[Federal Register Volume 77, Number 25 (Tuesday, February 7, 2012)]
[Rules and Regulations]
[Pages 5991-5994]
[FR Doc No: 2012-1118]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0005; Directorate Identifier 2010-SW-091-AD;
Amendment 39-16914; AD 2012-01-03]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France Helicopters

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting an airworthiness directive (AD) for the
Eurocopter France (ECF) Model AS332L2 helicopter and superseding an AD
for the Model EC225LP helicopter. This AD is prompted by the
manufacturer issuing additional corrective action to prevent failure of
the main gearbox (MGB) due to the degradation of the epicyclic module
of the MGB and expands the applicability to include the ECF Model
AS332L2 helicopter because an investigation showed a failure within the
epicyclic reduction gear module resulted in the rupture of the MGB case
and separation of the main rotor head of a model AS332L2 helicopter in
2009. These actions are intended to prevent failure of the MGB and
subsequent loss of control of the helicopter.

DATES: This AD becomes effective February 22, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain documents listed in this AD as of February 22,
2012.
    We must receive comments on this AD by April 9, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Examining the AD Docket: You may examine the AD docket on the
Internet at http://www.regulations.gov or in person at the Docket
Operations Office between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this AD, the economic
evaluation, any comments received, and other information. The street
address for the Docket Operations Office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
    For service information identified in this AD, contact American
Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, Texas
75052, telephone<PHONE_NUMBER> or<PHONE_NUMBER>, fax<PHONE_NUMBER>,
or at http://www.eurocopter.com/techpub. You may review copies of the
referenced service information at the FAA, Office of the Regional
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth,
Texas 76137.

FOR FURTHER INFORMATION CONTACT: Rao Edupuganti, Aerospace Engineer,
FAA, Rotorcraft Directorate, Regulations and Policy Group, 2601 Meacham
Blvd., Fort Worth, Texas 76137; telephone:<PHONE_NUMBER>; fax: (817)
222-5961, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments prior to it becoming effective. However, we
invite you to participate in this rulemaking by submitting written
comments, data, or views. We also invite comments relating to the
economic, environmental, energy, or federalism impacts that resulted
from adopting this AD. The most helpful comments reference a specific
portion of the AD, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit them only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this rulemaking during the comment period. We will consider
all the comments we receive and may conduct additional rulemaking based
on those comments.

Discussion

    We issued Emergency AD (EAD) 2009-09-51 on April 17, 2009, to all
known owners and operators of the Eurocopter Model EC225LP helicopter,
and published that EAD as Amendment 39-16101 (74 FR 65679, December 11,
2009) to require determining whether or not the ``CHIP'' detector light
on the instrument panel had previously illuminated. If the ``CHIP''
detector light had illuminated because of a metal particle on the chip
detector of the module, or if you could not determine from the
maintenance records which ``CHIP'' detector caused the ``CHIP''
detector light to illuminate, or if the chip detector light stayed
illuminated after the ``CHIP'' detector switch was turned to the ``CHIP
PULSE'' setting, you are required to replace the module with an
airworthy module before further flight. You are also required, before
further flight, to inspect the MGB module magnetic ``CHIP'' detector
electrical circuit and determine whether the system is functioning
properly, including whether the ``CHIP'' detector light annunciates on
the instrument panel. This condition, if not corrected, could result in
failure of the MGB and loss of control of the helicopter.
    Since issuing that AD, we have determined the AD should also apply
to the Model AS332L2 helicopters. We have also determined that we
incorrectly described a part as ``magnetic plug'', and the correct
nomenclature is ``chip detector.'' Finally, we have determined that
modifying the chip collector and inspecting the chip detector should be
required to enhance the early detection capability of the chip
detectors of the gearbox sump and the epicyclic module.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Emergency AD No. 2009-0099-E, dated April 23, 2009 (EAD No. 2009-0099-
E), which supersedes AD No. 2009-0087-E, dated April 11, 2009 and AD
No. 2009-0095-E, dated April 17, 2009, to correct an unsafe condition
for the Eurocopter Model AS332L2 and EC225LP helicopters. EASA advises
that early investigations showed that a failure within the epicyclic
reduction gear module of the MGB resulted in the rupture of the MGB
case, which allowed the main rotor head to separate from the
helicopter.

FAA's Determination

    These helicopters have been approved by the aviation authority of
France and are approved for operation in the United States. Pursuant to
our bilateral agreement with France, EASA, their technical
representative, has notified us of the unsafe condition described in
the EASA AD. We are issuing this AD

because we evaluated all information provided by EASA and determined
the unsafe condition exists and is likely to exist or develop on other
helicopters of these same type designs.

Related Service Information

    Eurocopter has issued two Emergency Alert Service Bulletins (EASBs)
with four numbers: No. 05.00.81 for FAA type-certificated Model AS332L2
helicopters; No. 05.00.58 for non-FAA type-certificated military Model
AS532A2 and U2 helicopters; No. 05A016 for non-FAA type-certificated
military Model EC725AP helicopters; and No. 05A017 for FAA type-
certificated Model EC225LP helicopters. Both EASBs are Revision 2, and
are dated April 23, 2009. The EASBs specify checking the chip detector
on the MGB epicyclic module, modifying the main module chip collector,
reidentifying the chip collector, and installing the chip collector
(MOD 0752522). EASA classified these EASBs, or later approved versions,
as mandatory and issued EAD No. 2009-0099-E to ensure continued
airworthiness of these helicopters.

