[Federal Register Volume 86, Number 125 (Friday, July 2, 2021)]
[Notices]
[Pages 35285-35286]
[FR Doc No: 2021-14133]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC21-102-000.
    Applicants: Harts Mill Solar, LLC, Harts Mill TE Holdings LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act of Harts Mill Solar, LLC, et al.
    Filed Date: 6/23/21.
    Accession Number: 20210623-5136.
    Comments Due: 5 p.m. ET 7/14/21.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2421-006; ER10-2616-020; ER11-2457-006; ER11-
4400-001; ER12-75-010; ER12-1769-009; ER12-2250-007; ER12-2251-007;
ER12-2252-008; ER12-2253-007; ER14-883-014; ER14-1569-013; ER14-2245-
007; ER15-1596-013; ER15-1599-013; ER19-102-006; ER19-158-008; ER19-
2803-005; ER19-2806-005; ER19-2807-005; ER19-2809-005; ER19-2810-005;
ER19-2811-005; ER20-2414-001; ER21-353-001; ER21-354-001.
    Applicants: Energy Services Providers, Inc., Dynegy Marketing and
Trade, LLC, Massachusetts Gas & Electric, Inc., Dynegy Power Marketing,
LLC, Public Power, LLC, Everyday Energy, LLC, Everyday Energy NJ, LLC,
Public Power & Utility of NY, Inc, Public Power (PA), LLC, Public Power
& Utility of Maryland, LLC, Illinois Power Marketing Company, Dynegy
Energy Services, LLC, TriEagle Energy, LP, Luminant Commercial Asset
Management LLC, Dynegy Energy Services (East), LLC, Luminant Energy
Company LLC, Ambit Northeast, LLC, Cincinnati Bell Energy LLC,
Connecticut Gas & Electric, Inc., Energy Rewards, LLC, Viridian Energy
NY, LLC, Viridian Energy PA, LLC, Viridian Energy, LLC, Moss Landing
Energy Storage 1, LLC, Oakland Power Company LLC, Moss Landing Power
Company LLC.
    Description: Notice of Non-Material Change in Status of Energy
Services Providers, Inc, et al.
    Filed Date: 6/23/21.
    Accession Number: 20210623-5156.
    Comments Due: 5 p.m. ET 7/14/21.

    Docket Numbers: ER10-2434-011; ER10-2436-011; ER10-2467-011; ER17-
1666-008.
    Applicants: Fenton Power Partners I, LLC.
    Description: Triennial Market Power Analysis for Central Region of
Fenton Power Partners I, LLC, et al.
    Filed Date: 6/23/21.
    Accession Number: 20210623-5139.
    Comments Due: 5 p.m. ET 8/23//21.

    Docket Numbers: ER10-2606-014; ER17-815-003; ER17-816-003.
    Applicants: Consolidated Water Power Company, Verso Escanaba LLC,
Verso Luke LLC.
    Description: Triennial Market Power Analysis for Central Region of
Consolidated Water Power Company, et al.
    Filed Date: 6/24/21.
    Accession Number: 20210624-5051.
    Comments Due: 5 p.m. ET 8/23/21.

    Docket Numbers: ER21-1525-001.
    Applicants: Centerfield Cooper Solar, LLC.
    Description: Tariff Amendment: Response to Deficiency Letter in
Docket ER21-1525 to be effective 3/27/2021.
    Filed Date: 6/23/21.
    Accession Number: 20210623-5120.
    Comments Due: 5 p.m. ET 7/14/21.

    Docket Numbers: ER21-2182-000.
    Applicants: Wisconsin Power and Light Company.
    Description: Request for Prospective, Limited Waiver, et. al. of
Wisconsin Power and Light Company.
    Filed Date: 6/22/21.
    Accession Number: 20210622-5145.
    Comments Due: 5 p.m. ET 7/6/21.

    Docket Numbers: ER21-2192-000.
    Applicants: Sempra Gas & Power Marketing, LLC.
    Description: Application to Recover Fuel Procurement Costs of
Sempra Gas & Power Marketing, LLC.
    Filed Date: 6/18/21.
    Accession Number: 20210618-5140.
    Comments Due: 5 p.m. ET 7/9/21.

    Docket Numbers: ER21-2193-000.
    Applicants: San Diego Gas & Electric Company.
    Description: Application to Recover Fuel Costs of San Diego Gas &
Electric Company.
    Filed Date: 6/23/21.
    Accession Number: 20210623-5140.
    Comments Due: 5 p.m. ET 7/14/21.

    Docket Numbers: ER21-2194-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3127R4 Montana-Dakota
Utilities Co. NITSA NOA to be effective 6/1/2021.
    Filed Date: 6/24/21.
    Accession Number: 20210624-5029.
    Comments Due: 5 p.m. ET 7/15/21.

    Docket Numbers: ER21-2195-000.
    Applicants: NorthWestern Corporation.
    Description: Tariff Cancellation: Cancellation of SA 893--Firm PTP
TSA with Energy Keepers, Inc. to be effective 9/1/2021.
    Filed Date: 6/24/21.
    Accession Number: 20210624-5030.
    Comments Due: 5 p.m. ET 7/15/21.

    Docket Numbers: ER21-2196-000.
    Applicants: RE Slate 1 LLC.
    Description: Sec.  205(d) Rate Filing: Certificate of Concurrence
for Amended and Restated Shared Facilities Agreement to be effective 6/
25/2021.
    Filed Date: 6/24/21.
    Accession Number: 20210624-5038.
    Comments Due: 5 p.m. ET 7/15/21.

    Docket Numbers: ER21-2197-000.
    Applicants: New York Independent System Operator, Inc., Power
Authority of the State of New York.
    Description: Sec.  205(d) Rate Filing: Joint 205 EPCA among the
NYISO, NYPA and NY Transco segment B SA no. 2622 to be effective 6/11/
2021.
    Filed Date: 6/24/21.
    Accession Number: 20210624-5047.
    Comments Due: 5 p.m. ET 7/15/21.

