled for the dates

indicated under DATES, and are open to the public. A notice of any

Committee meeting must be published no later than 15 days before the

date of that meeting. Delay in having these meetings will result in

challenges in meeting the statutory deadline for the negotiated

rulemaking.

III. Participation by Non-Members

A. Attending Meetings

    EPA values public input during this process. The meetings announced

in this notice are open to the public, so interested parties may

observe the meetings and communicate their views in the appropriate

time and manner, as defined in each meeting's agenda. Consistent with

the requirements of FACA, formal meeting materials and summaries will

be available online.

B. Oral Statements

    In general, individuals or groups requesting an oral presentation

at a public meeting will be limited to five minutes. Each person making

an oral statement should consider providing written comments as well as

their oral statement so that the points presented orally can be

expanded upon in writing. Interested parties should submit requests by

email to<EMAIL_ADDRESS>one week prior to the meeting dates, in order

to be placed on the list of public speakers.

C. Written Statements

    Written statements will be accepted throughout the advisory

process; however, for timely consideration, statements should be

supplied by email to<EMAIL_ADDRESS>one week prior to the meeting

dates. Members of the public should be aware that written comments,

including personal contact information, if included, may be posted to

the Committee Web site as well as placed in the EPA docket supporting

this activity. Copyrighted material will not be posted without explicit

permission of the copyright holder. Additionally, EPA will invite

public comment on any proposed rule resulting from the Committee's

deliberations.

IV. Meeting Schedule and Agenda

A. Meeting Schedule

    Committee meetings are one and a half days each, and held in

Washington, DC, unless the Committee decides otherwise. If any

additional meetings are required, the Committee will separately

announce those meetings subsequent to the meetings being announced in

this notice.

B. The Third and Fourth Committee Meetings

    The third Committee meeting will be held on September 13, 2017,

from 9 a.m. to 5 p.m. and on September 14, 2017, from 9 a.m. to 3 p.m.

The fourth Committee meeting will be held on October 25, 2017, from 9

a.m. to 5 p.m. and on October 26, 2017, from 9 a.m. to 3 p.m. Both

meetings are open to the public. Meeting details and agenda information

will be available online at https://www.epa.gov/chemical-data-reporting/negotiated-rulemaking-committee-chemical-data-reporting-requirements, as well as in the EPA docket supporting this activity.

    Authority:  15 U.S.C. 2601 et seq.

    Dated: August 8, 2017,

Wendy Cleland-Hamnett,

Acting Assistant Administrator, Office of Chemical Safety and Pollution

Prevention.

[FR Doc. 2017-17416 Filed 8-17-17; 8:45 am]

 BILLING CODE 6560-50-P


[Federal Register: October 23, 2008 (Volume 73, Number 206)]
[Notices]
[Page 63213]
[DOCID:fr23oc08-106]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 3a-8; SEC File No. 270-516; OMB Control No. 3235-0574.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collections of information summarized below. The Commission plans to
submit the existing collection of information to the Office of
Management and Budget for extension and approval.
    Rule 3a-8 (17 CFR 270.3a-8) of the Investment Company Act of 1940
(15 U.S.C. 80a) (the ``Act''), serves as a nonexclusive safe harbor
from investment company status for certain research and development
companies (``R&D companies'').
    The rule requires that the board of directors of an R&D company
seeking to rely on the safe harbor adopt an appropriate resolution
evidencing that the company is primarily engaged in a non-investment
business and record that resolution contemporaneously in its minute
books or comparable documents.\1\ An R&D company seeking to rely on the
safe harbor must retain these records only as long as such records must
be maintained in accordance with state law.
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    \1\ Rule 3a-8(a)(6) (17 CFR 270.3a-8(6)).
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    Rule 3a-8 contains an additional requirement that is also a
collection of information within the meaning of the PRA. The board of
directors of a company that relies on the safe harbor under rule 3a-8
must adopt a written policy with respect to the company's capital
preservation investments. We expect that the board of directors will
base its decision to adopt the resolution discussed above, in part, on
investment guidelines that the company will follow to ensure its
investment portfolio is in compliance with the rule's requirements.
    The collection of information imposed by rule 3a-8 is voluntary
because the rule is an exemptive safe harbor, and therefore, R&D
companies may choose whether or not to rely on it. The purposes of the
information collection requirements in rule 3a-8 are to ensure that:
(i) The board of directors of an R&D company is involved in determining
whether the company should be considered an investment company and
subject to regulation under the Act, and (ii) adequate records are
available for Commission review, if necessary. Rule 3a-8 would not
require the reporting of any information or the filing of any documents
with the Commission.
    Commission staff estimates that there is no annual recordkeeping
burden associated with the rule's requirements. Nevertheless, the
Commission requests authorization to maintain an inventory of one
burden hour for administrative purposes.
    Commission staff estimates that approximately 500 R&D companies may
rely on rule 3a-8. Given that the board resolutions and investment
guidelines will generally need to be adopted only once (unless relevant
circumstances change),\2\ the Commission believes that all the
companies that rely on rule 3a-8 adopted their board resolutions and
established written investment guidelines in 2003 when the rule was
adopted. We expect that newly formed R&D companies would adopt the
board resolution and investment guidelines simultaneously with their
formation documents in the ordinary course of business.\3\ Therefore,
we estimate that rule 3a-8 will not create additional time burdens.
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    \2\ In the event of changed circumstances, the Commission
believes that the board resolution and investment guidelines will be
amended and recorded in the ordinary course of business and would
not create additional time burdens.
    \3\ In order for these companies to raise sufficient capital to
fund their product development stage, we believe they will need to
present potential investors with investment guidelines. Investors
would want to be assured that the company's funds are invested
consistent with the goals of capital preservation and liquidity.
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    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to Lewis W. Walker, Acting
Director/CIO, Securities and Exchange Commission, C/O Shirley
Martinson, 6432 General Green Way, Alexandria, VA 22312; or send an e-
mail to<EMAIL_ADDRESS>
    Dated: October 16, 2008.
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E8-25238 Filed 10-22-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Notices]
[Page 35016]
[FR Doc No: 2013-13807]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14490-000]

 FFP Project 118, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions to Intervene, and
Competing Applications

