[Federal Register: June 17, 2010 (Volume 75, Number 116)]
[Rules and Regulations]
[Page 34376-34378]
[DOCID:fr17jn10-22]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0366]
RIN 1625-AA00

Safety Zone; City of Pittsburg Independence Day Celebration,
Pittsburg, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of Suisun Bay off Pittsburg, CA in support of a July
4th fireworks display. This safety zone is established to ensure the
safety of participants and spectators from the dangers associated with
the pyrotechnics. Unauthorized persons or vessels are prohibited from
entering into, transiting through, or remaining in the safety zone
without permission of the Captain of the Port or his designated
representative.

DATES: This rule is effective from 8 p.m. through 10 p.m. on July 4,
2010.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0366 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0366 in the
``Keyword'' box, and then clicking ``Search.'' 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Ensign Allison A. Natcher, U.S. Coast Guard Sector
San Francisco, at<PHONE_NUMBER> or e-mail D11-PF-
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule

without prior notice and opportunity to comment when the agency for
good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Under 5 U.S.C.
553(b)(B), the Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule. The Coast Guard finds that it would be impracticable to publish
an NPRM with respect to this rule because the event would occur before
the rulemaking process could be completed. Because of the dangers posed
by the pyrotechnics used in this fireworks display, the safety zone is
necessary to provide for the safety of event participants, spectators,
spectator craft, and other vessels transiting the event area. For the
safety concerns noted, it is in the public interest to have these
regulations in effect during the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Publishing a NPRM and delaying its
effective date would be impracticable because immediate action is
needed to protect vessels and mariners from the safety hazards
associated with a barged based fireworks display.

Background and Purpose

    Pittsburg Power Company will sponsor the City of Pittsburg
Independence Day Celebration on July 4, 2010, on the navigable waters
of Suisun Bay, off of Pittsburg, CA. The fireworks display is meant for
entertainment purposes. This safety zone is issued to establish a
temporary restricted area on the waters surrounding the fireworks
launch site during loading of the pyrotechnics, and during the
fireworks display. This restricted area around the launch site is
necessary to protect spectators, vessels, and other property from the
hazards associated with the pyrotechnics. The Coast Guard has granted
the event sponsor a marine event permit for the fireworks display.

Discussion of Rule

    The Coast Guard is establishing a safety zone around the fireworks
launch site, which will be located in position 38[deg]02'32.09'' N,
121[deg]53'19.07'' W (NAD 83). From 8 p.m. until 9:30 p.m., and from
9:50 p.m. until 10 p.m., the temporary safety zone applies to the
navigable waters around the fireworks site within a radius of 100 feet.
From 9:30 p.m. until 9:50 p.m., the safety zone will increase in size
to encompass the navigable waters around the fireworks launch site
within a radius of 1,000 feet.
    The effect of the temporary safety zone will be to restrict
navigation in the vicinity of the fireworks site while the fireworks
are set up, and until the conclusion of the scheduled display. Except
for persons or vessels authorized by the Coast Guard Patrol Commander,
no person or vessel may enter or remain in the restricted area. These
regulations are needed to keep spectators and vessels a safe distance
away from the fireworks barge to ensure the safety of participants,
spectators, and transiting vessels.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    Although this rule restricts access to the waters encompassed by
the safety zone, the effect of this rule will not be significant. This
is due to the small area and short duration of the safety zone, the
ability of ships to transit around the safety zone, and because the
local waterway users will be notified via public Broadcast Notice to
Mariners to ensure the safety zone will result in minimum impact. The
entities most likely to be affected are pleasure craft engaged in
recreational activities.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule may affect owners and operators of pleasure craft engaged
in recreational activities and sightseeing. This rule will not have a
significant economic impact on a substantial number of small entities
for several reasons: (i) Vessel traffic can pass safely around the
area, (ii) vessels engaged in recreational activities and sightseeing
have ample space outside of the affected portion of the areas off
Pittsburg, CA to engage in these activities, (iii) this rule will
encompass only a small portion of the waterway for a limited period of
time, and (iv) the maritime public will be advised in advance of this
safety zone via Broadcast Notice to Mariners.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of

$100,000,000 (adjusted for inflation) or more in any one year. Though
this rule will not result in such an expenditure, we do discuss the
effects of this rule elsewhere in this preamble.