AD Requirements

    This AD requires:
     Determining from the maintenance records whether, within
the last 200 hours time-in-service (TIS), the ``CHIP'' detector light
illuminated because of a metal particle on the chip detector of the
module, and if so, whether the ``CHIP'' detector light stayed
illuminated after the ``CHIP'' detector switch was turned to the ``CHIP
PULSE'' setting to activate the ``fuzz burn-off'' feature.
     If the maintenance records indicate that the ``CHIP''
detector light illuminated because of a metal particle on the chip
detector of the module, and the ``CHIP'' detector light stayed
illuminated after the ``CHIP'' detector switch was turned to the ``CHIP
PULSE'' setting, replace the module with an airworthy module before
further flight.
     If the maintenance records do not indicate which ``CHIP''
detector caused the ``CHIP'' detector light to illuminate, or whether
the detector light stayed illuminated after the ``CHIP'' detector
switch was turned to the ``CHIP PULSE'' setting, replace the module
with an airworthy module before further flight.
     Inspecting the MGB module magnetic chip detector
electrical circuit and determining whether the system is functioning
properly, including whether the ``CHIP'' detector light annunciates on
the instrument panel (Vehicle Monitoring System Screen).
     Thereafter, if the ``CHIP'' detector light illuminates,
stays illuminated after the ``CHIP'' detector switch is turned to the
``CHIP PULSE'' setting, and there is a metal particle on the epicyclic
module chip detector, (rather than the main reduction gear (lower MGB),
the flared housing (mast assembly), the intermediate gearbox, or the
tail rotor gearbox chip detectors) that caused the ``CHIP'' detector
light to illuminate, replace the module with an airworthy module.
     Unless accomplished previously, within 50 hours TIS,
remove, modify, reidentify, and reinstall the chip collector.
     Before installing a MGB on any Eurocopter Model AS332L2 or
EC225LP helicopter, modify, reidentify, and reinstall the chip
collector in accordance with paragraph (f)(3) of this AD.

Differences Between This AD and the EASA AD

    The differences between this AD and the EASA AD are:
     We use the term ``hours time-in-service'' rather than
``flight hours'' to describe compliance times.
     We use the term ``chip detector'' rather than ``magnetic
plug'' to refer to the same part.
     If it is determined that within the past 200 hours TIS a
``CHIP'' light was caused by a particle in the module, we require
replacing the module with an airworthy module rather than inspecting it
and returning the same module to service.
     We do not mandate a calendar time for complying with this
AD.
     The EASA AD specifies, for Eurocopter Model AS332L2
helicopters, checking the chip detector of the module after the last
flight of the day, not to exceed 10 hours TIS, and for the Model
EC225LP helicopters, complying with the maintenance manual each time a
particle is detected. This AD requires treating both models the same,
since both models have the same type of chip detectors and anticipate
compliance with ``normal'' maintenance procedures each time a particle
is detected after accomplishing paragraph (f)(3) of this AD.
     We do not require returning unairworthy parts or found
particles to the manufacturer.

Costs of Compliance

    We estimate that this AD will affect 4 helicopters of U.S.
registry. We estimate that it will take about 1.0 work hour to inspect
maintenance records to determine if a ``CHIP'' light illuminated within
the past 200 hours TIS; 10 work-hours to remove, inspect, and replace a
module; 14 work-hours to remove, modify, and replace the module to
incorporate the ``CHIP'' collector and flange modifications (MOD
0752522); and 0.2 work-hour, per inspection, to conduct the initial and
repetitive inspection of the chip detector for metal particles. The
average labor rate is $85 per work-hour, and we estimate it will cost
$85 to inspect the maintenance records; $850 to remove, inspect, and
replace a module; $1,190 to incorporate MOD 0752522; and $408 to
inspect the chip detector (assumes 24 inspections per year per
helicopter), for an estimated total labor cost of $2,533 per
helicopter. Required parts cost is approximately $512,318 to replace a
module. Based on these figures, we estimate the cost of this AD on U.S.
operators is $522,450, assuming all required inspections and
modifications are completed on all helicopters and 1 helicopter
requires a module replacement

FAA's Justification and Determination of the Effective Date

    The short compliance time involved is required because the
previously described critical unsafe condition can adversely affect
both the structural integrity and controllability of the helicopter.
Therefore, because the determination of the ``CHIP'' light
illumination, inspection, and replacement of the module (on condition)
are required before further flight, this AD must be issued immediately.
    Since an unsafe condition exists that requires the immediate
adoption of this AD, we determined that notice and opportunity for
public comment before issuing this AD are impracticable and that good
cause exists for making this amendment effective in less than 30 days.

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, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2012-01-03 Eurocopter France: Amendment No. 39-16914; Docket No.
FAA-2012-0005; Directorate Identifier 2010-SW-091-AD.

    (a) Applicability. This AD applies to Model AS332L2 and EC225LP
helicopters, certificated in any category.
    (b) Unsafe Condition. This AD defines the unsafe condition as
degradation of the epicyclic reduction gear module within the main
gearbox (MGB). This condition could result in failure of the MGB and
subsequent loss of control of the helicopter.
    (c) Other Affected ADs. This AD supersedes AD 2009-09-51,
Amendment 39-16101, Docket No. FAA-2009-1089, Directorate Identifier
2009-SW-16-AD, (74 FR 65679, Dec. 11, 2009).
    (d) Effective Date. This airworthiness directive (AD) becomes
effective February 22, 2012.
    (e) Compliance. You are responsible for performing each action
required by this AD within the specified compliance time unless it
has already been accomplished prior to that time.
    (f) Required Actions. To prevent failure of the main gearbox
(MGB) and loss of control of the helicopter:
    (1) Before further flight:
    (i) Determine from the maintenance records whether, within the
last 200 hours time-in-service (TIS), the ``CHIP'' detector light
illuminated because of a metal particle on the chip detector of the
MGB epicyclic module (module), and if so, whether the ``CHIP''
detector light stayed illuminated after the ``CHIP'' detector switch
was turned to the ``CHIP PULSE'' setting to activate the ``fuzz
burn-off'' feature.
    (A) If the maintenance records indicate that the ``CHIP''
detector light illuminated because of a metal particle on the chip
detector of the module, and the ``CHIP'' detector light stayed
illuminated after the ``CHIP'' detector switch was turned to the
``CHIP PULSE'' setting, replace the module with an airworthy module
before further flight.
    (B) If the maintenance records do not indicate which ``CHIP''
detector caused the ``CHIP'' detector light to illuminate, or
whether the detector light stayed illuminated after the ``CHIP''
detector switch was turned to the ``CHIP PULSE'' setting, replace
the module with an airworthy module before further flight.
    (ii) Inspect the module magnetic chip detector electrical
circuit and determine whether the system is functioning properly,
including whether the ``CHIP'' detector light annunciates on the
instrument panel (Vehicle Monitoring System Screen).
    (2) After accomplishing paragraph (f)(1) of this AD, thereafter,
if the ``CHIP'' detector light illuminates, stays illuminated after
the chip detector switch is turned to the ``CHIP PULSE'' setting,
and there is a metal particle on the module magnetic chip detector
(rather than the main reduction gear (lower MGB), the flared housing
(mast assembly), the intermediate gearbox, or the tail rotor gearbox
chip detectors) that caused the ``CHIP'' detector light to
illuminate, replace the module with an airworthy module.
    (3) Within 50 hours TIS, remove, modify, reidentify, and
reinstall the chip collector as shown in Figures 2 through 5, and in
accordance with the Accomplishment Instructions, paragraph
2.B.3.b.1) through 2.B.3.b.5) of Eurocopter Emergency Alert Service
Bulletin (EASB) No. 05.00.81, Revision 2, dated April 23, 2009, or
Eurocopter EASB No. 05A017, Revision 2, dated April 23, 2009, for
your model helicopter.
    (4) Before installing a MGB, modify, reidentify, and reinstall
the chip collector in accordance with paragraph (f)(3) of this AD.

