[Federal Register Volume 79, Number 111 (Tuesday, June 10, 2014)]
[Rules and Regulations]
[Pages 33043-33045]
[FR Doc No: 2014-13530]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 79, No. 111 / Tuesday, June 10, 2014 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2014-0365; Notice No. 25-554-SC]

Special Conditions: Embraer S.A., Model EMB-550 Airplane;
Installation of Rechargeable Lithium Batteries

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final Special Conditions; Request for Comments.

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SUMMARY: These special conditions are issued for the Embraer S.A. Model
EMB-550 airplanes. This airplane will have a novel or unusual design
feature associated with the installation of a satellite communication
system that uses rechargeable lithium battery technology. The
applicable airworthiness regulations do not contain adequate or
appropriate safety standards for this design feature. These special
conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

DATES: The effective date of these special conditions is June 10, 2014.
We must receive your comments by July 10, 2014.

ADDRESSES: Send comments identified by docket number FAA-2014-0365
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except federal holidays.

FOR FURTHER INFORMATION CONTACT: Stephen Slotte, FAA, Airplane and
Flight Crew Interface Branch, ANM-111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions is
impracticable because these procedures would significantly delay
issuance of the design approval and thus delivery of the affected
aircraft. In addition, the substance of these special conditions has
been subject to the public comment process in several prior instances
with no substantive comments received. The FAA therefore finds that
good cause exists for making these special conditions effective upon
publication in the Federal Register.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive on or before the closing
date for comments. We may change these special conditions based on the
comments we receive.

Background

    On May 14, 2009, Embraer S.A. applied for a type certificate for
its new Model EMB-550 airplane. The Model EMB-550 airplane is the first
of a new family of jet airplanes designed for corporate flight,
fractional, charter, and private owner operations. The airplane has a
configuration with low wing and T-tail empennage. The primary structure
is metal with composite empennage and control surfaces. The Model EMB-
550 airplane is designed for eight (8) passengers, with a maximum of
twelve (12) passengers. It is equipped with two Honeywell AS907-3-1E
medium bypass ratio turbofan engines mounted on aft fuselage pylons.
Each engine produces approximately 6,540 pounds of thrust for normal
takeoff.
    The Model EMB-550 will have a novel or unusual design feature
associated with a satellite communication system that uses rechargeable
lithium battery technology. Rechargeable lithium batteries are a novel
or unusual design feature in transport category airplanes. This type of
battery has certain failure, operational, and maintenance
characteristics that differ significantly from those of the nickel-
cadmium and lead-acid rechargeable batteries currently approved for
installation on transport category airplanes. Because of rapid
improvements in airplane technology, the applicable airworthiness
regulations do not contain adequate or appropriate safety standards for
this design feature.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14
CFR) 21.17, Embraer S.A. must show that the Model EMB-550 meets the
applicable provisions of part 25 as amended

through Amendments 25-1 through 25-127 thereto.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Model EMB-550 airplane because of
a novel or unusual design feature, special conditions are prescribed
under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same or similar
novel or unusual design feature, the special conditions would also
apply to the other model.
    In addition to the applicable airworthiness regulations and special
conditions, the Model EMB-550 airplane must comply with the fuel vent
and exhaust emission requirements of 14 CFR part 34 and the noise
certification requirements of 14 CFR part 36, and the FAA must issue a
finding of regulatory adequacy under Sec.  611 of Public Law 92 574,
the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Model EMB-550 airplane will incorporate the following novel or
unusual design feature: A satellite communication system that uses
rechargeable lithium battery technology. Rechargeable lithium batteries
are a novel or unusual design feature in transport category airplanes
for which the applicable airworthiness regulations do not contain
adequate or appropriate safety standards. These special conditions
contain the additional safety standards that the Administrator
considers necessary to establish a level of safety equivalent to that
established by the existing airworthiness standards.