    Docket Numbers: ER21-2198-000.
    Applicants: Avista Corporation.
    Description: Sec.  205(d) Rate Filing: Revised Transmission
Rates_AVA OATT to be effective 10/1/2021.
    Filed Date: 6/24/21.
    Accession Number: 20210624-5050.
    Comments Due: 5 p.m. ET 7/15/21.

    Docket Numbers: ER21-2199-000.

    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA/CSA,
Service Agreement Nos. 5861 and 5862; Queue No. AB2-070 to be effective
12/1/2020.
    Filed Date: 6/24/21.
    Accession Number: 20210624-5059.
    Comments Due: 5 p.m. ET 7/15/21.

    Docket Numbers: ER21-2200-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: ESM Const Agmt Elektron
Solar 25 YR to be effective 6/25/2021.
    Filed Date: 6/24/21.
    Accession Number: 20210624-5063.
    Comments Due: 5 p.m. ET 7/15/21.

    Docket Numbers: ER21-2201-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2021-06-24_SA 3478 Dairyland
Power-Fillmore County Solar 1st Rev GIA (J718) to be effective 6/15/
2021.
    Filed Date: 6/24/21.
    Accession Number: 20210624-5064.
    Comments Due: 5 p.m. ET 7/15/21.

    Docket Numbers: ER21-2202-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA, Service
Agreement No. 2515; Queue No. U2-090 to be effective 5/5/2010.
    Filed Date: 6/24/21.
    Accession Number: 20210624-5067.
    Comments Due: 5 p.m. ET 7/15/21.

    Docket Numbers: ER21-2203-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Tariff Revisions Regarding
Interconnection Deficiency Review Requirements to be effective 8/23/
2021.
    Filed Date: 6/24/21.
    Accession Number: 20210624-5068.
    Comments Due: 5 p.m. ET 7/15/21.

    Docket Numbers: ER21-2204-000.
    Applicants: ENGIE Power & Gas LLC.
    Description: Compliance filing: Notice of Succession Refiling under
ER21-1933 to be effective 5/17/2021.
    Filed Date: 6/24/21.
    Accession Number: 20210624-5076.
    Comments Due: 5 p.m. ET 7/15/21.

    Docket Numbers: ER21-2205-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEPTX--SP-Peregrine Solar
Interconnection Agreement to be effective 6/19/2021.
    Filed Date: 6/24/21.
    Accession Number: 20210624-5103.
    Comments Due: 5 p.m. ET 7/15/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 24, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-14133 Filed 7-1-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 184 (Thursday, September 22, 2011)]
[Notices]
[Page 58820]
[FR Doc No: 2011-24323]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4020-DR; Docket ID FEMA-2011-0001]

New York; Amendment No. 9 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of New York (FEMA-4020-DR), dated August 31, 2011, and
related determinations.

DATES: Effective Date: September 14, 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: The notice of a major disaster declaration
for the State of New York is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of August 31, 2011.

    Herkimer County for Individual Assistance.
    Franklin, Hamilton, and Herkimer Counties for Public Assistance,
including direct Federal assistance.

    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. 2011-24323 Filed 9-21-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 87, Number 197 (Thursday, October 13, 2022)]
[Rules and Regulations]
[Pages 61963-61966]
[FR Doc No: 2022-22320]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1249; Project Identifier MCAI-2022-01159-T;
Amendment 39-22203; AD 2022-21-04]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A321-251NX, -252NX, -253NX, -271NX, and -272NX
airplanes. This AD was prompted by a report of an un-commanded escape
slide release during flight due to a blockage of one of the system
venting features. This AD requires modification of affected reservoirs,
and limits the installation of affected reservoirs, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is incorporated
by reference. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD becomes effective October 28, 2022.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 28,
2022.
    The FAA must receive comments on this AD by November 28, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1249; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.

Material Incorporated by Reference

     For EASA material incorporated by reference in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu.
     For Safran service information identified in this final
rule, contact Safran Aerosystems Evacuation, 1747 State Route 34, Wall
Township, NJ 07727-3935; telephone<PHONE_NUMBER>; website safran-group.com/companies/safran-aerosystems-evacuation.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov under Docket No. FAA-2022-1249.

FOR FURTHER INFORMATION CONTACT: Manuel F. Hernandez, Aerospace
Engineer, Large Aircraft Section, FAA, International Validation Branch,
2200 South 216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-1249; Project Identifier MCAI-
2022-01159-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Manuel
F Hernandez, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
phone<PHONE_NUMBER>; email [email protected]. Any commentary
that the FAA receives which is not specifically designated as CBI will
be placed in the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0176, dated August 24, 2022, to
correct an unsafe condition for all Airbus SAS Model A321-251NX, -
252NX, -253NX, -271NX, and -272NX airplanes. The MCAI states an
occurrence has been reported of an un-commanded door 3 escape slide
release during flight. An accumulation of gas, leaking from the
reservoir regulator valve, initiated the slide enclosure door panel
release and liberation of the slide in a non-inflated condition.
Further investigation also determined that the most probable root cause
of both panel and slide inflatable assembly release in flight is the
blockage of one of the system venting features. Results from the
preliminary investigation, however, show that the reservoir regulator
valve outlet port orifice was unable to function properly with the
protective cover installed, resulting in venting malfunction. This
condition, if not detected and corrected, could lead to deployment in
flight of a non-inflated slide, possibly resulting in reduced control
of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1249.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0176 specifies procedures to modify affected
reservoirs by removing the orifice protective cover. EASA AD 2022-0176
also limits the installation of affected parts under certain
conditions.
    Safran Service Bulletin A321 005-25-37, dated August 1, 2022; and
Safran Service Bulletin A321 005-25-38, dated August 1, 2022; specify
procedures for modifying the reservoir regulator valve outlet port
orifice and identifies affected serial numbers. These documents are
distinct since they apply to different part/serial numbers.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
described above. The FAA is issuing this AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD
2022-0176 described previously, except for any differences identified
as exceptions in the regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to