    Note 1 to paragraph (f) of this AD: Eurocopter has issued two
EASBs with four different numbers (Nos. 05.00.81, 05.00.58, 05A017,
and 05A016) that apply to 5 different Eurocopter model helicopters.
EASB No. 05.00.58 is for Eurocopter military Model AS532A2, and U2
helicopters, and EASB No. 05A016 is for Eurocopter military Model
EC725AP helicopters that are non-FAA type-certificated. EASB No.
05.00.81 is for FAA type-certificated Eurocopter Model AS332L2
helicopters and EASB No. 05A017 is for FAA type-certificated
Eurocopter Model EC225LP helicopters. This AD does not incorporate
by reference EASB Nos. 05A016 or 05.00.58.

    (g) Alternative Methods of Compliance (AMOCs).
    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Rao Edupuganti, Aerospace
Engineer, FAA, Rotorcraft Directorate, Regulations and Policy Group,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone: (817) 222-
4389; fax:<PHONE_NUMBER>, email<EMAIL_ADDRESS>    (2) For operations conducted under a Part 119 operating
certificate or under Part 91, Subpart K, we suggest that you notify
your principal inspector, or lacking a principal inspector, the
manager of the local flight standards district office or certificate
holding district office, before operating any aircraft complying
with this AD through an AMOC.
    (h) Additional Information. The subject of this AD is addressed
in European Aviation Safety Agency AD No. 2009-0099-E, dated April
23, 2009.
    (i) Subject. JASC Code: 6300: Rotor Drive System.
    (j) Material Incorporated by Reference. You must use the
following service information to do the actions required by this AD,
unless the AD specifies otherwise. The Director of the Federal
Register approved the incorporation by reference (IBR) of the
following service information under 5 U.S.C. 552(a) and 1 CFR part
51:
    (1) Eurocopter Emergency Alert Service Bulletin No. 05.00.81,
Revision 2, dated April 23, 2009, for the model AS332L2; and
    (2) Eurocopter Emergency Alert Service Bulletin No. 05A017,
Revision 2, dated April 23, 2009, for the model EC225LP helicopters.
    (3) For service information identified in this AD, contact
American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie,
Texas 75052, telephone<PHONE_NUMBER> or<PHONE_NUMBER>, fax (972)
641-3775, or at http://www.eurocopter.com/techpub.
    (4) You may review copies of the referenced service information
at the FAA, Office of the Regional Counsel, Southwest Region, 2601
Meacham Blvd., Room 663, Fort Worth Texas 76137 or 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Fort Worth, Texas, on December 28, 2011.
M. Monica Merritt,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-1118 Filed 2-6-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 13, 2009 (Volume 74, Number 69)]
[Rules and Regulations]
[Page 16783]
[DOCID:fr13ap09-11]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2009-0219]

Drawbridge Operation Regulations; Chelsea River, Chelsea and East
Boston, MA, Maintenance

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Chelsea Street Bridge across the Chelsea River, mile 1.2, between
Chelsea and East Boston, Massachusetts. This deviation allows the
bridge to remain in the closed position for nine hours to facilitate
bridge maintenance. Vessels that can pass under the draw without a
bridge opening may do so at all times.

DATES: This deviation is effective from 8 p.m. on April 25, 2009,
through 5 a.m. on April 26, 2009.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0219 and are available online
at http://www.regulations.gov. They are also available for inspection
or copying at two locations: The Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays; and
the First Coast Guard District, Bridge Branch Office, 408 Atlantic
Avenue, Boston, Massachusetts 02110, between 7 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: John McDonald, Project Officer, First
Coast Guard District, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Massachusetts Highway Department,
requested this temporary deviation to facilitate a power supply
relocation project. The Chelsea Street Bridge, across the Chelsea River
at mile 1.2, between Chelsea and East Boston, Massachusetts, has a
vertical clearance in the closed position of 9 feet at mean high water
and 19 feet at mean low water. The bridge opens on signal as required
by 33 CFR 117.593.
    This deviation allows the bridge to remain closed from 8 p.m. on
April 25, 2009 through 5 a.m. on April 26, 2009. Vessels able to pass
under the closed draw may do so at any time.
    The waterway is primarily used by deep draft tankers, tugs and
barge units. Waterway users were advised of the requested bridge
closure period and offered no objection.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: March 30, 2009.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. E9-8305 Filed 4-10-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 84, Number 218 (Tuesday, November 12, 2019)]
[Notices]
[Pages 61047-61048]
[FR Doc No: 2019-24569]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2814-025]

Great Falls Hydroelectric Company; City of Paterson, New Jersey;
Notice Extending Scoping Comment Period

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.