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 0023.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves establishing,
disestablishing, or changing Regulated Navigation Areas and security or
safety zones. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3307; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.

0
2. Add Sec.  165.T11-325 to read as follows:

Sec.  165.T11-325  Safety Zone; City of Pittsburg Independence Day
Celebration, Pittsburg, CA.

    (a) Location. This temporary safety zone is established for the
waters of Suisun Bay off of Pittsburg, CA. The fireworks launch site
will be located in position 38[deg]02'32.09'' N, 121[deg]53'19.07'' W
(NAD 83).
    From 8 p.m. until 9:30 p.m., and from 9:50 p.m. until 10 p.m., the
temporary safety zone applies to the navigable waters around the
fireworks site within a radius of 100 feet. From 9:30 p.m. until 9:50
p.m. on July 4, 2010, the area to which the temporary safety zone
applies will increase in size to encompass the navigable waters around
the fireworks site within a radius of 1,000 feet.
    (b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel and a Federal, State, and local officer designated by or
assisting the Captain of the Port San Francisco (COTP) in the
enforcement of the safety zone.
    (c) Regulations.
    (1) Under the general regulations in Sec.  165.23, entry into,
transiting, or anchoring within this safety zone is prohibited unless
authorized by the COTP or the COTP's designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or the designated representative. Persons and vessels
may request permission to enter the safety zone on VHF-16 or through
the 24-hour Command Center at telephone<PHONE_NUMBER>.
    (d) Effective period. This section is effective from 8 p.m. through
10 p.m. on July 4, 2010.

    Dated: June 7, 2010.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2010-14585 Filed 6-16-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 215 (Thursday, November 6, 2014)]
[Rules and Regulations]
[Pages 65887-65891]
[FR Doc No: 2014-24964]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0192; Directorate Identifier 2013-NM-221-AD;
Amendment 39-17992; AD 2014-20-19]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2013-10-06,
for all Airbus Model A330-200 Freighter, A330-200, A330-300, A340-200,
A340-300, A340-500, and A340-600 series airplanes. AD 2013-10-06
required an inspection to identify the installed windshields, and
replacement of any affected windshield. This new AD requires expanding
the inspection area to 15 additional windshields' serial numbers. This
AD was prompted by several reports of a burning smell and/or smoke in
the cockpit during cruise phase, leading in some cases, to

diversion to alternate airports. We are issuing this AD to prevent
significantly increased workload for the flightcrew, which could, under
some flight phases and/or circumstances, constitute an unsafe
condition.

DATES: This AD becomes effective December 11, 2014.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 11,
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0192; or in person at the
Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
    For service information identified in this AD, contact Airbus SAS,
Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac
Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80;
email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.

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

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2013-10-06, Amendment 39-17459 (78 FR 32347,
May 30, 2013). AD 2013-10-06 applied to all Airbus Model A330-200
Freighter, A330-200, A330-300, A340-200, A340-300, A340-500, and A340-
600 series airplanes. The NPRM published in the Federal Register on
April 9, 2014 (79 FR 19548).
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0256, dated October 21, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model
A330-201, -202, -203, -223, -223F, -243, -243F, -301, -302, -303, -321,
-322, -323, -341, -342, and -343 airplanes; and Model A340-211, -212, -
213, -311, -312, -313, -541, and -642 airplanes. The MCAI states:

    Several operators reported cases of burning smell and/or smoke
in the cockpit during cruise phase leading in some cases to
diversion. Findings showed that the cause of these events is the
burning of the Saint-Gobain Sully (SGS) windshield connector
terminal block.
    This condition, if not corrected, could significantly increase
the flight crew workload which would, under some flight phases and/
or circumstances constitute an unsafe condition.
    To address this unsafe condition, Airbus published 3 different
Service Bulletins (SB) and EASA issued AD 2011-0242 [http://ad.easa.europa.eu/blob/easa_ad_2011_0242_Correction_superseded.pdf/AD_2011-0242_1] (later corrected) which required the identification
of the installed windshields and replacement of the affected part.
    Since issuance of that [EASA] AD, a new occurrence in service
led Airbus to identify a new batch of affected parts.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2011-0242 [http://ad.easa.europa.eu/blob/easa_ad_2011_0242_Correction_superseded.pdf/AD_2011-0242_1], which
is superseded, and requires identification and replacement of the
additionally identified windshields.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0192-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (79 FR 19548, April 9,
2014) or on the determination of the cost to the public.

``Contacting the Manufacturer'' Paragraph in This AD

    Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
    We have become aware that some operators have misunderstood or
misinterpreted the Airworthy Product paragraph to allow the owner/
operator to use messages provided by the manufacturer as approval of
deviations during the accomplishment of an AD-mandated action. The
Airworthy Product paragraph does not approve messages or other
information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed the paragraph and retitled
it ``Contacting the Manufacturer.'' This paragraph now clarifies that
for any requirement in this AD to obtain corrective actions from a
manufacturer, the actions must be accomplished using a method approved
by the FAA, the EASA, or Airbus's EASA Design Organization Approval
(DOA).
    The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or
other information.
    This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
    We also have decided not to include a generic reference to either
the ``delegated agent'' or ``design approval holder (DAH) with State of
Design Authority design organization approval,'' but instead we have
provided the specific delegation approval granted by the State of
Design Authority for the DAH throughout this AD.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM (79 FR 19548, April 9, 2014) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 19548, April 9, 2014).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 60 airplanes of U.S. registry.
    The actions required by AD 2013-10-06, Amendment 39-17459 (78 FR
32347, May 30, 2013), and retained in this AD take about 2 work-hours
per product, at an average labor rate of $85 per work-hour. Required
parts cost about $0 per product. Based on these figures, the estimated
cost of the actions that were required by AD 2013-10-06 is $170 per
product.
    We also estimate that it would take about 2 work-hours per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work-hour. Required parts would cost about $0 per
product. Based on these figures, we estimate the cost of this AD on
U.S. operators to be $10,200, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 10 work-hours and require parts costing $0, for a cost of
$850 per product. We have no way of determining the number of aircraft
that might need this action.
    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our 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.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0192; or in person at the
Docket Management Facility between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this AD, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2013-10-06, Amendment 39-17459 (78 FR 32347, May 30, 2013), and adding
the following new AD:

2014-20-19 Airbus: Amendment 39-17992. Docket No. FAA-2014-0192;
Directorate Identifier 2013-NM-221-AD.

(a) Effective Date

    This AD becomes effective December 11, 2014.

(b) Affected ADs

    This AD supersedes AD 2013-10-06, Amendment 39-17459 (78 FR
32347, May 30, 2013).

(c) Applicability

    This AD applies to all airplanes identified in paragraphs (c)(1)
and (c)(2) of this AD, certificated in any category, all
manufacturer serial numbers.
    (1) Airbus Model A330-201, -202, -203, -223, -223F, -243, -243F,
-301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes.
    (2) Airbus Model A340-211, -212, -213, -311, -312, -313, -541,
and -642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 56, Windows.

(e) Reason

    This AD was prompted by several reports of a burning smell and/
or smoke in the cockpit during cruise phase, leading in some cases,
to diversion to alternate airports. We are issuing this AD to
prevent significantly increased workload for the flightcrew, which
could, under some flight phases and/or circumstances, constitute an
unsafe condition.