use some civil aviation authority (CAA) ADs as the primary source of
information for compliance with requirements for corresponding FAA ADs.
The FAA has been coordinating this process with manufacturers and CAAs.
As a result, EASA AD 2022-0176 is incorporated by reference in this AD.
This AD requires compliance with EASA AD 2022-0176 in its entirety
through that incorporation, except for any differences identified as
exceptions in the regulatory text of this AD. Using common terms that
are the same as the heading of a particular section in EASA AD 2022-
0176 does not mean that operators need comply only with that section.
For example, where the AD requirement refers to ``all required actions
and compliance times,'' compliance with this AD requirement is not
limited to the section titled ``Required Action(s) and Compliance
Time(s)'' in EASA AD 2022-0176. Service information required by EASA AD
2022-0176 for compliance will be available at regulations.gov under
Docket No. FAA-2022-1249 after this AD is published.

Interim Action

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

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because a malfunctioning reservoir regulator valve outlet port orifice
could result in a venting malfunction, and lead to deployment in flight
of a non-inflated slide, possibly resulting in reduced control of the
airplane. Accordingly, notice and opportunity for prior public comment
are impracticable and contrary to the public interest pursuant to 5
U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 127 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                               Cost per
                Labor cost                    Parts cost        product            Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170........              $0            $170  Up to $21,590.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.

Authority for This Rulemaking

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

Regulatory Findings

    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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

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:

2022-21-04 Airbus SAS Airplanes: Amendment 39-22203; Docket No. FAA-
2022-1249; Project Identifier MCAI-2022-01159-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 28, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A321-251NX, -252NX, -
253NX, -271NX, and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.

(e) Unsafe Condition

    This AD was prompted by a report of an un-commanded door 3
escape slide release during flight due to a blockage of one of the
system venting features. The FAA is issuing this AD to address a
malfunctioning reservoir regulator valve outlet port orifice, which
could result in a venting malfunction and lead to deployment in
flight of a non-inflated slide, possibly resulting in reduced
control of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0176, dated August 24, 2022 (EASA AD 2022-0176).

(h) Exceptions to EASA AD 2022-0176

    (1) Where EASA AD 2022-0176 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0176 defines an affected part, for this
AD, an affected part is defined as a reservoir having a part number
as specified in EASA AD 2022-0176 and a serial number identified in
Safran Service Bulletin A321 005-25-37, dated August 1, 2022, or
Safran Service Bulletin A321 005-25-38, dated August 1, 2022.

 (i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (j) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information referenced
in EASA AD 2022-0176 that contains paragraphs that are labeled as
RC, the instructions in RC paragraphs, including subparagraphs under
an RC paragraph, must be done to comply with this AD; any
paragraphs, including subparagraphs under those paragraphs, that are
not identified as RC are recommended. The instructions in
paragraphs, including subparagraphs under those paragraphs, not
identified as RC may be deviated from using accepted methods in
accordance with the operator's maintenance or inspection program
without obtaining approval of an AMOC, provided the instructions
identified as RC can be done and the airplane can be put back in an
airworthy condition. Any substitutions or changes to instructions
identified as RC require approval of an AMOC.

(j) Additional Information

    For more information about this AD, contact Manuel F. Hernandez,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference 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) European Union Aviation Safety Agency (EASA) AD 2022-0176,
dated August 24, 2022.
    (ii) Safran Service Bulletin A321 005-25-37, dated August 1,
2022.
    (iii) Safran Service Bulletin A321 005-25-38, dated August 1,
2022.
    (3) For EASA AD 2022-0176, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) For Safran service information, contact Safran Aerosystems
Evacuation, 1747 State Route 34, Wall Township, NJ 07727-3935;
telephone<PHONE_NUMBER>; website safran-group.com/companies/safran-aerosystems-evacuation.
    (5) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (6) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-22320 Filed 10-11-22; 11:15 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Notices]
[Pages 18330-18331]
[FR Doc No: 2013-06816]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commission Staff Attendance

    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that members of the Commission's staff may attend the following
joint stakeholder meeting related to the transmission planning
activities of PJM Interconnection, L.L.C. (PJM), Independent System
Operator New England, Inc. (ISO-NE), and New York Independent System
Operator, Inc. (NYISO):
    Inter-Regional Planning Stakeholder Advisory Committee--New York/
New England;
    March 20, 2013, 8:00 a.m.-11:00 a.m., Local Time.
    The above-referenced meeting will be held over conference call.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at www.pjm.com.
    The discussions at the meeting described above may address matters
at issue in the following proceedings:

Docket No. ER08-1281, New York Independent System Operator, Inc.
Docket No. EL05-121, PJM Interconnection, L.L.C.
Docket No. EL10-52, Central Transmission, LLC v. PJM Interconnection,
L.L.C.
Docket No. ER10-253 and EL10-14, Primary Power, L.L.C.
Docket No. EL12-69, Primary Power LLC v. PJM Interconnection, L.L.C.
Docket No. ER11-1844, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER12-1178, PJM Interconnection, L.L.C.
Docket No. ER13-90, Public Service Electric and Gas Company and PJM
Interconnection, L.L.C.

Docket No. ER13-102-000, New York Independent System Operator, Inc.
Docket No. ER13-193-000, ISO New England Inc.
Docket No. ER13-195, Indicated PJM Transmission Owners
Docket No. ER13-196-000, ISO New England Inc.
Docket No. ER13-198, PJM Interconnection, L.L.C
Docket No. ER13-397, PJM Interconnection, L.L.C.
Docket No. ER13-673, PJM Interconnection, L.L.C
Docket No. ER13-703, PJM Interconnection, L.L.C.
Docket No. ER13-887, PJM Interconnection, L.L.C.
Docket No. ER13-1052, PJM Interconnection, L.L.C. and the Midwest
Independent Transmission System Operator, Inc.