    b. Project No.: 2814-025.
    c. Date Filed: February 28, 2019.
    d. Applicants: Great Falls Hydroelectric Company and the City of
Paterson, New Jersey, as co-licensees.
    e. Name of Project: Great Falls Hydroelectric Project.
    f. Location: On the Passaic River, near the City of Paterson,
Passaic County, New Jersey. The project does not occupy federal land.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Mr. Robert Gates, Senior Vice President of
Operations, Eagle Creek Renewable Energy, 65 Madison Avenue, Suite 500,
Morristown, NJ 07960;<PHONE_NUMBER>; [email protected]
and/or Ben-David Seligman, 2nd Assistant Corp. Counsel, City of
Paterson, 155 Market Street, Paterson, NJ;<PHONE_NUMBER>; email_
[email protected]
    i. FERC Contact: Christopher Millard at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>    j. Deadline for filing scoping comments: December 23, 2019.
    The Commission strongly encourages electronic filing. Please file
scoping comments using the Commission's eFiling system at 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>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-2814-025.
    k. This application is not ready for environmental analysis at this
time.
    l. The existing project works consist of: (1) The Society for the
Establishment of Useful Manufactures dam, an overflow granite stone
gravity structure about 315 feet long, with a maximum height of 15 feet
and having a crest elevation of 114.6 feet mean sea level (msl); (2) a
reservoir with a surface area of 202 acres and a storage capacity of
1,415 acre-feet at elevation 114.6 feet msl; (3) a forebay inlet
structure; (4) a headgate control structure containing three trashracks
and three steel gates; (5) three penstocks, each 8.5 feet in diameter
and approximately 55 feet long; (6) a powerhouse containing three
turbine-generator units with a total rated capacity of 10.95 megawatts;
(7) a 37-foot-long, 4.16-kilovolt (kV) underground transmission line
connecting the powerhouse to a 4.16/26.4-kV step-up transformer which
in turn is connected to a 26.4-kV transmission grid via an
approximately 30-foot-long, 26.4-kV underground transmission line; (8)
and appurtenant facilities.
    The Great Falls Project is operated in a run-of-river mode. For the
period 2010 through 2018, the average annual generation at the Great
Falls Project was 17,484 megawatt-hours.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's website at http://www.ferc.gov using the eLibrary link.
Enter the docket number excluding the last three digits in the docket
number field to access the document. For assistance, contact FERC
Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Scoping Process
    The Commission staff intends to prepare an environmental assessment
(EA) for the Great Falls Project in accordance with the National
Environmental Policy Act. The EA will consider both site-specific and
cumulative environmental impacts and reasonable alternatives to the
proposed action.
    Scoping meetings were held on October 23 and 24, 2019, near the
project site in Paterson, New Jersey to receive input on the scope of
the EA. The meetings were noticed in the Federal Register; however, it
has come to our attention that the meetings were not noticed in a local
newspaper. Thus, we are extending the comment period to December 23,
2019.
    Copies of the scoping document (SD1) outlining the subject areas to
be addressed in the EA were distributed to the parties on the
Commission's mailing list and the co-licensee's distribution list.
Copies of SD1 may be viewed on the web at http://www.ferc.gov using the
eLibrary link. Enter the docket number excluding the last three digits
in the docket number field to access the document. For assistance, call
1-866-208-3676 or for TTY,<PHONE_NUMBER>.

    Dated: November 5, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-24569 Filed 11-8-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Notices]
[Page 47219]
[FR Doc No: 2011-19771]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4003-DR; Docket ID FEMA-2011-0001]

Pennsylvania; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the Commonwealth of Pennsylvania (FEMA-4003-DR), dated
July 13, 2011, and related determinations.

DATES: Effective Date: July 13, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated July 13, 2011, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the
Commonwealth of Pennsylvania resulting from severe storms and
flooding April 25-28, 2011, is of sufficient severity and magnitude
to warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists in the Commonwealth of Pennsylvania.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the Commonwealth.
Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Thomas J. McCool, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the Commonwealth of Pennsylvania have been
designated as adversely affected by this major disaster:

    Bradford, Lycoming, Sullivan, Tioga, and Wyoming Counties for
Public Assistance.
    All counties within the Commonwealth of Pennsylvania are
eligible to apply for assistance under the Hazard Mitigation Grant
Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-19771 Filed 8-3-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: August 8, 2007 (Volume 72, Number 152)]
[Notices]
[Page 44518-44520]
[DOCID:fr08au07-64]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0436; FRL-8133-8]

Oxydemeton-Methyl; Proposal to Terminate Special Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces EPA's proposed determination to
terminate the Special Review of oxydemeton-methyl (ODM). On October 5,
1987, in the Federal Register, EPA initiated a Special Review of ODM
because of its potential to adversely affect reproduction of workers
who mix, load, and apply products containing ODM. Since the initiation
of the Special Review, additional data and more comprehensive reviews
of potential risks associated with ODM exposure have been completed,
including those described in the 2002 Interim Reregistration
Eligibility Decision (IRED) for ODM. During the reregistration process
EPA conducted a public, intensive review of ODM risks. In the 2002 IRED
and subsequent label amendments, the Agency addressed the occupational
risk concerns, including risks associated with potential reproductive
effects. There continues to be evidence of reproductive effects;
however, there is no evidence that these effects inhibit the ability of
organisms to reproduce. Similarly, further data and analysis have
addressed the concern for heritable effects. With the label amendments
that have been made since the initiation of Special Review, ODM
exposure is expected to be below the levels where any reproductive
effects occur. Because the risks that were the basis of the Special
Review are no longer of concern, the Agency is proposing to terminate
the Special Review of ODM.

DATES: Comments must be received on or before September 7, 2007.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0436, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0436. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov web
site to view the docket index or access available documents. Although
listed in the index, some information is not publicly available, e.g.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either in the
electronic docket at http://www.regulations.gov, or, if only available

in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Richard P. Dumas, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or

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

II. Background

A. What Action is the Agency Taking?

    On October 5, 1987, (52 FR 37248; FRL-3273-1) EPA initiated a
Special Review of oxydemeton-methyl (ODM) because of its potential to
adversely affect reproduction of workers who mix, load, and apply
products containing ODM. The Agency's concerns regarding reproductive
effects were based primarily on the results of a two-generation rat
reproduction study and interim progress reports from an ongoing male
rat reproductive toxicity study. Observed reproductive effects were
decreased parental body weight, parental testes weight and fertility
index, vacuolation of the corpus epididymus, decreased litter size,
decreased pup weight and increased pup mortality.
    Since the initiation of the Special Review, additional data and
more comprehensive reviews of potential risks associated with ODM
exposure have been completed, including those described in the 2002
Interim Reregistration Eligibility Decision (IRED) for ODM. In
addition, during the reregistration process EPA conducted an intensive
and public review of whether or not ODM registrations, meet the Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA) standard for
registration. In the 2002 IRED and subsequent label amendments, the
Agency addressed the occupational risk concerns, including risk
associated with potential reproductive effects. There continues to be
evidence of reproductive effects; however, there is no evidence that
these effects inhibit the ability of organisms to reproduce. Similarly,
further data and analysis have addressed the concern for heritable
effects. With the label amendments that have been made since the
initiation of Special Review, ODM exposure is expected to be below the
levels where any reproductive effects occur. Because the risks that
were the basis of the Special Review are no longer of concern, the
Agency is proposing to terminate the Special Review of ODM.
    The final risk management decision regarding the risk to workers
exposed to ODM was completed with the 2002 IRED. A detailed description
of the rationale and supporting documents can be found in http://www.regulations.gov
 under EPA-HQ-OPP-2005-0281. As described above and

in the 2002 IRED, concerns regarding reproductive effects were
addressed under FIFRA and no further action is required at this time.
As such, EPA is proposing to terminate the Special Review of ODM.