Discussion

    These special conditions provide additional safety standards to
accommodate the unique features of rechargeable lithium battery
technology. This type of battery has certain failure, operational, and
maintenance characteristics that differ significantly from those of the
nickel-cadmium and lead-acid rechargeable batteries currently approved
for installation on transport category airplanes.
    The current regulations governing installation of batteries in
transport category airplanes were derived from Civil Air Regulations
(CAR) part 4b.625(d) as part of the re-codification of CAR 4b that
established 14 CFR part 25 in February 1965. The new battery
requirements, 14 CFR 25.1353(c)(1) through (c)(4), basically reworded
the CAR requirements.
    Increased use of nickel-cadmium batteries in small airplanes
resulted in increased incidents of battery fires and failures that led
to additional rulemaking affecting transport category airplanes as well
as small airplanes. On September 1, 1977, and March 1, 1978,
respectively, the FAA issued Sec.  25.1353(c)(5) and (c)(6), governing
nickel-cadmium battery installations on transport category airplanes.
At Amendment 25-123, effective December 10, 2007, the FAA issued a
revised Sec.  25.1353, which moved the battery requirements to Sec.
25.1353(b)(1) through (b)(6).
    The proposed use of rechargeable lithium batteries for equipment
and systems on the Model EMB-550 has prompted the FAA to review the
adequacy of these existing regulations. Our review indicates that the
existing regulations do not adequately address several failure,
operational, and maintenance characteristics of rechargeable lithium
batteries that could affect the safety of the airplane and its
passengers and crew.
    At present, there is limited experience with use of rechargeable
lithium batteries in applications involving commercial aviation.
However, other users of this technology, ranging from wireless
telephone manufacturers to the electric vehicle industry, have noted
safety problems with rechargeable lithium batteries. These problems
include overcharging, over-discharging, and flammability of cell
components.

1. Overcharging

    In general, lithium batteries are significantly more susceptible to
internal failures that can result in self-sustaining increases in
temperature and pressure (i.e., thermal runaway) than their nickel-
cadmium or lead-acid counterparts. This is especially true for
overcharging, which causes heating and destabilization of the
components of the cell, leading to the formation (by plating) of highly
unstable metallic lithium. The metallic lithium can ignite, resulting
in a self-sustaining fire or explosion. Finally, the severity of
thermal runaway due to overcharging increases with increasing battery
capacity due to the higher amount of electrolyte in large batteries.

2. Over-Discharging

    Discharge of some types of lithium batteries beyond a certain
voltage (typically 2.4 volts) can cause corrosion of the electrodes of
the cell, resulting in loss of battery capacity that cannot be reversed
by recharging. This loss of capacity may not be detected by the simple
voltage measurements commonly available to flight crews as a means of
checking battery status--a problem shared with nickel-cadmium
batteries.

3. Flammability of Cell Components

    Unlike nickel-cadmium and lead-acid batteries, some types of
lithium batteries use liquid electrolytes that are flammable. The
electrolyte can serve as a source of fuel for an external fire if there
is a breach of the battery container.
    These problems experienced by users of lithium batteries raise
concern about the use of these batteries in commercial aviation. The
intent of these special condition is to establish appropriate
airworthiness standards for rechargeable lithium battery installations
in the Embraer Model EMB-550, and to ensure, as required by Sec. Sec.
25.1309 and 25.601, that these battery installations are not hazardous
or unreliable.

Applicability

    As discussed above, these special conditions are applicable to the
Embraer S.A. Model EMB-550 airplane. Should Embraer S.A. apply at a
later date for a change to the type certificate to include another
model incorporating the same novel or unusual design feature, the
special conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one airplane model. It is not a rule of general applicability.
    The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, because a delay would
significantly affect the certification of the airplane, which is
imminent, the FAA has determined that prior public notice and comment
are unnecessary and impracticable, and good cause exists for adopting
these special conditions upon publication in the Federal Register. The
FAA is requesting comments to allow interested persons to submit views
that may not

have been submitted in response to the prior opportunities for comment
described above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for the Embraer S.A. Model EMB-550
airplane.