(f) Compliance

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

(g) Retained Inspection With Revised Service Information

    This paragraph restates the requirements of paragraph (g) of AD
2013-10-06, Amendment 39-17459 (78 FR 32347, May 30, 2013), with
revised service information. Within 1,200 flight hours after July 5,
2013 (the effective date of AD 2013-10-06), inspect to identify the
manufacturer, the part number, and the serial number of the left-
hand (LH) and right-hand (RH) windshields installed on the airplane,
in accordance with the Accomplishment Instructions of the applicable
Airbus service information specified in paragraph (g)(1), (g)(2), or
(g)(3) of this AD. A review of airplane delivery or

maintenance records is acceptable in lieu of this inspection if the
manufacturer, part number, and serial number of the installed
windshields can be conclusively determined from that review.
    (1) For Model A330-201, -202, -203, -223, -223F, -243, -243F, -
301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes:
Airbus Service Bulletin A330-56-3009, Revision 02, including
Appendix 01, dated February 8, 2012; or Airbus Service Bulletin
A330-56-3009, Revision 03, including Appendixes 01 and 02, dated
August 1, 2013. As of the effective date of this AD, use only Airbus
Service Bulletin A330-56-3009, Revision 03, including Appendixes 01
and 02, dated August 1, 2013, to do the actions required by
paragraph (g) of this AD.
    (2) For Model A340-211, -212, -213, -311, -312, and -313
airplanes: Airbus Service Bulletin A340-56-4008, Revision 01,
including Appendix 01, dated February 8, 2012; or Airbus Service
Bulletin A340-56-4008, Revision 02, including Appendixes 01 and 02,
dated August 1, 2013. As of the effective date of this AD, use only
Airbus Service Bulletin A340-56-4008, Revision 02, including
Appendixes 01 and 02, dated August 1, 2013, to do the actions
required by paragraph (g) of this AD.
    (3) For Model A340-541 and -642 airplanes: Airbus Service
Bulletin A340-56-5002, Revision 01, including Appendix 01, dated
February 8, 2012; or Airbus Service Bulletin A340-56-5002, Revision
02, including Appendixes 01 and 02, dated August 1, 2013. As of the
effective date of this AD, use only Airbus Service Bulletin A340-56-
5002, Revision 02, including Appendixes 01 and 02, dated August 1,
2013, to do the actions required by paragraph (g) of this AD.

(h) Retained Replacement With Revised Service Information

    This paragraph restates the requirements of paragraph (h) of AD
2013-10-06, Amendment 39-17459 (78 FR 32347, May 30, 2013), with
revised service information. If it is found, during the inspection
required by paragraph (g) of this AD, that any installed LH or RH
windshield was manufactured by Saint-Gobain Sully (SGS) and the part
number and serial number are specified in the applicable Airbus
service information specified in paragraph (g)(1), (g)(2), or (g)(3)
of this AD: Within 9 months or 1,200 flight hours after July 5, 2013
(the effective date of AD 2013-10-06), whichever occurs first,
replace all affected LH and RH windshields, in accordance with the
Accomplishment Instructions of the applicable Airbus service
information specified in paragraph (h)(1), (h)(2), or (h)(3) of this
AD.
    (1) For Model A330-201, -202, -203, -223, -223F, -243, -243F, -
301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes:
Airbus Service Bulletin A330-56-3009, Revision 02, including
Appendix 01, dated February 8, 2012; or Airbus Service Bulletin
A330-56-3009, Revision 03, including Appendixes 01 and 02, dated
August 1, 2013. As of the effective date of this AD, use only Airbus
Service Bulletin A330-56-3009, Revision 03, including Appendixes 01
and 02, dated August 1, 2013, to do the actions required by
paragraph (h) of this AD.
    (2) For Model A340-211, -212, -213, -311, -312, and -313
airplanes: Airbus Service Bulletin A340-56-4008, Revision 01,
including Appendix 01, dated February 8, 2012; or Airbus Service
Bulletin A340-56-4008, Revision 02, including Appendixes 01 and 02,
dated August 1, 2013. As of the effective date of this AD, use only
Airbus Service Bulletin A340-56-4008, Revision 02, including
Appendixes 01 and 02, dated August 1, 2013, to do the actions
required by paragraph (h) of this AD.
    (3) For Model A340-541 and -642 airplanes: Airbus Service
Bulletin A340-56-5002, Revision 01, including Appendix 01, dated
February 8, 2012; or Airbus Service Bulletin A340-56-5002, Revision
02, including Appendixes 01 and 02, dated August 1, 2013. As of the
effective date of this AD, use only Airbus Service Bulletin A340-56-
5002, Revision 02, including Appendixes 01 and 02, dated August 1,
2013, to do the actions required by paragraph (h) of this AD.