    On February 1, 2013, FFP Project 118, LLC filed an application for
a preliminary permit, pursuant to section 4(f) of the Federal Power Act
(FPA), proposing to study the feasibility of a hydropower project
located at the U.S. Army Corps of Engineers' (Corps) Green River Lock &
Dam 1, located on the Green River near the town of Henderson
in Henderson County, Kentucky. The sole purpose of a preliminary
permit, if issued, is to grant the permit holder priority to file a
license application during the permit term. A preliminary permit does
not authorize the permit holder to perform any land-disturbing
activities or otherwise enter upon lands or waters owned by others
without the owners' express permission.
    The proposed project would consist of the following: (1) A 650-
foot-long, 320-foot-wide intake channel with a 150-foot-long retaining
wall; (2) a 400-foot-long crest dam extension connecting the existing
dam to the new powerhouse; (3) a 160-foot-long, 120-foot-wide
powerhouse containing two generating units with a total capacity of 5.6
megawatts; (4) a 220-foot-long, 160-foot-wide tailrace with a 75-foot-
long retaining wall; (5) a 4.16/69 kilo-volt (kV) substation; (6) a
310-foot-long access road to the powerhouse and substation; (7) a 2.0-
mile-long, 69kV transmission line. The proposed project would have an
average annual generation of 27,000 megawatt-hours, and operate as
directed by the Corps.
    Applicant Contact: Ms. Ramya Swaminathan, Free Flow Power
Corporation, 239 Causeway Street, Suite 300, Boston, MA 02114. (978)
283-2822.
    FERC Contact: Christiane Casey<EMAIL_ADDRESS>(202)
502-8577.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and five copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14490) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: June 5, 2013.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-13807 Filed 6-10-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Proposed Rules]
[Pages 64377-64383]
[FR Doc No: 2016-22560]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0812; FRL-9951-36-Region 6]

Approval and Promulgation of Air Quality Implementation Plans;
Oklahoma; Infrastructure for the Lead, Ozone, Nitrogen Dioxide and
Sulfur Dioxide National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Under the Federal Clean Air Act (CAA or Act), the
Environmental Protection Agency (EPA) is proposing to approve State
Implementation Plan (SIP) submissions from the State of Oklahoma
regarding the 2008 Lead (Pb), 2008 Ozone, 2010 Nitrogen Dioxide
(NO2), and 2010 Sulfur Dioxide (SO2) National
Ambient Air Quality Standards (NAAQS or standards). The four submittals
address how the existing SIP provides for implementation, maintenance,
and enforcement of these four NAAQS (infrastructure SIP or i-SIP).
These i-SIPs ensure that the Oklahoma SIP is adequate to meet the
State's responsibilities under the Act, including the CAA requirements
for interstate transport of Pb and NO2 emissions.

DATES: Written comments must be received on or before October 20, 2016.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2012-0812, at http://

www.regulations.gov or via email to<EMAIL_ADDRESS>Follow the
online instructions for submitting comments. Once submitted, comments
cannot be edited or removed from Regulations.gov. EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact Carrie
Paige,<PHONE_NUMBER><EMAIL_ADDRESS>For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The docket index and publicly available docket materials
for this action are available electronically at www.regulations.gov and
in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas. While all documents in the docket are listed in the index, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material), and some may not be publicly available at
either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Carrie Paige,<PHONE_NUMBER>,
<EMAIL_ADDRESS>To inspect the hard copy materials, please
schedule an appointment with her or Bill Deese at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In this document ``we,'' ``us,'' and ``our''
means the EPA.

I. Background

    Pursuant to section 110(a)(1) of the CAA, states are required to
submit SIPs that provide for the implementation, maintenance and
enforcement of a new or revised NAAQS within 3 years following the
promulgation of such new or revised NAAQS. Section 110(a)(2) lists
specific requirements that SIPs must include to adequately address such
new or revised NAAQS, as applicable.\1\
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    \1\ See EPA guidance documents: http://www3.epa.gov/airquality/lead/pdfs/20111014infrastructure.pdf and http://epa.gov/air/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf.
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    On March 27, 2008, following a periodic review of the NAAQS for
ozone, EPA revised the primary and secondary 8-hour NAAQS for ozone:
the level of the primary and secondary standards was revised to 0.075
parts per million (ppm), expressed to three decimal places, based on a
3-year average of the fourth-highest maximum 8-hour average
concentration (see 73 FR 16436).\2\ Likewise, on November 12, 2008, we
revised the primary and secondary NAAQS for Pb to 0.15 micrograms per
cubic meter (see 73 FR 66964). Similarly, on February 9, 2010, EPA
revised the primary NAAQS for NO2 to establish a new 1-hour
standard at a level of 100 parts per billion (ppb), based on the 3-year
average of the 98th percentile of the yearly distribution of 1-hour
daily maximum concentrations, to supplement the existing annual
standard (see 75 FR 6474).\3\ Also, on June 22, 2010, we revised the
primary NAAQS for SO2 to establish a new 1-hour standard at
a level of 75 ppb, based on the 3-year average of the annual 99th
percentile of 1-hour daily maximum concentrations (see 75 FR 35520.) We
refer to each of these NAAQS by the year promulgated, e.g., ``the 2008
ozone standard.'' For more information on these standards, please visit
https://www.epa.gov/criteria-air-pollutants.
---------------------------------------------------------------------------

    \2\ On October 1, 2015, EPA strengthened the primary and
secondary ozone standards to 70 parts per billion (80 FR 65292,
October 26, 2015). The submittals under evaluation in this proposal
do not address such standards. For more information on the 2015
ozone standards, please visit our Web site: https://www.epa.gov/ozone-pollution/2015-national-ambient-air-quality-standards-naaqs-ozone.
    \3\ EPA also established requirements for the NO2
monitoring network that includes monitors at locations where maximum
NO2 concentrations are expected to occur, including
within 50 meters of major roadways, as well as monitors sited to
measure the area-wide NO2 concentrations that occur more
broadly across communities.
---------------------------------------------------------------------------

    Our technical evaluation of the Oklahoma submittals is provided in
the Technical Support Document (TSD), which is in the docket for this
rulemaking.\4\ With the exception of three sub-elements (or ``prongs'')
that pertain to interstate transport and visibility protection, EPA is
proposing to approve the Oklahoma i-SIP submittals for the 2008 Pb and
ozone NAAQS, as well as the 2010 NO2 and SO2
NAAQS as meeting the requirements of an i-SIP. The exceptions are:
Section 110(a)(2)(D)(i)(I), prongs 1 and 2, which address the
contribution to nonattainment and interfere with maintenance of the
2008 ozone and 2010 SO2 NAAQS in other states; and section
110(a)(2)(D)(i)(II)--the prong that specifically addresses visibility
protection for the 2010 SO2 NAAQS. We will take separate
action on these three prongs for the 2008 ozone and 2010 SO2
NAAQS submittals.
---------------------------------------------------------------------------