B. What is the Agency's Authority for Taking this Action?

    A pesticide product may be sold or distributed in the United States
only if it is registered or exempt from registration under the Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA) as amended (7 U.S.C.
136 et seq.). Before a product can be registered it must be shown that
it can be used without causing ``unreasonable adverse effects on the
environment,'' FIFRA section 3(c)(5). The term ``unreasonable adverse
effects on the environment'' is defined in FIFRA section 2(bb) as ``any
unreasonable risk to man or the environment, taking into account the
economic, social, and environmental costs and benefits of the use of
any pesticide.'' The burden of proving that a pesticide meets this
standard for registration is, at all times, on the proponent of initial
or continued registration. If at any time the Agency determines that a
pesticide no longer meets this standard, the Administrator may cancel
this registration under section 6 of FIFRA.
    The Special Review process provides a mechanism to permit public
participation in EPA's deliberations prior to issuance of any Notice of
Final Determination describing the regulatory action which the
Administrator has selected. The Special Review process, which was
previously called the Rebuttable Presumption Against Registration
(RPAR), is described in 40 CFR part 154, published in the Federal
Register of November 27, 1985 (50 FR 49003, 49015; FRL 2914-6). The
purpose of this process is to determine whether some or all
registrations of a particular active ingredient or ingredients meet the
FIFRA standard for registration, or whether amendment of the terms and
conditions of registration or cancellation of portions or all of the
registrations is appropriate.
    Prior to formal initiation of a Special Review, a preliminary
notification is sent to registrants and applicants for registration
pursuant to 40 CFR 154.21 announcing that the Agency is considering
commencing a Special Review. Registrants and applicants for
registration are allowed 30 days from receipt of the notification to
comment on the Agency's proposal to commence a Special Review.
    If the Agency determines, after issuance of a notification pursuant
to 40 CFR 154.21, that it will initiate a Special Review, 40 CFR
154.23(c) requires the Administrator to publish a Notice of Special
Review in the Federal Register. To conclude the Special Review after a
Special Review has been initiated, 40 CFR 154.31 requires the
Administrator to first publish a Notice of Preliminary Determination in
the Federal Register. This Notice concerning the ODM is being issued
pursuant to 40 CFR 154.31.
    That regulation requires the Administrator to respond to all
significant comments received on the Notice of Special Review and,
among other things, make a preliminary determination of whether any of
the applicable risk criteria have been satisfied. Finally, after
receipt and evaluation of comments on the Notice of Preliminary
Determination, 40 CFR 154.33 requires that the Administrator publish in
the Federal Register a Notice of Final Determination, including the
reasons for the determination.

List of Subjects

    Environmental protection, Pesticides, Pests.

    Dated: July 30, 2007.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.

[FR Doc. E7-15113 Filed 8-7-07; 8:45 am]

BILLING CODE 6560-50-S


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on January 7, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST 2004-16845

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  COMPANIA MEXICANA de AVIACION, S.A. de C.V.
     Date Filed:  January 2, 2004

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to conduct scheduled, combination services between Mexicali,
Mexico, and the two U.S. coterminal points Las Vegas, Nevada, and
Portland, Oregon, for a period of one year.

If renewal, date and citation of last action:  New authority.

Applicant representative:  Charles F. Donley II,<PHONE_NUMBER>       DOT
analyst:  Allen F. Brown,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.			       			                       Action date:
January 7, 2004

Effective dates of authority granted:  January 7, 2004, through January
7, 2005.

Basis for approval:  United States-Mexico Air Transport Services
Agreement

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated: Standard exemption
conditions.

Special conditions/Remarks:

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
_______________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is
availa汢湯琠敨圠牯摬圠摩敗瑡ഺ瑨灴⼺搯獭搮瑯
朮癯⼯敲潰瑲⽳敲潰瑲彳癡慩楴湯愮灳

%


[Federal Register: November 19, 2009 (Volume 74, Number 222)]
[Notices]
[Page 59974-59975]
[DOCID:fr19no09-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD09-10-000]

National Action Plan on Demand Response; Notice Announcing Agenda
for the November 19-20, 2009 Technical Conference

November 12, 2009.
    Section 529 of the Energy Independence and Security Act of 2007
(EISA) \1\ directed the Commission to develop a National Action Plan.
On October 28, 2009, the Commission issued a notice (October 28 Notice)
scheduling a staff technical conference to elicit further input from
interested stakeholders on the possible elements of the National Action
Plan on Demand Response (National Action Plan) as discussed in the
Discussion Draft on Possible Elements of a National Action Plan on
Demand Response (Discussion Draft). Commission Staff will draw on the
comments received and the discussion at the technical conference to
prepare a draft of the National Action Plan.
---------------------------------------------------------------------------

    \1\ Public Law 110-140, Sec.  529, 121 Stat. 1492, 1664 (to be
codified at National Energy Conservation Policy Act, 42 U.S.C. 8241-
8287d, 8279).
---------------------------------------------------------------------------

    Attached is the agenda for the November 19-20, 2009 technical

conference. The sessions will be held in the Commission Meeting Room
and other conference rooms at the Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426. Please note that the
conference will begin at 1 p.m. on Thursday, November 19.
    Panelists in the afternoon session on November 19 will discuss the
overall approach to and scope of the National Action Plan, as proposed
in the Discussion Draft, followed by a closing plenary session. The
morning breakout sessions on November 20 will focus on each of the
three statutory objectives set out in EISA and the possible activities
identified in the Discussion Draft. The technical conference represents
one of the means for stakeholders to provide input on the National
Action Plan. Those interested will also have an opportunity to submit
comments on the Discussion Draft and the technical conferences.
    The November 19 panel sessions and the November 20 plenary session
of the conference will be transcribed. Transcripts of the conference
will be immediately available for a fee from Ace-Federal Reporters,
Inc.<PHONE_NUMBER> or 1-800-336-6646). A free Web cast of the November
19 panel sessions and the November 20 closing plenary session will be
available. Anyone with Internet access interested in viewing this
conference can do so by navigating to http://www.ferc.gov's Calendar of
Events and locating the appropriate event in the Calendar. The events
will contain a link to the applicable Web cast option. The Capitol
Connection provides technical support for the Web casts and offers the
option of listening to the conferences via phone-bridge for a fee. If
you have any questions, visit http://www.CapitolConnection.org or call
703-993-3100. The morning breakout sessions on November 20 will not be
Web cast or transcribed, but they are open to everyone and we encourage
all to attend. During the breakouts, Commission staff anticipates
detailed discussion on the elements described in the Discussion Draft.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an e-mail to<EMAIL_ADDRESS>or call toll free (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER>
with the required accommodations.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-27736 Filed 11-18-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Notices]
[Pages 29162-29163]
[FR Doc No: 2022-10231]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4634-DR; Docket ID FEMA-2022-0001]

Colorado; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Colorado (FEMA-4634-DR), dated December 31, 2021, and
related determinations.