Installation of Rechargeable Lithium Batteries

    In lieu of the requirements of Sec.  25.1353(b)(1) through (b)(4)
at Amendment 25-123, all rechargeable lithium batteries and battery
system installations on the Model EMB-550 must be designed and
installed as follows:
    (1) Safe cell temperatures and pressures must be maintained during
any foreseeable charging or discharging condition and during any
failure of the charging or battery monitoring system not shown to be
extremely remote. The rechargeable lithium battery installation must
preclude explosion in the event of those failures.
    (2) Design of the rechargeable lithium batteries must preclude the
occurrence of self-sustaining, uncontrolled increases in temperature or
pressure.
    (3) No explosive or toxic gases emitted by any rechargeable lithium
battery in normal operation, or as the result of any failure of the
battery charging system, monitoring system, or battery installation
that is not shown to be extremely remote, may accumulate in hazardous
quantities within the airplane.
    (4) Installations of rechargeable lithium batteries must meet the
requirements of 14 CFR 25.863(a) through (d).
    (5) No corrosive fluids or gases that may escape from any
rechargeable lithium battery may damage surrounding structure or any
adjacent systems, equipment, or electrical wiring of the airplane in
such a way as to cause a major or more severe failure condition, in
accordance with Sec.  25.1309(b) and applicable regulatory guidance.
    (6) Each rechargeable lithium battery installation must have
provisions to prevent any hazardous effect on structure or essential
systems caused by the maximum amount of heat the battery can generate
during a short circuit of the battery or of its individual cells.
    (7) Rechargeable lithium battery installations must have a system
to control the charging rate of the battery automatically, so as to
prevent battery overheating or overcharging, and,
    (i) A battery temperature sensing and over-temperature warning
system with a means for automatically disconnecting the battery from
its charging source in the event of an over-temperature condition, or,
    (ii) A battery failure sensing and warning system with a means for
automatically disconnecting the battery from its charging source in the
event of battery failure.
    (8) Any rechargeable lithium battery installation, the function of
which is required for safe operation of the airplane, must incorporate
a monitoring and warning feature that will provide an indication to the
appropriate flight crewmembers whenever the state-of-charge of the
batteries has fallen below levels considered acceptable for dispatch of
the airplane.
    (9) The Instructions for Continued Airworthiness required by Sec.
25.1529 must contain maintenance requirements to assure that the
battery is sufficiently charged at appropriate intervals specified by
the battery manufacturer and the equipment manufacturer that contain
the rechargeable lithium battery or rechargeable lithium battery
system. This is required to ensure that lithium rechargeable batteries
and lithium rechargeable battery systems will not degrade below
specified ampere-hour levels sufficient to power the aircraft system,
for intended applications. The Instructions for Continued Airworthiness
must also contain procedures for the maintenance of batteries in spares
storage to prevent the replacement of batteries with batteries that
have experienced degraded charge retention ability or other damage due
to prolonged storage at a low state of charge. Replacement batteries
must be of the same manufacturer and part number as approved by the
FAA. Precautions should be included in the Instructions for Continued
Airworthiness maintenance instructions to prevent mishandling of the
rechargeable lithium battery and rechargeable lithium battery systems
that could result in short-circuit or other unintentional impact damage
caused by dropping or other destructive means that could result in
personal injury or property damage.

    Note 1: The electrical wiring interconnection systems (EWIS)
maintenance and inspection tasks required by Sec.  25.1729 must
ensure that EWIS components associated with the batteries and
battery systems are sufficient to detect degradation of any EWIS
component that is designed and installed to support compliance with
special conditions 1 through 8.

    Note 2:  The term ``sufficiently charged'' means that the
battery will retain enough of a charge, expressed in ampere-hours,
to ensure that the battery cells will not be damaged. A battery cell
may be damaged by lowering the charge below a point where there is a
reduction in the ability to charge and retain a full charge. This
reduction would be greater than the reduction that may result from
normal operational degradation.

    Note 3:  These special conditions are not intended to replace
Sec.  25.1353(b) at Amendment 25-123 in the certification basis of
the Embraer Model EMB-550. These special conditions apply only to
rechargeable lithium batteries and rechargeable lithium battery
systems and their installations. The requirements of Sec.
25.1353(b) at Amendment 25-123 remain in effect for batteries and
battery installations on the Embraer Model EMB-550 that do not use
rechargeable lithium batteries.

    Issued in Renton, Washington, on June 2, 2014.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2014-13530 Filed 6-9-14; 8:45 am]
BILLING CODE 4910-13-P


Rodenticide Registrants Task Force (RRTF) and EPA Meeting

January 8, 2008 / 11:00 am to 12:30 pm

South Potomac Yard, 7th Floor

Attendees

Eileen Moyer, RRTF Chair, Reckitt Benckiser

Tom Schmit, Lipha Tech, Inc.

Rebeckah Adcock, American Farm Bureau Federation

Jim Aidala, Bergeson & Campbell, P.C.