    \4\ Additional information on: EPA's approach for reviewing i-
SIPs; the details of the SIP submittal and EPA's evaluation; the
effect of recent court decisions on i-SIPs; the statute and
regulatory citations in the Oklahoma SIP specific to this review;
the specific applicable CAA and EPA regulatory citations; Federal
Register citations for Oklahoma SIP approvals; Oklahoma minor New
Source Review program and EPA approval activities; and Oklahoma
Prevention of Significant Deterioration (PSD) program can be found
in the TSD.
---------------------------------------------------------------------------

II. EPA's Evaluation of the Oklahoma i-SIP and Interstate Transport
Submittals

    The State's submittals on October 5, 2012; February 28, 2014; and
January 28, 2015 demonstrate how the existing Oklahoma SIP meets the
infrastructure requirements for the 2008 Pb and ozone NAAQS and the
2010 NO2 and SO2 NAAQS. A summary of our
evaluation of the Oklahoma SIP for each applicable element of CAA
section 110(a)(2)(A)-(M) follows. These SIP submissions became complete
by operation of law on April 5, 2013, August 28, 2014, and July 18,
2015, respectively, pursuant to CAA section 110(k)(1)(B).
    (A) Emission limits and other control measures: CAA section
110(a)(2)(A) requires SIPs to include enforceable emission limits and
other control measures, means or techniques, as well as schedules and
timetables for compliance, as may be necessary or appropriate to meet
the applicable requirements of the Act, and other related matters as
needed to implement, maintain and enforce each of the NAAQS.\5\ The
Oklahoma Clean Air Act (OCAA) provides the Oklahoma Department of
Environmental Quality (ODEQ) with broad legal authority, to establish
and implement air quality programs and enforce regulations it has
promulgated. The ODEQ has authority to adopt emission standards and
compliance schedules applicable to regulated entities; other measures
necessary for attainment and maintenance of the NAAQS; enforce
applicable laws, regulations, standards

and compliance schedules; and seek injunctive relief. The approved SIP
for Oklahoma is documented at 40 CFR part 52.1920, Subpart LL. Most of
the State's air quality rules and standards are codified at Title 252,
Chapter 100 of the Oklahoma Administrative Code (denoted OAC 252:100).
A detailed list of the applicable rules at OAC 252:100 and elsewhere in
the OAC, along with the citations for approval into the SIP, is
provided in Table 1 of the TSD.
---------------------------------------------------------------------------

    \5\ The specific nonattainment area plan requirements of section
110(a)(2)(I) are subject to the timing requirements of section 172,
not the timing requirement of section 110(a)(1). Thus, section
110(a)(2)(A) does not require that states submit regulations or
emissions limits specifically for attaining the NAAQS. Those SIP
provisions are due as part of each state's attainment plan, and will
be addressed separately from the requirements of section
110(a)(2)(A). In the context of an i-SIP, we are not evaluating the
existing SIP provisions for this purpose. Instead, EPA is only
evaluating whether the Oklahoma SIP has basic structural provisions
for the implementation of the NAAQS.
---------------------------------------------------------------------------

    (B) Ambient air quality monitoring/data system: CAA section
110(a)(2)(B) requires SIPs to provide for establishment and
implementation of ambient air quality monitors, collection and analysis
of monitoring data, and providing such data to EPA upon request. The
OCAA provides the authority allowing the ODEQ to collect air monitoring
data, quality-assure the results, and report the data. The ODEQ
maintains and operates a monitoring network to measure ambient levels
of the pollutants in accordance with EPA regulations which specify
siting and monitoring requirements. All monitoring data is measured
using EPA approved methods and subject to EPA quality assurance
requirements. The ODEQ submits all required data to EPA, following EPA
regulations. The monitoring network was approved into the SIP and
undergoes annual review by EPA.\6\ In addition, 40 CFR 58.10(d)
requires that state assess their monitoring network every five years.
The ODEQ submitted their 5-year monitoring network assessments to us on
April 11, 2016. Our comments on the 5-year assessment, dated July 22,
2016, are in the docket for this rulemaking.\7\ The ODEQ Web site
identifies Oklahoma's ambient monitor locations, and provides past and
current concentrations of criteria pollutants measured by the State's
monitors.\8\
---------------------------------------------------------------------------

    \6\ A copy of the 2016 Annual Air Monitoring Network Plan and
EPA's approval letter are included in the docket for this proposed
rulemaking.
    \7\ A copy of the ODEQ's 5-year monitoring network assessment
and EPA's evaluation are included in the docket for this proposed
rulemaking.
    \8\ see http://www.ODEQ.Oklahoma.gov/airquality/monops/sites/mon_sites.html and http://www17.ODEQ.Oklahoma.gov/tamis/index.cfm?fuseaction=home.welcome.
---------------------------------------------------------------------------

    (C) Program for enforcement: CAA section 110(a)(2)(C) requires SIPs
to include the following three elements: (1) A program providing for
enforcement of the measures in paragraph A above; (2) a program for the
regulation of the modification and construction of stationary sources
as necessary to protect the applicable NAAQS (i.e., state-wide
permitting of minor sources); and (3) a permit program to meet the
major source permitting requirements of the CAA (for areas designated
as attainment or unclassifiable for the NAAQS in question).\9\
---------------------------------------------------------------------------

    \9\ See TSD, beginning on page 6.
---------------------------------------------------------------------------

    (1) Enforcement of SIP Measures. As noted earlier in section
110(a)(2)(A), the ODEQ and its Executive Director have the authority to
enforce the requirements of the OCAA and any regulations, permits, or
final compliance orders. This statute also provides the ODEQ and its
Executive Director with general enforcement powers. Among other things,
they can investigate regulated entities; issue field citations and
compliance orders; file lawsuits to compel compliance with the statutes
and regulations; commence civil actions; pursue criminal prosecutions;
collect criminal and civil penalties; enter into remediation
agreements; and issue emergency orders to cease operations. The OCAA
also provides additional enforcement authorities and funding
mechanisms.
    (2) Minor New Source Review (NSR). The CAA requires the SIP to
include measures to regulate construction and modification of
stationary sources to protect the NAAQS. The Oklahoma minor NSR
permitting requirements have been approved in the SIP.\10\
---------------------------------------------------------------------------

    \10\ EPA is not proposing to approve or disapprove the existing
Oklahoma minor NSR program to the extent that it may be inconsistent
with EPA's regulations governing this program. EPA has maintained
that the CAA does not require that new infrastructure SIP
submissions correct any defects in existing EPA-approved provisions
of minor NSR programs in order for EPA to approve the infrastructure
SIP for element C (e.g., 76 FR 41076-41079). EPA believes that a
number of states may have minor NSR provisions that are contrary to
the existing EPA regulations for this program. The statutory
requirements of section 110(a)(2)(C) provide for considerable
flexibility in designing minor NSR programs. Citations for the
Oklahoma NSR program are provided in our TSD for this action.
---------------------------------------------------------------------------