DATES: This change occurred on April 22, 2022.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Jon K. Huss, of
FEMA is appointed to act as the Federal Coordinating Officer for this
disaster.
    This action terminates the appointment of Nancy M. Casper as
Federal Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-10231 Filed 5-11-22; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Notices]
[Page 77308]
[FR Doc No: 2023-24739]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Effectiveness of Exempt Wholesale Generator Status

------------------------------------------------------------------------
                                                           Docket Nos.
------------------------------------------------------------------------
20SD 8me LLC...........................................     EG23-243-000
Bright Arrow Solar, LLC................................     EG23-244-000
Montgomery Ranch Wind Farm, LLC........................     EG23-245-000
Shamrock Wind, LLC.....................................     EG23-246-000
Pioneer Hutt Wind Energy LLC...........................     EG23-247-000
BRP Hydra BESS LLC.....................................     EG23-248-000
BRP Paleo BESS LLC.....................................     EG23-249-000
BRP Pavo BESS LLC......................................     EG23-250-000
BRP Tortolas BESS LLC..................................     EG23-251-000
BRP Dickens BESS LLC...................................     EG23-252-000
Mockingbird Solar Center, LLC..........................     EG23-253-000
Cereal City Solar, LLC.................................     EG23-254-000
AES WR Limited Partnership.............................     EG23-255-000
High Banks Wind, LLC...................................     EG23-256-000
Hardy Hills Solar Energy LLC...........................     EG23-257-000
Grover Hill Wind, LLC..................................     EG23-258-000
Wildflower Solar 2 LLC.................................     EG23-259-000
Wildflower Solar 3 LLC.................................     EG23-260-000
Richfield Solar Energy LLC.............................     EG23-261-000
Steel Solar, LLC.......................................     EG23-262-000
Parliament Solar LLC...................................     EG23-263-000
North Bend Wind Project LLC............................     EG23-264-000
Five Wells Storage LLC.................................     EG23-265-000
Walnut Bend Solar LLC..................................     EG23-266-000
SCEF 1 Fuel Cell, LLC..................................     EG23-267-000
Longhorn Storage LLC...................................     EG23-269-000
Hunter Solar, LLC......................................     EG23-270-000
Arche Energy Project, LLC..............................     EG23-271-000
El Sol Energy Storage LLC..............................     EG23-272-000
Five Wells Solar Center LLC............................     EG23-273-000
Hopkins Energy LLC.....................................     EG23-274-000
Myrtle Storage, LLC....................................     EG23-275-000
Mammoth North LLC......................................     EG23-276-000
------------------------------------------------------------------------

    Take notice that during the month of October 2023, the status of
the above-captioned entities as Exempt Wholesale Generators became
effective by operation of the Commission's regulations. 18 CFR 366.7(a)
(2022).

    Dated: November 2, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-24739 Filed 11-8-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Rules and Regulations]
[Pages 59751-59755]
[FR Doc No: 2012-23987]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-1102; EPA-R05-OAR-2008-0782; FRL-9714-7]

Approval and Promulgation of Air Quality Implementation Plans;
Ohio; PBR and PTIO

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is approving six Permit-by-Rule (PBR) provisions, a Permit
to

Install and Operate (PTIO) program, two permanent exemptions from the
Permit to Install (PTI) requirement and a general permit program as
additions to Ohio's State Implementation Plan (SIP) under the Clean Air
Act. The Ohio Environmental Protection Agency (OEPA) has requested
these rule revisions to make its air pollution permit program more
efficient. Approving these additions will make the PBRs, PTIOs, and
general permits federally enforceable. Because these rule revisions
will make Ohio's air permit program more efficient while continuing to
protect human health and the environment, EPA is taking direct final
action to approve the revisions.

DATES: This direct final rule will be effective November 30, 2012,
unless EPA receives adverse comments by October 31, 2012. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-1102; EPA-R05-OAR-2008-0782, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Genevieve Damico, Chief, Air Permits Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Genevieve Damico, Chief, Air Permits Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only
accepted during the Regional Office normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The Regional Office official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA R05 OAR
2007-1102; EPA-R05-OAR-2008-0782. EPA's policy is that all comments
received will be included in the public docket without change and may
be made available online at www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
www.regulations.gov or email. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Kaushal Gupta, Environmental Engineer,
at<PHONE_NUMBER> before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Kaushal Gupta, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:

I. What does this document address?
II. What program changes is EPA approving?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What does this document address?

    This document addresses requests from Ohio to incorporate the
following rules into the Ohio SIP.

1. PBR and Permanent Exemption Provisions

    Ohio's federally approved construction program, Ohio Administrative
Code (OAC) 3745-31 (``Permits to Install New Sources of Pollution'')
provides the authority for OEPA to issue PTIs to new sources of air
pollution or modifications to existing sources of air pollution. For
attainment areas, the program was conditionally approved into Ohio's
SIP on October 10, 2001 (66 FR 51570) and fully approved on January 22,
2003 (68 FR 2909). For nonattainment areas, the program was fully
approved on January 10, 2003 (68 FR 1366). Included in this program at
OAC 3745-31-03 (``Permit to install exemptions'') are exemptions from
the requirement to obtain a PTI before constructing or modifying a
source of air pollution. The types of exemptions include permanent
exemptions, Federal-based exemptions, discretionary exemptions, and PBR
exemptions (exempting certain sources from the PTI requirement as long
as they comply with the relevant provisions of the PBR rule).
    On April 24, 2006, EPA received a request from OEPA to approve the
addition of two permanent exemptions and six PBR provisions to the SIP.
This document addresses the request.