    For more information, contact Jonathan Fernandez, Office of Energy
Market Regulation, Federal Energy Regulatory Commission at (202) 502-
6604 or<EMAIL_ADDRESS>
    Dated: March 19, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-06816 Filed 3-25-13; 8:45 am]
BILLING CODE 6717-01-P


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<META name="creation-date" content="24/05/2008 07:06:57 ">
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[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Rules and Regulations]
[Pages 47-51]
[FR Doc No: 2013-31250]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0563; FRL-9904-89-Region 4]

Approval and Promulgation of Implementation Plans; North
Carolina: Non-Interference Demonstration for Removal of Federal Low-
Reid Vapor Pressure Requirement for the Raleigh-Durham-Chapel Hill Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving the State of North Carolina's March 27, 2013,
State Implementation Plan (SIP) revision to the State's approved
Maintenance Plan for the Raleigh-Durham-Chapel Hill 1997 8-hour Ozone
Maintenance Area (Triangle Area). Specifically, North Carolina's
revision, including updated modeling, shows that the Triangle Area
would continue to maintain the 1997 8-hour ozone standard if the
currently applicable Federal Reid Vapor Pressure (RVP) standard for
gasoline of 7.8 pounds per square inch (psi) were modified to 9.0 psi
for three portions (Wake and Durham Counties, and a portion of
Granville County) of the Triangle Area during the high-ozone season.
The State included a technical demonstration with the revision to
demonstrate that the less-stringent RVP standard of 9.0 psi in these
areas would not interfere with continued maintenance of the 1997 8-hour
Ozone National Ambient Air Quality Standards (NAAQS) or any other
applicable standard. Approval of this SIP revision is a prerequisite
for EPA's consideration of an amendment to the regulations to remove
the aforementioned portions of the Triangle Area from the list of areas
that are currently subject to the Federal 7.8 psi RVP requirements. In
addition, EPA is also approving changes to the motor vehicle emission
budgets (MVEBs) used in the 1997 8-hour ozone maintenance plan for the
Triangle Area. EPA has determined that North Carolina's March 27, 2013,
SIP revision with respect to the modeling changes and associated
technical demonstration, and with respect to the updated MVEBs, is
consistent with the applicable provisions of the Clean Air Act (CAA or
Act). Should EPA decide to remove the subject portions of the Triangle
Area from those areas subject to the 7.8 psi Federal RVP requirements,
such action will occur in a subsequent rulemaking.

DATES: This rule will be effective on February 3, 2014.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2013-0563. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 to 4:30 excluding federal
holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street

SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-
9043. Mr. Lakeman can be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background of the Triangle Area
II. Background of the Gasoline Volatility Requirement
III. Background of Mobile Source Inventories and Motor Vehicle
Emission Budgets Update
IV. This Action
V. Final Action
VI. Statutory and Executive Order Reviews

I. Background of the Triangle Area

    In 1991, the Triangle Area was designated as a moderate
nonattainment area pursuant to the 1-hour ozone NAAQS. See 56 FR 56694
(November 6, 1991). Under the 1-hour ozone NAAQS, the Triangle
nonattainment area was composed of Durham and Wake Counties, and the
Dutchville Township portion of Granville County. Among the requirements
applicable to nonattainment areas for the 1-hour ozone NAAQS was the
requirement to meet certain volatility standards (known as Reid Vapor
Pressure or RVP) for gasoline sold commercially. See 55 FR 23658 (June
11, 1990). As part of the RVP requirements associated with its
nonattainment designation, gasoline sold in the Triangle 1-hour
nonattainment area could not exceed 7.8 psi RVP during the high-ozone
season months.
    Following implementation of the 7.8 psi RVP requirement in the
Triangle Area, on April 18, 1994, the Area was redesignated to
attainment for the 1-hour ozone standard, based on 1989-1992 ambient
air quality monitoring data. See 59 FR 18300. North Carolina's
redesignation request for the 1-hour ozone Triangle Area did not,
however, include a request for the Area to be removed from the list of
areas subject to the 7.8 psi RVP standard. As such, the 7.8 RVP
requirement remained in place for Durham and Wake Counties, and the
Dutchville Township portion of Granville County when the Triangle Area
was designated nonattainment for the 1997 8-hour ozone NAAQS. Under the
1997 8-hour ozone NAAQS, the Triangle Area was expanded from Durham and
Wake Counties, and the Dutchville Township portion of Granville County
to also include Franklin, Johnston, Orange, and Person Counties, the
remainder of Granville County and Baldwin, Center, New Hope and
Williams Townships in Chatham County. See 69 FR 23857 (April 30, 2004).
In 2007, the Triangle Area was redesignated to attainment for the 1997
8-hour ozone NAAQS. See 72 FR 72948, (December 26, 2007). The Triangle
Area was later designated as attainment for the 2008 8-hour ozone
NAAQS. See 77 FR 30088 (May 21, 2012).