(i) New Requirement of This AD: Inspection

    Within 6 months after the effective date of this AD, inspect to
identify the manufacturer, the part number, and the serial number of
the LH and RH windshields installed on the airplane, in accordance
with the Accomplishment Instructions of the applicable Airbus
service information specified in paragraph (i)(1), (i)(2), or (i)(3)
of this AD. A review of airplane delivery or maintenance records is
acceptable in lieu of this inspection if the manufacturer, part
number, and serial number of the installed windshields can be
conclusively determined from that review.
    (1) For Model A330-201, -202, -203, -223, -223F, -243, -243F, -
301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes:
Airbus Service Bulletin A330-56-3009, Revision 03, including
Appendixes 01 and 02, dated August 1, 2013.
    (2) For Model A340-211, -212, -213, -311, -312, and -313
airplanes: Airbus Service Bulletin A340-56-4008, Revision 02,
including Appendixes 01 and 02, dated August 1, 2013.
    (3) For Model A340-541 and -642 airplanes: Airbus Service
Bulletin A340-56-5002, Revision 02, including Appendixes 01 and 02,
dated August 1, 2013.

(j) New Requirement of This AD: Replacement

    If it is found, during the inspection required by paragraph (i)
of this AD, that any installed LH or RH windshield was manufactured
by Saint-Gobain Sully (SGS) and the part number and serial number
are specified in Appendix 02 of the applicable Airbus service
information specified in paragraph (j)(1), (j)(2), or (j)(3) of this
AD, or if the manufacturer or part number or serial number is not
identifiable: Within 6 months after the effective date of this AD,
replace the affected LH and/or RH windshield with a serviceable
part, in accordance with the Accomplishment Instructions of the
applicable Airbus service information specified in paragraph (j)(1),
(j)(2), or (j)(3) of this AD.
    (1) For Model A330-201, -202, -203, -223, -223F, -243, -243F, -
301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes:
Airbus Service Bulletin A330-56-3009, Revision 03, including
Appendixes 01 and 02, dated August 1, 2013.
    (2) For Model A340-211, -212, -213, -311, -312, and -313
airplanes: Airbus Service Bulletin A340-56-4008, Revision 02,
including Appendixes 01 and 02, dated August 1, 2013.
    (3) For Model A340-541 and -642 airplanes: Airbus Service
Bulletin A340-56-5002, Revision 02, including Appendixes 01 and 02,
dated August 1, 2013.

(k) Definition of Serviceable Windshield

    For the purposes of this AD, a serviceable windshield is a
windshield not identified in Appendix 01 of the applicable Airbus
service information as specified in paragraphs (j)(1), (j)(2), or
(j)(3) of this AD; or it is specified in Appendix 01 but has a
suffix ``U'' added to the serial number on the identification plate.