2. PTIO and General Permit Programs

    Prior to the rulemaking, a minor source (that is, a source not
subject to Title V of the Clean Air Act) in Ohio would be issued both a
PTI under OAC 3745-31 and a Permit to Operate (PTO) under OAC 3745-35
(``Air Permits to Operate and Variances''). Ohio is now combining both
permit programs into a new PTIO program. Under the PTIO program, a
minor source would be issued one PTIO instead of a PTI and a PTO.
    On June 30, 2008, the state regulations to implement the PTIO
program became effective and OAC 3745-35 was rescinded. On July 18,
2008, OEPA submitted to EPA a request to approve the addition of the
PTIO program and a general permit program to the SIP. The changes to
Ohio's SIP involve the modification of various parts of OAC 3745-31,
the removal of OAC 3745-35, and the addition of OAC 3745-31-29 to
enable the issuance of federally enforceable general PTIs and general
PTIOs. This document addresses the request.

II. What program changes is EPA approving?

1. PBR and Permanent Exemption Provisions

    EPA is approving the requested modifications and additions to the
permanent exemption and PBR provisions in OAC 3745-31-03. The
significant changes are as follows.
    The permanent exemption from the requirement to obtain a PTI for
organic liquid storage tanks is being expanded to cover larger tanks.
Currently, the exemption only applies to tanks with a capacity less
than 10,000-gallons; the modification would exempt tanks of less than
19,815-gallon capacity (except for gasoline storage tanks at bulk
gasoline plants), tanks between 19,815 and 39,894-gallon capacity with
maximum true vapor pressure less than 2.176 pounds per square inch
absolute (psia), and tanks of 39,894-gallon or greater capacity with
maximum true vapor pressure less than 0.508 psia. Note that permanent
exemptions under this rule do not exempt any source from the
requirements of the Clean Air Act, including but not limited to, being
considered for purposes of determining whether a facility constitutes a
major source or being included in a Title V permit application.
    PBR exemptions from the requirement to apply for individual PTIs
are being added for auto body refinishing facilities, gasoline
dispensing facilities with Stage I controls, gasoline dispensing
facilities with Stage I and Stage II controls, boilers and heaters,
small printing facilities, and mid-size printing facilities that meet
certain size, throughput, and process requirements. Each PBR exemption
has requirements for emission limitation and/or control, monitoring
and/or recordkeeping, reporting, and testing. Furthermore, the PBR
exemptions rule now includes general provisions for recordkeeping,
record retention, notification, and reporting requirements that apply
to all sources utilizing the PBR exemptions. The general provisions
clarify that the PBR exemptions do not exempt any source from the
requirements of the Clean Air Act, including but not limited to, being
considered for purposes of determining whether a facility constitutes a
major source or being included in a Title V permit application.
    In a December 1, 2008 letter, Ohio provided technical support for
the PBR and PTIO provisions to demonstrate that the provisions are
protective of the national ambient air quality standards, prevention of
significant deterioration increments, reasonable further progress
demonstrations and visibility, and are not in violation of section 193
of the Clean Air Act, ``General Savings Clause.''
    In a February 14, 2012 letter, Ohio provided a survey of the
estimated emissions from the state's organic liquid storage tanks to
demonstrate that the modified permanent exemption for organic liquid
storage tanks would have no negative impact on air quality. In a May
24, 2012 email, Ohio clarified that in the context of this exemption,
an ``organic liquid'' is an organic compound at the temperature and
pressure experienced inside the storage tank, and that the organic
liquid would have to remain a liquid to qualify for the exemption. The
email further clarified that the ``submerged fill'' mentioned in this
rule is the same as a ``submerged fill pipe'' as defined in OAC 3745-
21-01(C)(6).

2. PTIO and General Permit Programs

    OAC Chapter 3745-35, which contained the rules for PTOs and
Federally Enforceable State Operating Permits, is being rescinded in
its entirety from the SIP. OAC 3745-31-29 (``General permits-to-install
and general PTIO'') is being added to the SIP to make Ohio's general
PTIs and general PTIOs federally enforceable. General PTIs and general
PTIOs are based on model permits issued by OEPA. Sources may apply for
coverage under a model permit rather than apply for individual permits.
Only minor sources may qualify for coverage under a general permit.
    Other, previously approved parts of Ohio's SIP are being modified
as follows:
    a. OAC 3745-15-03 (``Submission of emission information''), is
being modified to replace all instances of ``Board Director'' to
``Director.''
    b. OAC 3745-31-01 (``Definitions''), which provides definitions for
the permit program, is being expanded to include definitions for
``permits to install and operate,'' ``PTIOs,'' and ``express permit
processing.'' The SIP revision submittal includes changes to the
definitions of ``Air contaminant source'' and ``Major stationary
source'' but, per OEPA's request in its July 18, 2008 submittal, we are
not approving these two changes at this time.
    c. OAC 3745-31-02 (``Requirements'') now requires sources to obtain
PTIs or PTIOs before installation or modification, whether or not such
sources are subject to Title V of the Clean Air Act (administered in
Ohio under OAC 3745-77). Existing PTIs and PTOs remain effective until
superseded by PTIOs. Note that this rule no longer contains the
previously approved rule's provisions applying to solid waste disposal
facilities and land application of sludge.
    d. OAC 3745-31-04 (``Applications'') is being expanded to require
PTIO applications.
    e. OAC 3745-31-05 (``Criteria for decision by the director'') is
being expanded to require PTIOs to contain the Best Available
Technology (BAT), which is a previously SIP-approved requirement.
Certain terms from the rescinded OAC 3745-35, such as conditional
permits, are being incorporated into the new PTIO rules. Per Ohio's
request in its July 18, 2008 submittal, we are not presently approving
the provision that exempts sources with the potential to emit less than
10 tons per year from the BAT requirement.
    f. OAC 3745-31-06 (``Termination'') is being rescinded in its
entirety and replaced by a new OAC 3745-31-06 (``Completeness
determination, processing requirements, public participation, public
notice, and issuance'').
    g. OAC 3745-31-07 (``Revocation'') is being expanded to cover
termination, expiration, renewal, revision, and transfer.
    h. OAC 3745-31-08 (``Procedure for decision by director'') is being
rescinded in its entirety and replaced by a new OAC 3745-31-08
(``Registration status permit-to-operate'') that provides the ongoing
requirements for non-Title V sources that received registration status
under the rescinded OAC 3745-35.
    i. OAC 3745-31-09 (``Air permit-to-install completeness
determinations, public participation, and public notice'') is being
rescinded in its entirety and replaced by a new OAC 3745-31-09
(``Variances on operation'') that has the provisions for variances that
were in the rescinded 3745-35.
    j. OAC 3745-31-10 (``Air stationary source obligations'') is
undergoing relocation of certain terms to other parts of the SIP.
    k. OAC 3745-31-20 is undergoing minor revisions to update rule
citations.
    l. OAC 3745-31-22 is undergoing removal of two references to
pollution control projects, a component of federally required New
Source Review (NSR) Reform regulations that was vacated from the
Federal NSR program.