II. Background of the Gasoline Volatility Requirement

    On August 19, 1987 (52 FR 31274), EPA determined that gasoline
nationwide had become increasingly volatile, causing an increase in
evaporative emissions from gasoline-powered vehicles and equipment.
Evaporative emissions from gasoline, referred to as volatile organic
compounds (VOC), are precursors to the formation of tropospheric ozone
and contribute to the nation's ground-level ozone problem. Exposure to
ground-level ozone can reduce lung function (thereby aggravating asthma
or other respiratory conditions), increase susceptibility to
respiratory infection, and may contribute to premature death in people
with heart and lung disease.
    The most common measure of fuel volatility that is useful in
evaluating gasoline evaporative emissions is RVP. Under section 211(c)
of CAA, EPA promulgated regulations on March 22, 1989 (54 FR 11868),
that set maximum limits for the RVP of gasoline sold during the high
ozone season. These regulations constituted Phase I of a two-phase
nationwide program, which was designed to reduce the volatility of
commercial gasoline during the high ozone season. On June 11, 1990 (55
FR 23658), EPA promulgated more stringent volatility controls as Phase
II of the volatility control program. These requirements established
maximum RVP standards of 9.0 psi or 7.8 psi (depending on the State,
the month, and the area's initial ozone attainment designation with
respect to the 1-hour ozone NAAQS during the high ozone season).
    The 1990 CAA Amendments established a new section, 211(h), to
address fuel volatility. Section 211(h) requires EPA to promulgate
regulations making it unlawful to sell, offer for sale, dispense,
supply, offer for supply, transport, or introduce into commerce
gasoline with an RVP level in excess of 9.0 psi during the high ozone
season. Section 211(h) prohibits EPA from establishing a volatility
standard more stringent than 9.0 psi in an attainment area, except that
EPA may impose a lower (more stringent) standard in any former ozone
nonattainment area redesignated to attainment.
    On December 12, 1991 (56 FR 64704), EPA modified the Phase II
volatility regulations to be consistent with section 211(h) of the CAA.
The modified regulations prohibited the sale of gasoline with an RVP
above 9.0 psi in all areas designated attainment for ozone, beginning
in 1992. For areas designated as nonattainment, the regulations
retained the original Phase II standards published on June 11, 1990 (55
FR 23658).
    As stated in the preamble to the Phase II volatility controls and
reiterated in the proposed change to the volatility standards published
in 1991, EPA will rely on states to initiate changes to EPA's
volatility program that they believe will enhance local air quality
and/or increase the economic efficiency of the program within the
limits of CAA section 211(h).\1\ In those rulemakings, EPA explained
that the Governor of a State may petition EPA to set a volatility
standard less stringent than 7.8 psi for some month or months in a
nonattainment area. The petition must demonstrate such a change is
appropriate because of a particular local economic impact and that
sufficient alternative programs are available to achieve attainment and
maintenance of the 1-hour ozone NAAQS. A current listing of the RVP
requirements for states can be found on EPA's Web site at: http://www.epa.gov/otaq/fuels/gasolinefuels/volatility/standards.htm.
---------------------------------------------------------------------------

    \1\ See 55 FR 23658 (June 11, 1990), 56 FR 24242 (May 29, 1991)
and 56 FR 64704 (Dec. 12, 1991).
---------------------------------------------------------------------------

    As explained in the December 12, 1991 (56 FR 64704), Phase II
rulemaking, EPA believes that relaxation of an applicable RVP standard
in a nonattainment area is best accomplished in conjunction with the
redesignation process. In order for an ozone nonattainment area to be
redesignated as an attainment area, section 107(d)(3) of the Act
requires the state to make a showing, pursuant to section 175A of the
Act, that the area is capable of maintaining attainment for the ozone
NAAQS for ten years after redesignation. Depending on the area's
circumstances, this maintenance plan will either demonstrate that the
area is capable of maintaining attainment for ten years without the
more stringent volatility standard or that the more stringent
volatility standard may be necessary for the area to maintain its
attainment with the ozone NAAQS. Therefore, in the context of a request
for redesignation, EPA will not relax the volatility standard unless
the state requests a relaxation and the maintenance plan demonstrates,
to the satisfaction of EPA, that the area will maintain attainment for
ten years without the need for the more stringent

volatility standard. As noted above, however, North Carolina did not
request relaxation of the applicable 7.8 psi RVP standard when the
Triangle Area was redesignated to attainment for the either the 1-hour
or the 1997 8-hour ozone NAAQS. Rather, North Carolina is now seeking
to relax the 7.8 psi RVP standard after the Triangle Area has been
redesignated to attainment for the 1997 8-hour ozone NAAQS.
Accordingly, the original modeling and maintenance demonstration
supporting the 1997 8-hour ozone maintenance plan must be revised to
reflect continued attainment under the relaxed 9.0 psi RVP standard
that the State has requested.

III. Background of Mobile Source Inventories and Motor Vehicle Emission
Budgets Update

    On June 7, 2007, the State of North Carolina, through NC DENR,
submitted a final request for EPA to: (1) Redesignate the Triangle Area
to attainment for the 1997 8-hour ozone standard; and (2) approve a
North Carolina SIP revision containing a maintenance plan for the
Triangle Area. On December 26, 2007 (72 FR 72948), EPA approved the
redesignation request for the Triangle Area. Additionally, EPA approved
the 1997 8-hour ozone maintenance plan including nitrogen oxides
(NOX) MVEBs for the Triangle Area.\2\ These approvals were
based on EPA's determination that the State of North Carolina had
demonstrated that the Triangle Area met the criteria for redesignation
to attainment specified in the CAA, including the determination that
the entire Triangle Area had attained the 1997 8-hour ozone NAAQS.
---------------------------------------------------------------------------

    \2\ In the December 26, 2007, final rule EPA also approved NC
DENR's determination that on-road emissions of VOC are insignificant
for transportation conformity purposes. We are not addressing that
insignificance finding in today's rule.
---------------------------------------------------------------------------

    At the time of original redesignation request, the on-road motor
vehicle inventory was generating by the MOBILE6.2 model, which at the
time was the current MVEB model. The change to the maintenance plan
discussed above includes a MVEB generated by the MOVES model which has
since replaced the MOBILE6.2 model. In addition, the model used to
calculate the original non-road inventory (NONROAD2005c) has also since
been updated by a new non-road inventory model (NONROAD2008a).
    As a result of these new models and the revised emission associated
with a relaxed RVP standard, the safety margin \3\ calculations
provided in the revised maintenance plan have changes from the previous
margins included with the original maintenance plan. Therefore, North
Carolina's revision includes a reallocation of the safety margin to the
NOX MVEB based upon the revised calculations.
---------------------------------------------------------------------------