(l) Parts Installation Limitations

    As of the effective date of this AD, no person may install, on
any airplane, an affected windshield from SGS having a part number
and serial number identified in Appendix 01 of the applicable Airbus
service information as specified in paragraph (l)(1), (l)(2), or
(l)(3) of this AD, unless a suffix ``U'' has been added on the
serial number identification plate.
    (1) For Model A330-201, -202, -203, -223, -223F, -243, -243F, -
301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes:
Airbus Service Bulletin A330-56-3009, Revision 03, including
Appendixes 01 and 02, dated August 1, 2013.
    (2) For Model A340-211, -212, -213, -311, -312, and -313
airplanes: Airbus Service Bulletin A340-56-4008, Revision 02,
including Appendix 01 and 02, dated August 1, 2013.
    (3) For Model A340-541 and -642 airplanes: Airbus Service
Bulletin A340-56-5002, Revision 02, including Appendixes 01 and 02,
dated August 1, 2013.

(m) Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using the applicable Airbus
service information specified in paragraphs (m)(1) through (m)(4) of
this AD, provided that the actions were accomplished on the
airplane, and no replacement windshield has been installed with a
part number and serial number identified in Appendix 02 of the
applicable Airbus service information as specified in paragraphs
(j)(1) through (j)(3) of this AD.
    (1) Airbus Service Bulletin A330-56-3009, dated May 4, 2010 (for
Model A330-201, -202, -203, -223, -223F, -243, -243F, -301, -302, -
303, -321, -322, -323, -341, -342, and -343 airplanes), which is not
incorporated by reference in this AD.
    (2) Airbus Service Bulletin A330-56-3009, Revision 01, dated
January 27, 2011 (for Model A330-201, -202, -203, -223, -223F, -243,
-243F, -301, -302, -303, -321, -322, -323, -341, -342, and -343
airplanes), which is not incorporated by reference in this AD.
    (3) Airbus Service Bulletin A340-56-4008, dated May 4, 2010 (for
Model A340-211,

-212, -213, -311, -312, and -313 airplanes), which is not
incorporated by reference in this AD.
    (4) Airbus Service Bulletin A340-56-5002, dated May 4, 2010 (for
Model A340-541 and -642 airplanes), which is not incorporated by
reference in this AD.

(n) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM 116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the European Aviation Safety Agency
(EASA); or Airbus's EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2013-0256, dated October 21,
2013, for related information. You may examine the MCAI in the AD
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0192-0002.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (p)(3) and (p)(4) of this AD.

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A330-56-3009, Revision 03, including
Appendixes 01 and 02, dated August 1, 2013.
    (ii) Airbus Service Bulletin A340-56-4008, Revision 02,
including Appendix 01 and 02, dated August 1, 2013.
    (iii) Airbus Service Bulletin A340-56-5002, Revision 02,
including Appendixes 01 and 02, dated August 1, 2013.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 24, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-24964 Filed 11-5-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 19, 2007 (Volume 72, Number 138)]
[Rules and Regulations]
[Page 39568-39570]
[DOCID:fr19jy07-7]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0772; FRL-8439-7]

Approval and Promulgation of Air Quality Implementation Plans;
Minnesota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving revisions to the Minnesota State
Implementation Plan (SIP) for sulfur dioxide (SO2).
Specifically, the revisions involve Flint Hills Resources, L.P. (Flint
Hills) of Dakota County, Minnesota. In these revisions, Flint Hills is
expanding operations at its petroleum refinery. To account for the
increased SO2 emissions from the expansion, Flint Hills is
closing its sulfuric acid plant. An analysis of the revisions shows
that air quality in the area will be protected after the modifications
are made at the facility. Minnesota has also included additional
monitoring requirements in the revisions. EPA proposed approval of this
revision on April 9, 2007. One comment was received on the proposed
rule, but the comment did not involve the proposed revision. The
comment is addressed in this action.