Larry Culleen, Arnold & Porter, (for Reckitt Benckiser)

Lynn Bergeson, Bergenson & Campbell, P.C (for RRTF)

Steve Bradbury, EPA/OPP/Director, Special Review and Reregistration
Division

Susan Lewis, EPA/OPP/Special Review and Reregistration Division

Kelly Sherman, EPA/ OPP/Special Review and Reregistration Division

Laura Parsons, EPA/OPP/Special Review and Reregistration Division

Jennifer Howenstine, EPA/OPP/Special Review and Reregistration Division

John Hebert, EPA/OPP/Registration Division

Scott Garrison, EPA/Office of General Council

Via Speaker Phone

Liane Jenkins, Reckitt Benckiser

Tom Parshley, Syngenta Crop Protection Inc.

Steven R. Spaulding, Central Life Sciences-Wellmark International

Summary of Meeting

	This meeting was requested by the Rodenticide Registrants Task Force
and Reckitt Benckiser to discuss the possible impact of the proposed
restricted use classification for the second-generation rodenticides on
farmers and agricultural operations, as well as alternative approaches
to EPA’s Proposed Risk Mitigation measures for rodenticides. Rebeckah
Adcock, of the American Farm Bureau Federation, communicated the
possible difficulties that small and mid-sized farming operations may
face in either obtaining licenses to apply restricted use rodenticides,
or in hiring an outside commercial applicator to apply them. The
American Farm Bureau contended that the restricted use classification
for the second-generation rodenticides may compromise the ability of
those farming operations without certification to respond to rodent
infestations and rodent-borne diseases. Eileen Moyer, Chair of the
Rodenticide Registrants Task Force, discussed the RRTF’s stewardship
proposal and other labeling changes suggested by the RRTF in lieu of a
restricted use classification for the second-generation rodenticides.
The suggested label changes would include user-specific bait application
instructions that would differentiate between agricultural and
residential users, and would include language to alert users to the
potential for secondary exposure from rodenticide use. RRTF also
discussed alternate proposals for containers and bait packaging,
changing the quantities of baits contained in stations, and distinctions
among appropriate product uses to prevent misuse of rodenticide baits.

	EPA agreed to review any data submitted by the RRTF demonstrating that
that proposed label information changes, indoor-use only restrictions,
and reductions of the amount bait active ingredients will significantly
reduce wildlife mortality from secondary exposures. EPA will also review
any data that demonstrates that indoor residential mice remain indoors
after consuming rodent bait, since EPA believes that rodents who travel
outdoors after consuming anticoagulant rodenticide baits indoors are
contributing to secondary wildlife mortality. EPA also agreed to hold a
follow-up meeting to discuss any additional mitigation ideas or data
submitted by the RRTF.


[Federal Register Volume 77, Number 69 (Tuesday, April 10, 2012)]
[Notices]
[Pages 21619-21620]
[FR Doc No: 2012-8556]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Office of Commercial Space Transportation; Notice of Intent To
Prepare an Environmental Impact Statement (EIS), Open a Public Scoping
Period, and Conduct a Public Scoping Meeting

AGENCY: The Federal Aviation Administration (FAA) is the lead Federal
agency.

ACTION: Notice of Intent to Prepare an EIS, Open a Public Scoping
Period, and Conduct a Public Scoping Meeting.

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SUMMARY: This Notice provides information to Federal, State, and local
agencies, Native American tribes, and other interested persons
regarding the FAA's intent to prepare an EIS for Space Exploration
Technologies' (SpaceX's) proposal to launch the Falcon 9 and Falcon
Heavy orbital vertical launch vehicles from a private site located in
Cameron County, Texas. Under the Proposed Action, SpaceX proposes to
construct a vertical launch area and a control center area to support
up to 12 commercial launches per year. The vehicles to be launched
include the Falcon 9, Falcon Heavy (up to two per year), and a variety
of smaller reusable suborbital launch vehicles. SpaceX would be
required to apply for the appropriate launch licenses and/or
experimental permits to be issued by the FAA. The FAA will prepare the
EIS in accordance with the National Environmental Policy Act of 1969
(NEPA; 42 United States Code [U.S.C.] 4321 et seq.), the Council on
Environmental Quality Regulations for Implementing the Procedural
Provisions of NEPA (40 Code of Federal Regulations [CFR] parts 1500-
1508), and FAA Order 1050.1E, Change 1, Environmental Impacts: Policies
and Procedures, as part of its licensing and permitting process.