III. What action is EPA taking?

    EPA is approving the modification of OAC 3745-31-03 to incorporate
PBRs for auto body refinishing facilities, gasoline dispensing
facilities with Stage I controls, gasoline dispensing facilities with
Stage I and Stage II controls, boilers and heaters, small printing

facilities, and mid-size printing facilities. EPA is approving the
modification of OAC 3745-31-03 to incorporate permanent exemptions for
organic liquid storage tanks of less than 19,815-gallon capacity,
between 19,815 and 39,894-gallon capacity, and tanks of 39,894-gallon
or greater capacity. EPA is approving the rescission of OAC 3745-35 and
the modification of OAC 3745-15-03, 3745-31-01, 3745-31-02, 3745-31-04,
3745-31-05, 3745-31-06, 3745-31-07, 3745-31-08, 3745-31-09, 3745-31-10,
3745-31-20, and 3745-31-22 to accommodate Ohio's PTIO program,
reorganize other provisions, and remove vacated NSR Reform provisions.
EPA is approving OAC 3745-31-29, the program for General PTIs and
General PTIOs, as an addition to the SIP.
    We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective November 30,
2012 without further notice unless we receive relevant adverse written
comments by October 31, 2012. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective
November 30, 2012.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air 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 Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 30, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.

    Dated: July 20, 2012.
Susan Hedman,
Regional Administrator, Region 5.
    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

0
2. Section 52.1870 is amended by revising paragraphs (c)(42), (c)(51),
(c)(98)(i), and (c)(119)(i)(A), and by adding paragraph (c)(156) to
read as follows:

Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *
    (42) On February 25, 1980, the State of Ohio submitted the revised
Ohio Administrative Code (OAC) Rules 3745-35-01 through 3745-35-04
which set forth requirements for air permits to operate and variances.
These rules were adopted on September 28, 1979 and became effective in
Ohio on November

7, 1979. Rescinded in 2008; see paragraph (c)(156) of this section.
* * * * *
    (51) On October 1, 1982, and February 28, 1983 the State of Ohio
submitted revisions to Ohio Administrative Code (OAC) Rules 3745-35-03
which set forth requirements for obtaining variances. Rescinded in
2008; see paragraph (c)(156) of this section.
* * * * *
    (98) * * *
    (i) Incorporation by reference. Rule 3745-35-07, adopted November
3, 1994, effective November 18, 1994. Rescinded in 2008; see paragraph
(c)(156) of this section.
* * * * *
    (119) * * *
    (i) * * *
    (A) Ohio Administrative Code 3745-35-02, adopted April 4, 1994,
effective April 20, 1994. Rescinded in 2008; see paragraph (c)(156) of
this section.
* * * * *
    (156) On April 24, 2006, Ohio EPA submitted two permanent
exemptions from the Permit to Install program and six Permit-by-Rule
provisions for approval into its SIP. On July 18, 2008, Ohio EPA
submitted provisions for a Permit to Install and Operate (PTIO) program
and a general permit program for approval into its SIP. The changes to
Ohio's SIP involve the modification of various parts of OAC 3745-31,
the removal of OAC 3745-35, and the addition of OAC 3745-31-29 to
enable the issuance of federally enforceable general PTIs and general
PTIOs. On June 30, 2008, the state regulations to implement the PTIO
program became effective and OAC 3745-35 was rescinded.
    (i) Incorporation by reference.
    (A) Paragraph (A) of Ohio Administrative Code Rule 3745-15-03,
``Submission of emission information.'', effective June 30, 2008.
    (B) Ohio Administrative Code Rule 3745-31-01, ``Definitions.'',
effective December 14, 2007, except for paragraphs (I),
(LLL)(2)(a)(xxi), (LLL)(4)(t), and (QQQ)(1)(b).
    (C) Ohio Administrative Code Rule 3745-31-02, ``Applicability,
requirements, and obligations.'', effective June 30, 2008.
    (D) Ohio Administrative Code Rule 3745-31-03, ``Exemptions.'',
effective June 30, 2008.
    (E) Ohio Administrative Code Rule 3745-31-04, ``Applications.'',
effective June 30, 2008.
    (F) Ohio Administrative Code Rule 3745-31-05, ``Criteria for
decision by the director.'', effective June 30, 2008, except for
paragraph (A)(3)(a)(ii).
    (G) Ohio Administrative Code Rule 3745-31-06, ``Completeness
determinations, processing requirements, public participation, public
notice, and issuance.'', effective June 30, 2008.
    (H) Ohio Administrative Code Rule 3745-31-07, ``Termination,
revocation, expiration, renewal, revision and transfer.'', effective
June 30, 2008.
    (I) Ohio Administrative Code Rule 3745-31-08, ``Registration status
permit-to-operate.'', effective June 30, 2008.
    (J) Ohio Administrative Code Rule 3745-31-09, ``Variances on
operation.'', effective June 30, 2008.
    (K) Ohio Administrative Code Rule 3745-31-10, ``NSR projects at
existing emissions units at a major stationary source.'', effective
June 30, 2008.
    (L) Ohio Administrative Code Rule 3745-31-20, ``Attainment
provisions--innovative control technology.'', effective June 30, 2008.
    (M) Ohio Administrative Code Rule 3745-31-22, ``Nonattainment
provisions--conditions for approval.'', effective June 30, 2008.
    (N) Ohio Administrative Code Rule 3745-31-29, ``General permit-to-
install and general PTIO.'', effective June 30, 2008.
    (O) Ohio Administrative Code Rule 3745-31-32, ``Plantwide
applicability limit (PAL).'', effective June 30, 2008.
    (P) Ohio Administrative Code Rule 3745-31-33, ``Site preparation
activities prior to obtaining a final permit-to-install or PTIO.'',
effective June 30, 2008.
    (Q) June 2, 2008, ``Director's Final Findings and Orders'', signed
by Chris Korleski, Director, Ohio EPA.

[FR Doc. 2012-23987 Filed 9-28-12; 8:45 am]
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