DATES: This final rule is effective on August 20, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2006-0772. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index, some

information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through http://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 Matt Rau,
Environmental Engineer,<PHONE_NUMBER> before visiting the Region 5
office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Criteria Pollutant 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 Is the Background for This Action?
II. What Is EPA's Analysis of the State Submission?
III. What Comments Were Received?
IV. What Are the Environmental Effects of This Action?
V. What Action Is EPA Taking Today?
VI. Statutory and Executive Order Reviews

I. What Is the Background for This Action?

    Flint Hills operates a petroleum refinery in the Minneapolis-Saint
Paul metropolitan area. Flint Hills is expanding its crude oil
processing operations. The expansion will increase the crude oil unit's
gasoline production capacity from 100,000 to 150,000 barrels per day.
Minnesota amended its Findings and Order to allow the revisions
necessary for the expansion. This is the eighth amendment to the Flint
Hills Findings and Order.
    Minnesota held a public hearing regarding Findings and Order
Amendment Eight on May 25, 2006. No comments on the Flint Hills
revisions were received at the public meeting or during the 30 day
public comment period.
    EPA proposed approval of the SIP revision on April 9, 2007 (72 FR
17461-63). The comment period closed on May 9, 2007. One comment from
the Minnesota Pollution Control Agency (PCA) was received. It is
addressed in Section III.

II. What Is EPA's Analysis of the State Submission?

    Minnesota included air dispersion modeling results in its
submission. The modeling analysis includes all Flint Hills SO2
emissions sources, including the additional and modified sources. Other
significant SO2 sources in the area were also included. The
modeling analysis examined the impact of the revisions on the SO2
air quality standards. The primary SO2 National Ambient Air
Quality Standard (NAAQS) has both an annual and 24-hour averaging
period. The secondary NAAQS has a 3-hour averaging period.
    Flint Hills used the ISCST3 dispersion model in the regulatory
mode. Five years of surface meteorological data from the Minneapolis-
Saint Paul International Airport and upper air data from Saint Cloud
were used. Building downwash effects from the new and existing
structures were accounted for in the modeling. The analysis found that
the predicted annual SO2 concentration is 38.5 [mu]g/m\3\
compared to the standard of 80 [mu]g/m\3\. The modeled 24-hour level of
266.8 [mu]g/m\3\ is under the 365 [mu]g/m\3\ NAAQS. Similarly, the
predicted 3-hour average is 726.2 [mu]g/m\3\ which is under the
secondary standard of 1300 [mu]g/m\3\.

III. What Comments Were Received?

    One comment from the Minnesota PCA was received during the comment
period. Minnesota PCA requested EPA to rescind the Administrative Order
which established emission limits at the Continental Nitrogen &
Resource Corporation (Continental Nitrogen) facility. Information on
this company's removal of its boilers was included in the Flint Hills
submission. Minnesota PCA has requested that EPA rescind the
Administrative Order for the Continental Nitrogen boilers. EPA will
address this request in a separate action.
    The comment does not involve the proposed revisions to the emission
limits for Flint Hills. The outcome of the requested revision for
Continental Nitrogen will not affect the Flint Hills revision because
the Continental Nitrogen boilers are permanently disconnected. The
emissions reduction from Continental Nitrogen has already occurred and
is not dependent on EPA action.

IV. What Are the Environmental Effects of This Action?

    Sulfur dioxide causes breathing difficulties and aggravation of
existing cardiovascular disease. It is also a precursor of acid rain
and fine particulate matter formation. Sulfate particles are a major
cause of visibility impairment in America. Acid rain damages lakes and
streams impairing aquatic life and causes damage to buildings,
sculptures, statues, and monuments. Sulfur dioxide also causes the loss
of chloroform leading to vegetation damage.
    The expansion of the Flint Hills facility includes an additional
unit and revised limits on several units at the refinery that result in
higher SO2 emissions. The projected increase in SO2
emissions from this project is 315 tons per year. However, overall
SO2 emissions from Flint Hills will be reduced after the
modifications. When considering all sources at the facility there is no
increase in SO2 emissions, in fact there is a projected
decrease of 99.6 tons per year. Therefore, the ``net emissions
increase'' is below the Prevention of Significant Deterioration (PSD)
significant threshold for SO2 of 40 tons per year. This
project is not subject to PSD requirements.
    The effects of the expansion were analyzed. Both the projected
SO2 emissions from the Flint Hills facility and the
reductions from other area facilities were considered. That analysis
showed that the maximum predicted ambient SO2 concentrations
are below the primary and secondary NAAQS. This indicates that public
health and welfare in Dakota County, Minnesota will be protected. The
additional monitoring requirements placed on the heater combusting the
fuel gas from the 45 mix drum will also help protect the air quality by
continuously checking the sulfur dioxide emissions from this unit.
Corrective action can be taken should the emissions rise above the
unit's limit.