    (3) Prevention of Significant Deterioration (PSD) permit program.
Oklahoma's PSD program covers all NSR regulated pollutants, as well as
the NAAQS subject to our review contained herein, and has been approved
by EPA into the SIP.\11\
---------------------------------------------------------------------------

    \11\ See 79 FR 66626, November 10, 2014 and the TSD for further
discussion.
---------------------------------------------------------------------------

    (D)(i) Interstate Pollution Transport: There are four requirements
the SIP must include relating to interstate transport. The SIP must
prohibit emissions within Oklahoma from contributing significantly to
the nonattainment of the NAAQS in other states, and from interfering
with the maintenance of the NAAQS in other states (section
110(a)(2)(D)(i)(I)). The SIP must also prohibit emissions within
Oklahoma both from interfering with measures required to prevent
significant deterioration in other states and from interfering with
measures required to protect visibility in other states (section
110(a)(2)(D)(i)(II)).
    Lead: We propose to approve the portion of the submittal that
addresses the requirement that emissions within Oklahoma are prohibited
from contributing to nonattainment of the Pb NAAQS in other states, and
from interfering with maintenance of the Pb NAAQS in other states. The
physical properties of Pb, which is a basic metal element and very
dense, prevent Pb emissions from experiencing a significant degree of
travel in the ambient air. No complex chemistry is needed to form Pb or
Pb compounds in the ambient air, thus, ambient concentrations of Pb are
typically highest near Pb sources. There are no areas within the State
of Oklahoma designated as nonattainment with respect to the 2008 lead
NAAQS. The ODEQ 2016 ambient monitoring plan provided information on
lead sources: there are two significant sources of Pb emissions within
the state that emit Pb in amounts equal to or exceeding 0.5 tons per
year and no sources within two miles of a neighboring state line.\12\
---------------------------------------------------------------------------

    \12\ Both sources are located in the Tulsa area; see the FY2016
Oklahoma annual network monitoring plan in the docket for this
rulemaking.
---------------------------------------------------------------------------

    We are also proposing to approve the portion pertaining to the
prevention of significant deterioration in other states for lead, as
Oklahoma has an approved PSD program. The program regulates all NSR
pollutants, (including greenhouse gas or GHG), which prevents
significant deterioration in nearby States. In addition, as described
earlier in this section, significant impacts from Pb emissions from
stationary sources are limited to short distances from such sources, so
visibility is not effected by lead emissions. Thus, we propose to
approve the portion of the Oklahoma SIP related to the protection of
visibility in other states for the Pb NAAQS.
    Nitrogen Dioxide: We propose to approve the portion of the
submittal which addresses the prevention of emissions which
significantly contribute to the nonattainment of the NO2
NAAQS in other states and interfere with the maintenance of the
NO2 NAAQS in other states. On February 17, 2012, EPA
designated the entire country as ``unclassifiable/attainment'' for the
2010 NO2 NAAQS.\13\ As listed in our NO2 Design
Values report, only one maintenance area exists for the prior annual
NO2 NAAQS (Los

Angeles, California).\14\ With no nonattainment or maintenance areas in
surrounding states, Oklahoma does not significantly contribute to
nonattainment or maintenance of these NAAQS in any of the contiguous
states. Furthermore, during the three most recent design value periods
(2011 through 2013, 2012 through 2014, and 2013 through 2015) we found
no monitors violating the 2010 NO2 NAAQS in the US.
---------------------------------------------------------------------------

    \13\ 77 FR 9532, February 17, 2012.
    \14\ See https://www.epa.gov/air-trends/air-quality-design-values#Design Value Reports and the docket for this rulemaking.
---------------------------------------------------------------------------

    We are also proposing to approve the portion of the submittal
related to the prevention of significant deterioration in other states,
as Oklahoma has an approved PSD program. The program regulates all NSR
pollutants, including GHG, which prevents significant deterioration in
nearby states. In addition, on December 28, 2011 we finalized a FIP
that in combination with the controls required by the portion of the
Oklahoma Regional Haze (RH) submittal approved in the same rulemaking,
would serve to prevent sources in Oklahoma from emitting pollutants in
amounts that would interfere with efforts to protect visibility in
other states (see 76 FR 81728). On March 7, 2014, we withdrew the FIP
and finalized our approval of the revised Oklahoma RH plan and
interstate transport affecting visibility. Thus, the Oklahoma SIP
includes provisions that satisfy the CAA interstate pollution abatement
requirements of section 110(a)(2)(D)(i)(II) for the 2010 NO2
NAAQS.
    Ozone: At this time we are not taking action on the infrastructure
submittal regarding the prevention of emissions which significantly
contribute to nonattainment of the ozone NAAQS in other states, and
interference with the maintenance of the ozone NAAQS in other states.
We plan to act on this sub-element in a separate action.
    We are proposing to approve the portion of the submittal addressing
the prevention of significant deterioration in other states, as
Oklahoma has an approved PSD program. The program regulates all NSR
pollutants (including GHG), which prevents significant deterioration in
nearby states. In addition and as discussed earlier in this rulemaking,
on March 7, 2014, we finalized our determination that Oklahoma's
Regional Haze Implementation Plan Revision meets the CAA provisions
concerning non-interference with programs to protect visibility in
other states, consistent with section 110(a)(2)(D)(i)(II) of the CAA
(see 79 FR 12944). Thus, the Oklahoma SIP includes provisions that
satisfy the CAA interstate pollution abatement requirements of section
110(a)(2)(D)(i)(II) for the 2008 ozone NAAQS.
    Sulfur Dioxide: At this time we are not taking action on the
infrastructure submittal regarding the prevention of emissions which
significantly contribute to nonattainment of the SO2 NAAQS
in other states, and interference with the maintenance of the
SO2 NAAQS in other states (prongs 1 and 2). We are also not
taking action on the portion of the submittal addressing visibility
protection (prong 4). We plan to act on these three sub-elements in a
separate action.
    We are proposing to approve only the sub-element addressing the
prevention of significant deterioration in other states, as Oklahoma
has an approved PSD program. The program regulates all NSR pollutants
(including GHG), which prevents significant deterioration in nearby
states.
    (D)(ii)Interstate Pollution Abatement and International Air
Pollution: Pursuant to section 110(a)(2)(D)(ii)), states must comply
with the requirements listed in sections 115 and 126 of the CAA which
were designed to aid in the abatement of interstate and international
pollution. Section 126(a) requires new or modified sources to notify
neighboring states of potential impacts from the source. Oklahoma's PSD
program contains the element pertaining to notification of neighboring
states of the issuance of PSD permits. Section 115 relates to
international pollution abatement. There are no findings by EPA that
air emissions originating in Oklahoma affect other countries. Thus, the
Oklahoma SIP satisfies the requirements of section 110(a)(2)(D)(ii) for
the four NAAQS discussed herein.
    (E) Adequate authority, resources, implementation, and oversight:
The SIP must provide for the following: (1) Necessary assurances that
the state (and other entities within the state responsible for
implementing the SIP) will have adequate personnel, funding, and
authority under state or local law to implement the SIP, and that there
are no legal impediments to such implementation; (2) compliance with
requirements relating to state boards as explained in section 128 of
the CAA; and (3) necessary assurances that the state has responsibility
for ensuring adequate implementation of any plan provision for which it
relies on local governments or other entities to carry out that portion
of the plan.
    Sections 110(a)(2)(A) and (C), discussed earlier in this
rulemaking, also require that the state have adequate authority to
implement and enforce the SIP without legal impediments. The State's
submittals describe the Oklahoma statutes and SIP regulations governing
the various functions of personnel within the ODEQ, including the
administrative, technical support, planning, enforcement, and
permitting functions of the program. See the TSD for further detail.
    With respect to funding, the OCAA and the SIP provide the ODEQ with
authority to hire and compensate employees; accept and administer
grants or other funds; require the ODEQ to establish an emissions fee
schedule for sources in order to fund the reasonable costs of
administering various air pollution control programs; and authorizes
the ODEQ to collect additional fees necessary to cover reasonable costs
associated with processing air permit applications. The EPA conducts
periodic program reviews to ensure that the state has adequate
resources and funding to, among other things, implement and enforce the
SIP.
    As required by the CAA, the Oklahoma statutes and the SIP stipulate
that any board or body that approves permits or enforcement orders must
have at least a majority of members who represent the public interest
and do not derive any ``significant portion'' of their income from
persons subject to permits and enforcement orders; and the members of
the board or body, or the head of an agency with similar powers, are
required to adequately disclose any potential conflicts of interest.
    Oklahoma has not delegated authority to implement any of the
provisions of its plan to local governmental entities--the ODEQ acts as
the primary air pollution control agency.
    (F) Stationary source monitoring system: The SIP must provide for
the establishment of a system to monitor emissions from stationary
sources and to submit periodic emission reports. It must require the
installation, maintenance, and replacement of equipment, and the
implementation of other necessary steps, by owners or operators of
stationary sources, to monitor emissions from sources. The SIP shall
also require periodic reports on the nature and amounts of emissions
and emissions-related data from sources, and require that the state
correlate the source reports with emission limitations or standards
established under the CAA. These reports must be made available for
public inspection at reasonable times.