    \3\ A safety margin is the difference between the attainment
level of emissions from all source categories (i.e., point, area,
and mobile) and the projected level of emissions from all source
categories. The State may choose to allocate some of the safety
margin to the MVEBs, for transportation conformity purposes, so long
as the total level of emissions from all source categories remains
equal to or less than the attainment level of emissions. (40 CFR
93.124(a)).
---------------------------------------------------------------------------

    NC DENR is currently allocating portions of the available safety
margin to the MVEBs to allow for unanticipated vehicle miles traveled
growth as well as changes to future vehicle mix assumptions that
influence the emission estimations. A total of 14,396 kilograms (kg)
(15.87 tons per day (tpd)) and 13,563 kg (14.95 tpd) from the available
NOX safety margins in 2008 and 2017, respectively, were
added to the MVEBs for the Triangle Area.

IV. This Action

    On October 30, 2013 (78 FR 64896), EPA proposed approval of North
Carolina's March 27, 2013, revision to the State's approved 1997 8-hour
ozone maintenance plan for the Triangle Area. Specifically, North
Carolina's revision, including updated modeling, shows that the
Triangle Area would continue to maintain the 1997 8-hour ozone standard
if the currently applicable RVP standard for gasoline of 7.8 psi were
modified to 9.0 psi during the high-ozone season. In addition, the
revision included changes to the MVEBs used in the 1997 8-hour ozone
maintenance plan for the Triangle Area. No adverse comments were
received on this proposed action and EPA is hereby finalizing approval
of the revision.
    The Triangle Area is currently designated attainment for the 1997
8-hour ozone NAAQS. The Area was redesignated from nonattainment of the
1997 8-hour ozone NAAQS on December 26, 2007. See 72 FR 72948. This
rulemaking approves a revision to the 1997 8-hour ozone Maintenance
Plan for the Triangle Area submitted by the NC DENR. Specifically, EPA
is approving changes to the maintenance plan, including updated
modeling, that shows that the Triangle Area can continue to maintain
the 1997 ozone standard without reliance on emission reductions based
upon the use of gasoline with an RVP of 7.8 psi in any of the Triangle
Area counties during the high ozone season--June 1 through September
15. EPA is also concluding that the new modeling demonstrates that the
Triangle Area would continue to attain the 1997 8-hour ozone standard
with the use of gasoline with an RVP of 9.0 psi throughout the Triangle
Area during the high ozone season. Consistent with section 110(l) of
the Act, EPA also concludes that the use of gasoline with an RVP of 9.0
psi throughout the Maintenance Plan Areas during the high ozone season
would not interfere with other applicable requirements of the Act.
    Section 110(l) requires that a revision to the SIP not interfere
with any applicable requirement concerning attainment and reasonable
further progress (as defined in section 171), or any other applicable
requirement of the Act. Because the modeling associated with the
current maintenance plan for North Carolina is premised in part upon
the 7.8 psi RVP requirements, a request to revise the maintenance plan
modeling to no longer rely on the 7.8 psi RVP requirement is subject to
the requirements of CAA section 110(l). Therefore, the State must
demonstrate that this revision will not interfere with the attainment
or maintenance of any of the NAAQS or any other applicable requirement
of the CAA.
    This section 110(l) non-interference demonstration is a case-by-
case determination based upon the circumstances of each SIP revision.
EPA interprets 110(l) as applying to all NAAQS that are in effect,
including those that have been promulgated but for which the EPA has
not yet made designations. The specific elements of the 110(l) analysis
contained in the SIP revision depend on the circumstances and emissions
analyses associated with that revision. EPA's analysis of North
Carolina's March 27, 2013, SIP revision, including review of section
110(l) requirements can be found in the proposed rule published on
October 30, 2013, at 78 FR 64896.
    This rulemaking approves the State's revision to its existing
maintenance plan for the Triangle Area demonstrating that the Area can
continue to maintain the standard without relying upon gasoline with an
RVP of 7.8 psi being sold in the Triangle area during the high ozone
season. Consistent with CAA section 211(h) and the Phase II volatility
regulations a separate rulemaking is required for relaxation of the
current requirement to use gasoline with an RVP of 7.8 psi in the
Triangle Area.\4\

Additionally, the new modeling conducted by North Carolina to account
for the requested relaxation of the applicable RVP standard in a
portion of the Triangle Area also results in changes to the safety
margin associated with the maintenance plan.\5\ As such, the North
Carolina revision includes a reallocation of the safety margin among
the NOx MVEBs for the Triangle Area, which EPA is also
approving today.
---------------------------------------------------------------------------

    \4\ The decision regarding removal of Federal RVP requirements
pursuant to section 211(h) in the Triangle Area includes other
considerations evaluated at the discretion of the Administrator. As
such, the determination regarding whether to remove the Area from
those areas subject to the section 211(h) requirements is made
through a separate rule making action.
    \5\ In addition to a less stringent RVP standard, the new
modeling also utilizes updated models for on-road and off-road
mobile emission sources.
---------------------------------------------------------------------------