V. What Action Is EPA Taking Today?

    EPA is approving revisions to SO2 emissions regulations
for Flint Hills Resources, L.P. of Dakota County, Minnesota. The
revisions authorize adding a new heater, modifying two heaters, and
additional monitoring requirements.

VI. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget.

Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant regulatory action,'' this
action is also not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    This action merely approves State law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by State law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).

Unfunded Mandates Reform Act

    Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by State law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).

Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments

    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship

between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000).

Executive Order 13132: Federalism

    This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.

Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks

    This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it approves a state rule implementing a
Federal Standard.

National Technology Transfer Advancement Act

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

Paperwork Reduction Act

    This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).

Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under Section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 17, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See Section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: July 5, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

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

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

Subpart Y--Minnesota

    2. In Sec.  52.1220, the table in paragraph (d) is amended by
revising the entry for ``Flint Hills Resources, L.P.'' to read as
follows:

Sec.  52.1220  Identification of plan.

* * * * *
    (d) * * *

----------------------------------------------------------------------------------------------------------------
                                                         State
          Name of source              Permit No.    effective date    EPA approval date           Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Flint Hills Resources, L.P.         ..............         7/14/06  8/20/07, [insert page  Amendment Eight to
 (formerly Koch Petroleum).                                          number where the       Findings and Order.
                                                                     document begins].

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

* * * * *
[FR Doc. E7-13789 Filed 7-18-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Notices]
[Page 48301]
[FR Doc No: 2018-20730]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Number: PR18-67-001.
    Applicants: Pacific Gas and Electric Company.
    Description: Tariff filing per 284.123(b),(e)+(g): Amendment to
Revisions to SOC 2018 Annual Gas True-Up filing to be effective 1/1/
2018.
    Filed Date: 9/12/18.
    Accession Number:<PHONE_NUMBER>34.
    Comments Due: 5 p.m. ET 10/3/18.
    284.123(g) Protests Due: 5 p.m. ET 10/3/18.

    Docket Numbers: RP18-1183-000.
    Applicants: SWN Energy Services Company, LLC, Flywheel Energy
Operating, LLC.
    Description: Joint Petition for Temporary Waivers of Capacity
Release Regulations and Policies, et al. of SWN Energy Services
Company, LLC, et al.
    Filed Date: 9/17/18.
    Accession Number: 20180917-5084.
    Comments Due: 5 p.m. ET 9/24/18.

    Docket Numbers: RP18-1184-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Penalty Crediting Report of El Paso Natural Gas
Company, L.L.C.
    Filed Date: 9/17/18.
    Accession Number: 20180917-5092.
    Comments Due: 5 p.m. ET 10/1/18.

    Docket Numbers: RP18-1185-000
    Applicants: Northern Natural Gas Company.
    Description: Sec.  4(d) Rate Filing: 20180917 Negotiated Rates to
be effective 9/18/2018.
    Filed Date: 9/17/18.
    Accession Number: 20180917-5115.
    Comments Due: 5 p.m. ET 10/1/18.

    Docket Numbers: RP18-1186-000.
    Applicants: Northern Natural Gas Company.
    Description: Sec.  4(d) Rate Filing: 20180917 Remove Non Conforming
to be effective 11/1/2018.
    Filed Date: 9/17/18.
    Accession Number: 20180917-5116.
    Comments Due: 5 p.m. ET 10/1/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or 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 date(s). 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: September 18, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-20730 Filed 9-21-18; 8:45 am]
 BILLING CODE 6717-01-P