    The OCAA and SIP require stationary sources to monitor or test
emissions and to file reports containing information relating to the
nature and amount of emissions. There also are SIP-approved State
regulations pertaining to sampling and testing and requirements for
reporting of emissions inventories. In addition, SIP-approved rules
establish general requirements for maintaining records and reporting
emissions.\15\ The ODEQ uses this information, in addition to
information obtained from other sources, to track progress towards
maintaining the NAAQS, developing control and maintenance strategies,
identifying sources and general emission levels, and determining
compliance with SIP-approved regulations and additional EPA
requirements. The SIP requires this information be made available to
the public. Provisions concerning the handling of confidential data and
proprietary business information are included in the SIP-approved
regulations. These rules specifically exclude from confidential
treatment any records concerning the nature and amount of emissions
reported by sources.
---------------------------------------------------------------------------

    \15\ A list of such rules and SIP approval dates are provided in
Table 4 of the TSD.
---------------------------------------------------------------------------

    (G) Emergency authority: The SIP must provide the ODEQ with
authority to restrain any source from causing imminent and substantial
endangerment to public health or welfare or the environment. The SIP
must include an adequate contingency plan to implement the ODEQ's
emergency authority.
    The OCAA provides the ODEQ with authority to address environmental
emergencies. The ODEQ has an ``Emergency Episode Plan,'' which includes
contingency measures and these provisions are in the SIP (see 56 FR
5656, February 12, 1991). The ODEQ has general emergency powers to
address any possible dangerous air pollution episode if necessary to
protect the environment and public health.
    (H) Future SIP revisions: States must have the authority to revise
their SIPs in response to changes in the NAAQS, availability of
improved methods for attaining the NAAQS, or in response to an EPA
finding that the SIP is substantially inadequate to attain the NAAQS.
The OCAA authorizes the ODEQ to revise the Oklahoma SIP as necessary,
to account for revisions to an existing NAAQS, establishment of a new
NAAQS, to attain and maintain a NAAQS, to abate air pollution, to adopt
more effective methods of attaining a NAAQS, and to respond to EPA SIP
calls concerning NAAQS adoption or implementation.
    (I) Nonattainment areas: Section 110(a)(2)(I) of the Act requires
that in the case of a plan or plan revision for areas designated as
nonattainment, states must meet applicable requirements of part D of
the CAA, relating to SIP requirements for designated nonattainment
areas. There are no areas designated as nonattainment in Oklahoma. In
addition, as noted earlier, EPA believes that nonattainment area
requirements should be treated separately from the infrastructure SIP
requirements. The specific SIP submissions for designated nonattainment
areas, as required under CAA title I, part D, are subject to different
submission schedules than those for section 110 infrastructure
elements. Instead, EPA will take action on any part D attainment plan
SIP submissions through a separate rulemaking process governed by the
requirements for nonattainment areas, as described in part D.
    (J) Consultation with government officials, public notification,
PSD and visibility protection: The SIP must meet the following three
CAA requirements: (1) Section 121, relating to interagency
consultation; (2) section 127 relating to public notification of NAAQS
exceedances and related issues; and, (3) prevention of significant
deterioration of air quality and visibility protection.
    (1) Interagency consultation: As required by the OCAA and the
Oklahoma SIP, there must be a public hearing before the adoption of any
regulations or emission control requirements, and all interested
persons must be given a reasonable opportunity to review the action
that is being proposed and to submit data or arguments, and to examine
the testimony of witnesses from the hearing. In addition, the OCAA
provides the ODEQ the power and duty to advise, consult and cooperate
with other agencies of the State, towns, cities, counties, industries,
other states, and the federal government regarding the prevention and
control of new and existing air contamination sources in the State.
Furthermore, the Oklahoma PSD SIP rules mandate that the ODEQ shall
provide for public participation and notification regarding permitting
applications to any other state or local air pollution control
agencies, local government officials of the city or county where the
source will be located, tribal authorities, and Federal Land Managers
(FLMs) whose lands may be affected by emissions from the source or
modification. Additionally, the State's PSD SIP rules require the ODEQ
to consult with FLMs regarding permit applications for sources with the
potential to impact Class I Federal Areas. The SIP also includes a
commitment to consult continually with the FLMs on the review and
implementation of the visibility program, and the State recognizes the
expertise of the FLMs in monitoring and new source review applicability
analyses for visibility and has agreed to notify the FLMs of any
advance notification or early consultation with a major new or
modifying source prior to the submission of a permit application.
    (2) Public Notification: The ODEQ regularly notifies the public of
instances or areas in which any NAAQS are exceeded. Included in the SIP
are the rules for ODEQ to advise the public of the health hazard
associated with such exceedances, enhance public awareness of measures
that can prevent such exceedances, and inform the public on how it can
participate in regulatory and other efforts to improve air quality. In
addition, as described in the discussion of section 110(a)(2)(B)
earlier in this rulemaking, the ODEQ air monitoring Web site provides
quality data for each of the monitoring stations in Oklahoma; this data
is provided instantaneously for certain pollutants, such as ozone. The
Web site also provides information on the health effects of all six
criteria pollutants.
    (3) PSD and Visibility Protection: The PSD requirements for this
element are the same as those addressed under 110(a)(2)(C) earlier in
this rulemaking--the State has a SIP-approved PSD program, so this
requirement has been met. The Oklahoma SIP requirements relating to
visibility and regional haze are not affected when EPA establishes or
revises a NAAQS. Therefore, EPA believes that there are no new
visibility protection requirements due to the revision of the Pb and
ozone NAAQS in 2008, and the NO2 and SO2 NAAQS in
2010, and consequently there are no newly applicable visibility
protection obligations here.
    (K) Air quality and modeling/data: The SIP must provide for
performing air quality modeling, as prescribed by EPA, to predict the
effects on ambient air quality of any emissions of any NAAQS pollutant,
and for submission of such data to EPA upon request.
    The ODEQ has the authority and duty under the OCAA to conduct air
quality research and assessments, including the causes, effects,
prevention, control and abatement of air pollution. Past modeling and
emissions reductions measures have been submitted by the State and
approved into the SIP. Additionally, the ODEQ has the ability