V. Final Action

    EPA is approving the State of North Carolina's March 27, 2013,
revision to its Maintenance Plan for the Triangle 1997 8-hour Ozone
Maintenance Area. Specifically, EPA is approving the State's showing
that the Triangle Area can continue to maintain the 1997 ozone standard
without emissions reductions associated with the use of 7.8 psi RVP
gasoline in the three portions of the Triangle Area currently subject
to the 7.8 psi RVP standard during the high ozone season--June 1
through September 15.
    EPA is approving the revised and updated modeling submitted by the
State, which shows that the Triangle Area can continue to maintain the
1997 ozone standard if the applicable RVP standard in the three
portions of the Triangle Area. EPA is also approving the revised
NOX MVEBs for 2008 and 2017 including the revised and
reallocated safety margin among the NOX MVEBs for the
Triangle Area.
    EPA has determined that North Carolina's March 27, 2013, SIP
revision, including the technical demonstration associated with the
State's request for the removal of the Federal RVP requirements, and
the updated MVEBs are consistent with the applicable provisions of the
CAA. Should EPA decide to remove the subject portions of the Triangle
Area from those areas subject to the 7.8 psi Federal RVP requirements,
such action will occur in a separate, subsequent rulemaking.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submittal 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 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, October 7, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 3, 2014. 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. 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, Lead, Nitrogen dioxide,
Reporting and recordkeeping requirements and Volatile organic
compounds.

    Dated: December 18, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.

    40 CFR part 52, is amended as follows:

PART 52--[APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS]

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

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

Subpart II--North Carolina

0
2. Section 52.1770(e), is amended by adding a new entry for
``Supplement Maintenance Plan for the Raleigh-Durham-Chapel Hill, NC
1997 8-hour Ozone Maintenance Area.'' at the end of the table to read
as follows:

Sec.  52.1770  Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                         State       EPA approval      Federal Register
             Provision              effective date       date              citation             Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Supplement Maintenance Plan for          3/27/2013          1/2/14  [Insert citation of    .....................
 the Raleigh-Durham-Chapel Hill,                                     publication].
 NC 1997 8-hour Ozone Maintenance
 Area and RVP Standard.
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[FR Doc. 2013-31250 Filed 12-31-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 16, 2009 (Volume 74, Number 199)]
[Notices]
[Page 53286-53288]
[DOCID:fr16oc09-111]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2008-0017]

Voluntary Private Sector Accreditation and Certification
Preparedness Program

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Homeland Security (DHS) announces its intent
to select standards for adoption in the Voluntary Private Sector
Accreditation and Certification Preparedness Program (``PS-Prep'').
This notice (1) finalizes the criteria to be used in selecting
standards for the PS-Prep Program; (2) discusses the prospective
adoption of the three identified standards, including (a) the approach
for collaboration with the Critical Infrastructure and Key Resources
(CIKR) sectors and (b) considerations for small business in the
adoption of the three identified standards; and (3) poses specific
questions for which comment is sought. Although DHS intends to select
only the three identified preparedness standards at this time, DHS may
select additional standards in the future.
    Instructions: DHS will accept comments on PS-Prep and these
standards at any time, and comments will be considered as they are
received. Within 30 days after publication of this notice, DHS requests
comments regarding the adoption of the standard selections or any other
similar standard that satisfies the Target Criteria presented in the
December 24, 2008 notice (73 FR 79140). Those interested may submit
comments, identified by Docket ID FEMA-2008-0017, by one of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. (Note: This process
applies to all government requests for comments--even though as in the
case of PS-Prep, they may not be for regulatory purposes.)
     E-mail<EMAIL_ADDRESS>Include Docket ID FEMA-2008-
0017 in the subject line of the message.
     Fax:<PHONE_NUMBER>.
     Mail/Hand Delivery/Courier: Office of Chief Counsel,
Federal Emergency Management Agency, 500 C Street, SW., Room 840,
Washington, DC 20472-3100.
    All submissions received must include the agency name and Docket ID
FEMA-2008-0017. All submissions will be posted, without change, to the
Federal eRulemaking Portal at http://www.regulations.gov, and will
include any personal information you provide. Because comments are made
available to the public, submitters should take caution to not include
any sensitive, personal information, trade secret, or any commercial or
financial information which is obtained from any person and which is
deemed privileged or confidential. Submitters may wish to read the
Privacy Act Notice available on the Privacy and Use Notice link on the
Administration Navigation Bar of http:// www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments received, go to the Federal eRulemaking Portal at http://
www.regulations.gov. Submitted comments may also be inspected at FEMA,
Office of Chief Counsel, 500 C Street, SW., Room 840, Washington, DC
20472.
    Availability of the Identified Standards: The three identified
standards are available in two ways in

addition to being available on the individual Web sites of the three
respective standards development organizations (SDOs).
    1. FEMA will maintain copies of the standards proposed under this
notice and make them available upon request for viewing in person at
FEMA's reading room, located at 500 C Street SW., Room 835, Washington,
DC 20472. Due to licensing and copyright restrictions, however, these
documents will be available for review only, not for copying.
    2. FEMA's PS-Prep Web site, http://www.fema.gov/privatesector/
preparedness, contains links to the Web sites for each of the three
SDOs. Each of these SDOs is making its standards available through this
link for inspection, downloading, and printing, especially for the PS-
Prep Program. Through the above link, the National Fire Protection
Association and the American Society for Industrial Security have made
NFPA 1600 and ASIS SPC 1-2009, respectively, available at no cost. Also
through this link, the British Standards Institution has made the U.S.
editions of BS25999-1 and BS25999-2 available for a reduced fee of
$19.99 each. At DHS's request, the British Standards Institution
reduced its regular fee for BS25999-1 from $132.00 to $19.99, and its
regular fee for BS25999-2 from $152.00 to $19.99, for the comment
period.