DATES: The FAA invites interested agencies, organizations, Native
American tribes, and members of the public to submit comments or
suggestions to assist in identifying significant environmental issues
and in determining the appropriate scope of the EIS. The public scoping
period starts with the publication of this notice in the Federal
Register. To ensure sufficient time to consider issues identified
during the public scoping period, comments should be submitted to Ms.
Stacey M. Zee, FAA Environmental Protection Specialist, by one of the
methods listed below no later than May 30, 2012. All comments will
receive the same attention and consideration in the preparation of the
EIS.

ADDRESSES: Comments, statements, or questions concerning scoping issues
or the EIS process should be mailed to: Ms. Stacey M. Zee, FAA
Environmental Protection Specialist, SpaceX EIS c/o Cardno TEC Inc.,
275 West Street, Suite 110, Annapolis, MD 21409. Comments can also be
sent by email to<EMAIL_ADDRESS>or by fax to (410) 990-
0455.

SUPPLEMENTARY INFORMATION:

Background

    The FAA is preparing an EIS to analyze the potential environmental

impacts of SpaceX's proposal to launch orbital and suborbital launch
vehicles from a private site in Cameron County in southern Texas. The
EIS will consider the potential environmental impacts of the Proposed
Action and reasonable alternatives, including the No Action
Alternative. The successful completion of the environmental review
process does not guarantee that the FAA would issue launch licenses
and/or experimental permits to SpaceX. The project must also meet all
FAA safety, risk, and indemnification requirements.

Proposed Action

    The Proposed Action is for the FAA to issue launch licenses and/or
experimental permits to SpaceX that would allow SpaceX to launch the
Falcon 9 and Falcon Heavy orbital vertical launch vehicles and a
variety of reusable suborbital launch vehicles from a launch site on
privately-owned property in Cameron County, Texas. The Falcon 9 orbital
vertical launch vehicle is a medium-lift class launch vehicle with a
gross lift-off weight of approximately 1,000,000 pounds (lbs) with a
maximum length of 230 feet (ft). The Falcon 9 uses liquid oxygen (LOX)
and highly refined kerosene, also known as rocket propellant-1 or
refined petroleum-1 (RP-1), as propellants to carry payloads into
orbit. The Falcon Heavy is similar to the Falcon 9, except it has an
additional two boosters ``strapped on,'' each booster being almost
identical to the Falcon 9 first stage core. The Falcon Heavy is a heavy
lift class launch vehicle with a gross lift-off weight of approximately
3,400,000 lbs. It has an overall maximum length of approximately 230
ft.
    A reusable suborbital launch vehicle could consist of a Falcon 9
Stage 1 tank with a maximum propellant (RP-1 and LOX) load of
approximately 6,900 gallons.
    As part of the Proposed Action, SpaceX proposes to construct a
vertical launch area and a control center area. The proposed vertical
launch area site is currently undeveloped and is located directly
adjacent to the eastern terminus of Texas State Highway 4 (Boca Chica
Boulevard) and approximately 3 miles north of the Mexican border on the
Gulf Coast. It is located approximately 5 miles south of Port Isabel
and South Padre Island. At the vertical launch area, the new facilities
required would include: an integration- and processing-hangar, a launch
pad and stand with its associated flame duct, propellant storage and
handling areas, a workshop and office area, and a warehouse for parts
storage.
    The control center area would be located inland to the west of the
vertical launch area and would include: A control center building and a
payload processing facility; it might also include a launch vehicle
preparation hangar and satellite fuels storage. All facilities would be
constructed on private land owned or leased by SpaceX. The development
of access and supporting utility infrastructure for the vertical launch
area and the control center area may occur on lands outside that which
is owned or leased by SpaceX.
    Operations would consist of up to 12 launches per year with a
maximum of two Falcon Heavy launches. All Falcon 9 and Falcon Heavy
launches would be expected to have commercial payloads, including
satellites or experimental payloads. In addition to standard payloads,
the Falcon 9 and Falcon Heavy may also carry a capsule, such as the
SpaceX Dragon capsule. All launch trajectories would be to the east
over the Gulf of Mexico.
    The potential environmental impacts of all proposed construction
activities will be analyzed in the EIS, in addition to the impacts from
operating the facilities and launching orbital and suborbital launch
vehicles. The EIS will evaluate the potential environmental effects
associated with: air quality; noise and compatible land use; land use,
including Section 4(f) properties and Farmlands; coastal resources;
biological resources, including threatened and endangered species;
water resources, including surface waters and wetlands, groundwater,
floodplains, and water quality; historical, architectural,
archaeological, and cultural resources; light emissions and visual
resources; hazardous materials, pollution prevention, and solid waste;
infrastructure and utilities; and socioeconomics, environmental
justice, and children's environmental health and safety. The analysis
will include an evaluation of the potential direct and indirect
impacts, and will account for cumulative impacts from other relevant
activities in the area of Cameron County, Texas.