to perform modeling for the NAAQS on a case-by-case permit basis
consistent with their SIP-approved PSD rules and EPA guidance.
Furthermore, the OCAA empowers the ODEQ to cooperate with the federal
government and others concerning matters of common interest in the
field of air quality control, thereby allowing the agency to make such
submissions to the EPA.
    (L) Permitting Fees: The SIP must require each major stationary
source to pay permitting fees to the permitting authority as a
condition of any permit required under the CAA. The fees cover the cost
of reviewing and acting upon any application for such a permit, and, if
the permit is issued, the costs of implementing and enforcing the terms
of the permit. The fee requirement applies until such a time when a fee
program is established by the state pursuant to Title V of the CAA, and
is submitted to and is approved by EPA. The State has met this
requirement as it has a fully developed fee system in place and
approved in the SIP. See also the discussion of section 110(a)(2)(E)
earlier in this rulemaking action.
    (M) Consultation/participation by affected local entities: The SIP
must provide for consultation and participation by local political
subdivisions affected by the SIP.
    See the discussion of section 110(a)(2)(J)(1) and (2) earlier in
this rulemaking for a description of the SIP's public participation
process, the authority to advise and consult, and the PSD SIP public
participation requirements. Additionally, the OCAA requires cooperative
action between itself and other agencies of the State, towns, cities,
counties, industry, other states, affected groups, and the federal
government in the prevention and control of air pollution.

III. Proposed Action

    EPA is proposing to approve in part the October 5, 2012,
February 28, 2014 and January 28, 2015, infrastructure SIP submissions
from Oklahoma, which address the requirements of CAA sections 110(a)(1)
and (2) as applicable to the 2008 Pb, 2008 ozone, 2010 NO2,
and 2010 SO2 NAAQS. Table 1 outlines the specific actions we
are proposing to take.

 Table 1--Proposed Action on Oklahoma Infrastructure SIP Submittals for
                              Various NAAQS
------------------------------------------------------------------------
                                  2008
      110(a)(2) Element          ozone     2008 Pb    2010 NO2  2010 SO2
------------------------------------------------------------------------
(A): Emission limits and       PR         PR         PR         PR
 other control measures.
(B): Ambient air quality       PR         PR         PR         PR
 monitoring and data system.
(C)(i): Enforcement of SIP     PR         PR         PR         PR
 measures.
(C)(ii): PSD program for       PR         PR         PR         PR
 major sources and major
 modifications.
(C)(iii): Permitting program   PR         PR         PR         PR
 for minor sources and minor
 modifications.
(D)(i)(I): Contribute to       SA         PR         PR         SA
 nonattainment/interfere with
 maintenance of NAAQS
 (requirements 1 and 2).
(D)(i)(II): PSD (requirement   PR         PR         PR         PR
 3).
(D)(i)(II): Visibility         PR         PR         PR         SA
 Protection (requirement 4).
(D)(ii): Interstate and        PR         PR         PR         PR
 International Pollution
 Abatement.
(E)(i): Adequate resources...  PR         PR         PR         PR
(E)(ii): State boards........  PR         PR         PR         PR
(E)(iii): Necessary            PR         PR         PR         PR
 assurances with respect to
 local agencies.
(F): Stationary source         PR         PR         PR         PR
 monitoring system.
(G): Emergency power.........  PR         PR         PR         PR
(H): Future SIP revisions....  PR         PR         PR         PR
(I): Nonattainment area plan   NG         NG         NG         NG
 or plan revisions under part
 D.
(J)(i): Consultation with      PR         PR         PR         PR
 government officials.
(J)(ii): Public notification.  PR         PR         PR         PR
(J)(iii): PSD................  PR         PR         PR         PR
(J)(iv): Visibility            PR         PR         PR         PR
 protection.
(K): Air quality modeling and  PR         PR         PR         PR
 data.
(L): Permitting fees.........  PR         PR         PR         PR
(M): Consultation and          PR         PR         PR         PR
 participation by affected
 local entities.
------------------------------------------------------------------------
Key to Table 1:
NG--Element is not germane to infrastructure SIPs.
PR--Proposing to approve in this action.
SA--Acting on this infrastructure requirement in a separate rulemaking.

    Based upon review of these infrastructure SIP submissions and
relevant statutory and regulatory authorities and provisions referenced
in these submissions or referenced in the Oklahoma SIP, we believe
Oklahoma has the infrastructure in place to address all applicable
required elements of sections 110(a)(1) and (2) (except as noted in
Table 1) to ensure that the 2008 Pb, 2008 Ozone, 2010 NO2,
and 2010 SO2 NAAQS are implemented in the State.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely

affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the proposed
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Interstate transport of
pollution, Lead, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Sulfur oxides.