FOR FURTHER INFORMATION CONTACT: Mr. Donald Grant, Incident Management
Systems Integration Division, National Preparedness Directorate,
National Integration Center, 500 C Street, SW., Washington, DC 20472.
Phone:<PHONE_NUMBER> or e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In the ``Implementing Recommendations of the 9/11 Commission Act of
2007'' (Pub. L. 110-53), Congress mandated DHS to establish a voluntary
private sector preparedness accreditation and certification program.
This program, now known as ``PS-Prep,'' will assess whether a private
sector entity complies with one or more voluntary preparedness
standards adopted by DHS, through a system of accreditation and
certification developed by DHS in close coordination with the private
sector.
    DHS published a notice in the Federal Register on December 24,
2008, requesting comment on a voluntary private sector preparedness
accreditation and certification program (``PS-Prep''), target criteria
for voluntary preparedness standards under the program, and
recommendations for standards. See 73 FR 79140. DHS also held two
public meetings, on January 13 and February 23, 2009, and had other
interaction with stakeholders, to obtain comments on standards that DHS
should approve under PS-Prep. DHS has considered the information
gathered through these channels in the identification of the three
standards discussed in this notice and further development of the PS-
Prep Program.

II. Elements Considered in the Evaluation of Standards for Selection

    On December 24, 2008, DHS published and sought public comment on
its proposed target criteria for preparedness standards. Upon review of
comments, DHS has determined the target criteria are appropriate,
valid, and consistent with the DHS mission and the goals of PS-Prep
Program. DHS, therefore, will adopt standards based on the target
criteria as previously listed.

III. Intent To Adopt Three Initial Standards for the PS-Prep Program

    Based on public comments, the suitability of standards considered
to accomplish the purposes of the PS-Prep Program, and coverage of the
target criteria, DHS intends to adopt the following three standards.
Although the focus of each standard may be slightly different, each
meets the spirit and intent of Public Law 110-53, which defines
``voluntary preparedness standards'' as a ``* * * common set of
criteria for preparedness, disaster management, emergency management,
and business continuity programs. * * *'' These standards were chosen
because, among other things, they meet the target criteria and are not
industry specific.
    1. NFPA 1600--Standard on Disaster/Emergency Management and
Business Continuity Programs, 2007 Edition. This standard establishes a
common set of criteria for preparedness, disaster management, emergency
management, and business continuity. NFPA 1600 specifies the management
and essential elements of a preparedness program for disaster
management, emergency management, and business continuity. The
particular strength of this standard is that it focuses on planning and
preparation in anticipation of a disaster and does not prescribe a
program development process.
    2. BS25999--Business Continuity Management. This standard defines
requirements for a management systems approach to business continuity,
and integrates risk management disciplines and processes. BS25999 is
comprised of two parts: Part 1 dated 2006; Code of Practice, and Part 2
dated 2007; Specification. The particular strength of this standard is
that it specifically provides a management systems approach to business
continuity and also integrates risk management disciplines and
processes. The standard also provides the user the basis for
understanding and implementing in business-to-business and business-to-
customer dealings to reassure business resilience.
    3. ASIS SPC. 1-2009--Organizational Resilience: Security
Preparedness, and Continuity Management Systems--Requirements with
Guidance for Use. This standard was released in 2009 and defines
requirements for a management systems approach to organizational
resilience. The particular strength of this standard is that it applies
a management systems approach to organizational resilience. The
standard encompasses an assortment of risk management mechanisms and
follows a plan-do-check-act approach associated with other
International Standard Organization management system based standards.

IV. Adoption of Initial Standards in the PS-Prep Program

    DHS, after considering the public comments received on this notice,
will publish a notice in the Federal Register to announce the standards
that DHS will adopt. DHS may adopt any or all of the three standards
identified above.

V. Critical Infrastructure and Key Resources (CIKR) Sector Specific
Issues

    Following adoption of the initial standards, DHS will collaborate
with the CIKR sectors and their respective Sector Coordinating Councils
to identify the regulations, guidelines, sector codes of practice, and
best practices of the sector that may affect implementation of the
adopted standards.
    The DHS Office of Infrastructure Protection will then work with
individual CIKR sectors to develop a framework in which the identified
sector specific considerations can be built into the application of the
adopted standards to individual sectors. Any such framework could be
used both by an entity seeking certification of conformity to a
standard and by the certifying body.

VI. Small Business Consideration

    Title IX of Public Law 110-53 recognized that small businesses need
to be treated differently in the PS-Prep Program, and requires DHS to
give special consideration to small business

concerns (as defined by Section 3 of the Small Business Act (15 U.S.C.
632)). The December 24, 2008 Federal Register notice contained an
extensive discussion of DHS' approaches to best reflect the interests
of small businesses and the purpose of the PS-Prep Program. DHS
continues to seek comments from small businesses and others on the
adoption of these standards and their impact on future decisions to
seek certification under the PS-Prep Program.

VII. Questions for Which Comment or Recommendations Are Specifically
Sought

    The Department requests comments, suggestions, or other advice
regarding the PS-Prep Program, including but not limited to responses
to the following questions:
    1. Are there reasons that DHS should not adopt any one of the three
standards listed above?
    2. Are there any supporting guidance materials in addition to the
three identified standards that are needed to help the private sector
attain certification to one of the three standards?
    3. What factors would a business consider in determining which DHS
adopted standard(s) to pursue for certification under the PS-Prep
Program?
    4. What are the reasons for businesses to seek certification under
these identified standards?
    5. How would the fact that an organization is certified under the
PS-Prep Program affect or otherwise influence your decision to do
business with them?
    6. In response to the December 2008 Federal Register notice, DHS
received numerous comments promoting the use of a ``maturity model
process improvement approach'' for business preparedness and
continuity. The maturity model was described as an approach whereby
certifications on certain standards could be incremental, i.e., grading
on a scale of conformance, rather than a conformance/non-conformance
basis. The notice noted that certifications will determine conformity
or non-conformity with a particular standard. How could the use of a
maturity model approach be applied to certification to any of these
standards?
    7. What may be the potential impact (e.g., cost, return on
investment, other considerations, etc.) on small businesses when
attempting to implement any of the above identified standards?

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. E9-24968 Filed 10-15-09; 8:45 am]

BILLING CODE 9111-46-P