Alternatives

    Alternatives under consideration include the Proposed Action and
the No Action Alternative. Under the No Action Alternative, the FAA
would not issue a license or experimental permit to SpaceX. Based on
comments received during the scoping period, the FAA may propose
additional alternatives.

Scoping Meetings

    A public scoping meeting will be held to solicit input from the
public on potential issues that may need to be evaluated in the EIS.
The scoping meeting will be held on May 15, 2012 from 5 p.m. to 8 p.m.,
at the International Technology, Education and Commerce Center (ITEC
Center), located at 301 Mexico Blvd. G-1, Brownsville, Texas 78520. The
meeting format will include an open-house workshop from 5 p.m. to 6
p.m. The FAA will provide an overview of the environmental process from
6 p.m. to 6:15 p.m. followed by a public comment period from 6:15 p.m.
to 8 p.m.

    Issued in Washington, DC on April 3, 2012.
Glenn Rizner,
Deputy Manager, Space Transportation Development Division.
[FR Doc. 2012-8556 Filed 4-9-12; 8:45 am]
BILLING CODE 4910-13-P


--------------------------------------------------------------------------------
 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
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REGION 8
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1595 Wynkoop Street
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Denver, CO  80202-1129
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Phone<PHONE_NUMBER>
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www.epa.gov/region8
Ref: 8ARD-PM

The Honorable Shaun Chapoose, Chairman
Business Committee
Ute Indian Tribe of the Uintah and Ouray Reservation
P.O. Box 190
Fort Duchesne, Utah  84026-0190
<EMAIL_ADDRESS>
      Re: Notification of Consultation and Coordination with Respect to the Issuance of an Air Pollution Control Permit to Deseret Generation and Transmission Cooperative (Deseret) for the Bonanza Power Plant on the Uintah and Ouray Indian Reservation

Dear Chairman Chapoose:

The U.S. Environmental Protection Agency Region 8 is offering the Ute Indian Tribe an opportunity to consult on the EPA's potential issuance of a Clean Air Act air pollution control Minor New Source Review (MNSR) permit for a modification project at the existing Bonanza Power Plant on Indian country lands within the Uintah and Ouray Indian Reservation in Uintah County, Utah. The modification would entail the addition of 14 or 20 new natural gas-fired generator engines (dependent upon availability when a construction permit is issued) to the existing facility for the purpose of increasing electric generation capacity during times of peak demand. In accordance with the MNSR Permit Program at 40 CFR part 49, owner and operator Deseret has requested construction authorization and associated emissions limits and monitoring, recordkeeping and reporting requirements for the proposed new engines, including limits on emissions of nitrogen oxides (NOX), carbon monoxide (CO), and volatile organic compounds (VOC), engine emissions control requirements, and annual and winter ozone season engine operational restrictions. Additionally, concurrently with a new MNSR permit for the proposed engine project, Deseret has requested revisions to the existing effective MNSR permit for coal-fired boiler Unit #1 (Permit #MNSR-UO-000004-2015.004) reflecting proposed reductions in allowable NOX emissions to support a demonstration that the proposed engine project will not cause or contribute to a violation of the 2015 Ozone National Ambient Air Quality Standard. Additional information on this proposed permit action and a link to the permit docket is available on EPA's website at https://www.epa.gov/caa-permitting/caa-permit-actions-pending-epa-region-8.

The EPA welcomes the opportunity to consult and coordinate with you and the Ute Indian Tribal Leadership. This consultation and coordination process would be conducted in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes (https://www.epa.gov/tribal/forms/consultation-and-coordination-tribes). We invite you and your designated consultation representative(s) to participate in this process.

If you would like to consult about this permitting action, please respond in writing (preferably by email) to this letter within 30 days after you receive it, and we will work to schedule consultation with the Ute Indian Tribe at a mutually convenient time. The official EPA contact person for any consultation and coordination process on this permit action is Suman Kunwar, a permit engineer at Region 8. The EPA's goal is to ensure that the Tribe has an opportunity to provide meaningful input into this permit action.