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

    Dated: September 13, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016-22560 Filed 9-19-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Notices]
[Pages 24261-24262]
[FR Doc No: 2015-10024]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-N-0001]

Risk Communications Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Risk Communications Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on June 8, 2015, from 9
a.m. to 5 p.m. and June 9, 2015, from 9 a.m. to 12 p.m.
    Location: FDA White Oak Campus, 10903 New Hampshire Ave., Bldg. 31
Conference Center, the Great Room (Rm. 1503) Silver Spring, MD 20993-
0002. Answers to commonly asked questions including information
regarding special accommodations due to a disability, visitor parking,
and transportation may be accessed at: http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    Contact Person: Luis G. Bravo, Office of Planning, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 3367, 240-402-
5274, FAX:<PHONE_NUMBER><EMAIL_ADDRESS>or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area). A notice in the Federal Register about last minute modifications
that impact a previously announced advisory committee meeting cannot
always be published quickly enough to provide timely notice. Therefore,
you should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees.htm and scroll down to the appropriate advisory
committee meeting link, or call the advisory committee information line
to learn about possible modifications before coming to the meeting.
    If you are unable to join us in person, we encourage you to watch
the free Webcast. Visit the Risk Communication Advisory Committee Web
site at http://www.fda.gov/AdvisoryCommittees/RiskCommunicationAdvisoryCommittee.htm. The link will become active
shortly before the open session begins at 9 a.m.
    Agenda: On June 8 and 9, 2015, the Committee will discuss
approaches to communicating information about fetal effects in product
labeling for methadone or buprenorphine maintenance therapy for opioid
addiction, and about the maternal benefits and risks of treatment, to
best enable patients and health care providers to make informed
decisions about the use of these drugs during pregnancy.
    FDA intends to make background material available to the public no
later

than 2 business days before the meeting. If FDA is unable to post the
background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/RiskCommunicationAdvisoryCommittee.htm. Scroll down to the appropriate
advisory committee meeting link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before June
1, 2015. Oral presentations from the public will be scheduled between
approximately 2 p.m. and 3:30 p.m. on June 8, 2015. Those individuals
interested in making formal oral presentations should notify the
contact person and submit a brief statement of the general nature of
the evidence or arguments they wish to present, the names and addresses
of proposed participants, and an indication of the approximate time
requested to make their presentation on or before May 22, 2015. Time
allotted for each presentation may be limited. If the number of
registrants requesting to speak is greater than can be reasonably
accommodated during the scheduled open public hearing session, FDA may
conduct a lottery to determine the speakers for the scheduled open
public hearing session. The contact person will notify interested
persons regarding their request to speak by May 26, 2015. Interested
persons can also log on to http://www.fda.gov/AdvisoryCommittees/RiskCommunicationAdvisoryCommittee.htm to see and hear the proceedings.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Luis G. Bravo at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees.htm for procedures on public
conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: April 24, 2015.
Peter Lurie,
Associate Commissioner for Public Health Strategy and Analysis.
[FR Doc. 2015-10024 Filed 4-29-15; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)]
[Rules and Regulations]
[Pages 19871-19873]
[FR Doc No: 2015-07800]

========================================================================
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.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0621; Directorate Identifier 2013-NM-201-AD;
Amendment 39-18133; AD 2015-07-05]
RIN 2120-AA64

Airworthiness Directives; BAE Systems (Operations) Limited
Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all BAE
Systems (Operations) Limited Model BAe 146 series airplanes, and Model
Avro 146-RJ series airplanes. This AD was prompted by a report of a
pressurization problem on an airplane during climb-out; a subsequent
investigation showed a crack in the fuselage skin. This AD requires
require repetitive external eddy current inspections on the aft skin
lap joints of the rear fuselage for cracking, corrosion, and other
defects, and repair if necessary. We are issuing this AD to detect and
correct cracking, corrosion, and other defects, which could affect the
structural integrity of the airplane.

DATES: This AD becomes effective May 19, 2015.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of May 19, 2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0621; or in person at the
Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
    For service information identified in this AD, contact BAE Systems
(Operations) Limited, Customer Information Department, Prestwick
International Airport, Ayrshire, KA9 2RW, Scotland, United Kingdom;
telephone +44 1292 675207; fax +44 1292 675704; email
<EMAIL_ADDRESS>Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may view this referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available on
the Internet at http://regulations.gov by searching for and locating
Docket No. FAA-2014-0621.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, 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 by adding an AD that would apply to all BAE Systems
(Operations) Limited Model BAe 146 series airplanes, and Model Avro
146-RJ series airplanes. The NPRM published in the Federal Register on
September 3, 2014 (79 FR 52260).
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2013-0207, dated September 9, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all BAE Systems
(Operations) Limited Model BAe 146 series airplanes, and Model Avro
146-RJ series airplanes. The MCAI states:

    In 2012, a pressurisation problem occurred on an AVRO 146-RJ100
aeroplane during climb-out. Subsequent investigation results
identified a 42.87 inch (1089 mm) long crack in the fuselage skin in
the rear fuselage drum, near the rear passenger door. The skin crack
had initiated in the step of the skin land adjacent to a lap joint.
In addition to the skin crack, cracks were found in Frames 41X and
42.
    This condition, if not detected and corrected, could lead to
degradation of the structural integrity of the aeroplane.
    Prompted by this finding, BAE Systems (Operations) Ltd issued
Inspection Service Bulletin (ISB) 53-239, providing instructions to
inspect the internal area of the rear fuselage drum for cracks,
corrosion and any other defects and EASA issued AD 2012-0178 [http://ad.easa.europa.eu/blob/easa_ad_2012_0178_Superseded.pdf/AD_2012-0178_1] which required accomplishment of a one-time inspection of
the affected fuselage area and, depending on findings, repair of
cracked structural items.
    Following the issuance of that [EASA] AD, some new information
on additional damage found on the aeroplane that had the
pressurisation problem resulted in a further review of the cracking
event. This review concluded that the event was more serious than
previously considered and that the compliance time must be reduced
in order to mitigate the risk of cracking on other aeroplanes. As a
result, EASA issued AD 2012-0184 [http://ad.easa.europa.eu/blob/easa_ad_2012_0184_superseded.pdf/AD_2012-0184_1] which superseded
EASA AD 2012-0178.
    After analysing the responses to EASA AD 2012-0184, which
covered the initial inspection of stringer 30, left hand (LH) and
right hand (RH), BAE Systems (Operations) Ltd also assessed the
similar design features at other skin lands in the rear fuselage
drum, namely at stringer 2 right and stringers 11 and 18, LH and RH.
As a result, they determined that inspections at the other stringers
would be required and also that repeat inspections of all these
stringers would be necessary. Consequently, BAE Systems (Operations)
Ltd ISB.53-239 Revision 1 and 2 were issued to include these new
inspections.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2012-0184, which is superseded, and requires
accomplishment of additional inspections of the affected fuselage
area, including repetitive inspections, and depending on findings,
repair of cracked structural items.

    The required actions include repetitive external eddy current
inspections on the aft skin lap joints of the rear fuselage for
cracking, corrosion, and other defects, and repair if necessary. You
may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0621-0002.

Actions Since Issuance of NPRM (79 FR 52260, September 3, 2014)

    Since we issued the NPRM (79 FR 52260, September 3, 2014), we have
received BAE Systems (Operations) Limited Inspection Service Bulletin
53-239, Revision 3, dated May 7, 2014. The new service information
includes minor editorial changes.
    We have revised paragraph (g)(1) of this AD to refer to BAE Systems
(Operations) Limited Inspection Service Bulletin 53-239, Revision 3,
dated May 7, 2014. We have also revised paragraph (i) of this AD to
provide credit for BAE Systems (Operations) Limited Inspection Service
Bulletin 53-239, Revision 2, dated July 15, 2013.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (79 FR 52260, September 3,
2014) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed, except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (79 FR 52260, September 3, 2014) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 52260, September 3, 2014).

Related Service Information Under 1 CFR Part 51

    BAE Systems (Operations) Limited has issued Inspection Service
Bulletin 53-239, Revision 3, dated May 7, 2014. The service information
describes an external eddy current inspection on the aft skin lap
joints of the rear fuselage for cracking, corrosion, and other defects,
and repair. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI. This
service information is reasonably available; see ADDRESSES for ways to
access this service information.

Costs of Compliance

    We estimate that this AD affects 1 airplane of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
            Action                        Labor cost              Parts cost              Cost per product                  Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection....................  8 work-hours x $85 per hour =              $0   $680 per inspection cycle..........  $680 per inspection cycle.
                                 $680 per inspection cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in 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 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0621; or in person at the
Docket Management Facility between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this AD, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

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 airworthiness
directive (AD):

2015-07-05 BAE Systems (Operations) Limited: Amendment 39-18133.
Docket No. FAA-2014-0621; Directorate Identifier 2013-NM-201-AD.

(a) Effective Date

    This AD becomes effective May 19, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all BAE Systems (Operations) Limited Model
BAe 146-100A, -200A, and -300A airplanes; and Model Avro 146-RJ70A,
146-RJ85A, and 146-

RJ100A airplanes; certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a report of a pressurization problem on
an airplane during climb-out; a subsequent investigation showed a
crack in the fuselage skin. We are issuing this AD to detect and
correct cracking, corrosion, and other defects, which could affect
the structural integrity of the airplane.

(f) Compliance

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

(g) Repetitive Inspections

    (1) Within the compliance times specified in paragraphs
(g)(1)(i) and (g)(1)(ii) of this AD, as applicable: Do an external
eddy current inspection on the aft skin lap joints of the rear
fuselage for cracking, corrosion, and other defects (i.e., surface
damage and spot displacement), in accordance with paragraph 2.C. of
the Accomplishment Instructions of BAE Systems (Operations) Limited
Inspection Service Bulletin 53-239, including Appendix 2, Revision
3, dated May 7, 2014.
    (i) For any airplane which has accumulated 9,000 flight cycles
or more since the airplane's first flight as of the effective date
of this AD: Do the inspection within 1,000 flight cycles or 6 months
after of the effective date of this AD, whichever occurs first.
    (ii) For any airplane which has accumulated less than 9,000
flight cycles since the airplane's first flight as the effective
date of this AD: Do the inspection before accumulating 10,000 flight
cycles since the airplane's first flight.
    (2) Repeat the inspection required by paragraph (g)(1) of this
AD thereafter at intervals not to exceed the times specified in
paragraphs (g)(2)(i) and (g)(2)(ii) of this AD, as applicable to the
airplane's modification status.
    (i) For Model BAe 146 series airplanes and Model Avro 146-RJ
series airplanes post modification HCM50070E, or post modification
HCM50070F, or post modification HCM50259A, repeat the inspection at
intervals not to exceed 4,000 flight cycles.
    (ii) For Model BAe 146 series airplanes and Model Avro 146-RJ
series airplanes pre-modification HCM50070E, and pre-modification
HCM50070F, and pre-modification HCM50259A, repeat the inspection at
intervals not to exceed 7,500 flight cycles.

(h) Corrective Action

    If any cracking, corrosion, or other defect is found during any
inspection required by this AD: Before further flight, repair using
a method approved by the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA; or the European Aviation Safety
Agency (EASA); or BAE Systems (Operations) Limited's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature. Accomplishment of the
repair does not constitute a terminating action for the inspections
required by paragraph (g) of this AD.

(i) Credit for Previous Actions

    (1) This paragraph provides credit for the initial inspection
and corrective action on stringer 30, left hand (LH) and right hand
(RH), as required by paragraph (g) of this AD, if those actions were
performed before the effective date of this AD using BAE Systems
(Operations) Limited Inspection Service Bulletin 53-239, dated June
13, 2012, which is not incorporated by reference in this AD.
    (2) This paragraph provides credit for the initial inspection
and corrective action, as required by paragraph (g) of this AD, if
those actions were performed before the effective date of this AD
using BAE Systems (Operations) Limited Inspection Service Bulletin
53-239, Revision 1, dated June 18, 2013, which is not incorporated
by reference in this AD.
    (3) This paragraph provides credit for the initial inspection
and corrective action, as required by paragraph (g) of this AD, if
those actions were performed before the effective date of this AD
using BAE Systems (Operations) Limited Inspection Service Bulletin
53-239, Revision 2, dated July 15, 2013, which is 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: Todd
Thompson, 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) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or
BAE Systems (Operations) Limited's EASA DOA. If approved by the DOA,
the approval must include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2013-0207, dated September 9,
2013, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0621-0002.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (l)(3) and (l)(4) of this AD.

(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 this AD specifies otherwise.
    (i) BAE Systems (Operations) Limited Inspection Service Bulletin
53-239, including Appendix 2, Revision 3, dated May 7, 2014.
    (ii) Reserved.
    (3) For service information identified in this AD, contact BAE
Systems (Operations) Limited, Customer Information Department,
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United
Kingdom; telephone +44 1292 675207; fax +44 1292 675704; email
<EMAIL_ADDRESS>Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
    (4) You may view this 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
425-227-1221.
    (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 19, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-07800 Filed 4-13-15; 8:45 am]
BILLING CODE 4910-13-P