In addition to offering government-to-government consultation, the EPA plans to regularly coordinate and communicate with the Ute Indian Tribe's Air Quality Program Director, Mike Natchees, for facilities located on Indian country lands within the Uintah and Ouray Indian Reservation. If you would prefer to designate an alternative representative for communication on air pollution control permitting matters, please notify us of that person's name and contact information. We will continue to keep the tribal government informed and to seek your input on these permits.

Thank you very much for your attention to this matter. Please contact me at<PHONE_NUMBER> or at<EMAIL_ADDRESS>or your staff can contact Suman Kunwar at<PHONE_NUMBER> or at<EMAIL_ADDRESS>should you have any questions on this action. We look forward to hearing from you on this important matter.

                                    Sincerely,

                                    Adrienne Sandoval
                                    Director
                                    Air and Radiation Division

cc: Edred Secakuku, Vice-Chairman, Ute Indian Tribe<EMAIL_ADDRESS>J.T. Murray, Councilman, Ute Indian Tribe<EMAIL_ADDRESS>Luke Duncan, Councilman, Ute Indian Tribe<EMAIL_ADDRESS>Ronald Wopsock, Councilman, Ute Indian Tribe<EMAIL_ADDRESS>Christopher Tabbee, Councilman, Ute Indian Tribe<EMAIL_ADDRESS>Kirby Arrive, Executive Director, Ute Indian Tribe<EMAIL_ADDRESS>Mike Natchees, Director, Air Quality Program, Ute Indian Tribe<EMAIL_ADDRESS>Jeremy Patterson, Tribal Attorney, Patterson, Earnhart, Real Bird & Wilson, LLP<EMAIL_ADDRESS>


Fifth Percentile Estimates for Level III Ecoregions in Oregon
Level III Ecoregion
                                 Stream Order
                                Calcium (mg/L)
                               Magnesium (mg/L)
                                 Sodium (mg/L)
                               Potassium (mg/L)
                               Alkalinity (mg/L)
                                Chloride (mg/L)
                                Sulfate (mg/L)
                                  DOC (mg/L)
                                1. Coast Range
                                    SO 1-3
                                      4.9
                                      0.7
                                      1.2
                                      0.1
                                     36.6
                                      0.5
                                      1.0
                                      0.4

                                    SO 4-6
                                      3.1
                                      0.8
                                      1.8
                                      0.2
                                     12.6
                                      0.9
                                      1.6

                                    SO 7-9
                                     11.2
                                      3.2
                                      4.0
                                      0.7
                                     52.1
                                      2.0
                                      5.9

                             3. Willamette Valley
                                    SO 1-3
                                      4.5
                                      1.6
                                      3.2
                                      0.5
                                     26.0
                                      2.2
                                      1.0
                                      0.4

                                    SO 4-6
                                      2.4
                                      1.0
                                      2.4
                                      0.4
                                     24.0
                                      3.1
                                      0.5

                                    SO 7-9
                                      4.7
                                      1.5
                                      3.3
                                      0.6
                                     20.0
                                      2.4
                                      2.1

                                  4. Cascades
                                    SO 1-3
                                      0.9
                                      0.1
                                      1.7
                                      0.1
                                       -
                                      0.3
                                      0.2
                                      0.2

                                    SO 4-6
                                      3.3
                                      0.9
                                      2.8
                                      0.4
                                     15.5
                                      0.7
                                      0.5

                                    SO 7-9
                                     12.5
                                      3.3
                                      3.3
                                      0.9
                                     49.9
                                      1.5
                                      5.7

                   9. Eastern Cascades Slopes and Foothills
                                    SO 1-3
                                      6.0
                                      1.2
                                      2.5
                                      0.5
                                     35.0
                                      0.2
                                      1.0
                                      0.3

                                    SO 4-6
                                      5.2
                                      0.8
                                      2.2
                                      0.5
                                     20.0
                                      0.5
                                      2.1

                                    SO 7-9
                                       -
                                       -
                                       -
                                       -
                                       -
                                       -
                                       -

                             10. Columbia Plateau
                                    SO 1-3
                                     16.8
                                      4.8
                                      6.4
                                      1.3
                                     43.4
                                      3.2
                                      6.5
                                      0.6

                                    SO 4-6
                                      7.6
                                      2.4
                                      3.2
                                      0.7
                                     25.9
                                      0.9
                                      2.4

                                    SO 7-9
                                      4.1
                                      0.9
                                      1.9
                                      0.6
                                     14.1
                                      0.5
                                      2.0

                              11. Blue Mountains
                                    SO 1-3
                                      8.6
                                      3.2
                                     49.0
                                      3.7
                                     169.0
                                     11.0
                                     24.0
                                      0.7

                                    SO 4-6
                                      3.3
                                      0.7
                                      1.3
                                      0.7
                                     13.6
                                      0.2
                                      0.4

                                    SO 7-9
                                      7.4
                                      1.1
                                      2.8
                                      0.7
                                     27.2
                                      0.6
                                      3.7

                             12. Snake River Plain
                                    SO 1-3
                                     11.9
                                      1.6
                                      4.5
                                      0.6
                                     32.5
                                      0.9
                                      1.7
                                      1.2

                                    SO 4-6
                                     11.0
                                      1.8
                                      4.2
                                      0.9
                                     33.0
                                      1.4
                                      3.1

                                    SO 7-9
                                     23.3
                                      8.1
                                     11.0
                                      1.9
                                     109.9
                                      8.9
                                     22.1

                             78. Klamath Mountains
                                    SO 1-3
                                      5.4
                                      5.1
                                      4.9
                                      0.3
                                       -
                                      2.1
                                      1.8
                                      0.5

                                    SO 4-6
                                      7.3
                                      3.0
                                      3.7
                                      0.5
                                     30.8
                                      1.7
                                      1.9

                                    SO 7-9
                                       -
                                       -
                                       -
                                       -
                                       -
                                       -
                                       -

                         80. Northern Basin and Range
                                    SO 1-3
                                      6.1
                                      1.0
                                      3.0
                                      1.0
                                     23.0
                                      0.2
                                      1.9
                                      0.9

                                    SO 4-6
                                     16.8
                                      5.9
                                      3.6
                                      0.6
                                     42.0
                                      1.3
                                      7.3

                                    SO 7-9
                                      8.9
                                      2.4
                                      7.7
                                      2.1
                                       -
                                      2.1
                                      5.1

Twenty-fifth Percentile Estimates for Level III Ecoregions in Oregon
Level III Ecoregion
                                 Stream Order
                                Calcium (mg/L)
                               Magnesium (mg/L)
                                 Sodium (mg/L)
                               Potassium (mg/L)
                               Alkalinity (mg/L)
                                Chloride (mg/L)
                                Sulfate (mg/L)
                                  DOC (mg/L)
                                1. Coast Range
                                    SO 1-3
                                      8.5
                                      1.1
                                      1.8
                                      0.2
                                     50.9
                                      0.8
                                      2.7
                                      0.9

                                    SO 4-6
                                      5.7
                                      1.3
                                      3.0
                                      0.5
                                     19.0
                                      2.7
                                      3.8

                                    SO 7-9
                                     13.9
                                      3.9
                                      4.9
                                      0.9
                                     62.0
                                      2.9
                                      7.7

                             3. Willamette Valley
                                    SO 1-3
                                     10.6
                                      3.8
                                      5.9
                                      1.5
                                     42.0
                                      4.7
                                      3.2
                                      0.6

                                    SO 4-6
                                      8.0
                                      2.8
                                      5.2
                                      0.9
                                     33.0
                                      4.0
                                      3.0

                                    SO 7-9
                                      5.7
                                      1.9
                                      4.1
                                      0.7
                                     22.8
                                      3.1
                                      2.9

                                  4. Cascades
                                    SO 1-3
                                      2.5
                                      0.8
                                      2.0
                                      0.4
                                       -
                                      0.6
                                      0.3
                                      0.4

                                    SO 4-6
                                      4.0
                                      1.1
                                      3.0
                                      0.5
                                     16.5
                                      1.2
                                      1.1

                                    SO 7-9
                                     15.9
                                      4.1
                                      4.5
                                      1.0
                                     58.3
                                      2.2
                                      8.7

                   9. Eastern Cascades Slopes and Foothills
                                    SO 1-3
                                     14.5
                                      8.0
                                     23.0
                                      3.5
                                     35.0
                                      0.5
                                      3.2
                                      0.6

                                    SO 4-6
                                      6.9
                                      1.7
                                      3.5
                                      0.6
                                     31.0
                                      0.9
                                      2.9

                                    SO 7-9
                                       -
                                       -
                                       -
                                       -
                                       -
                                       -
                                       -

                             10. Columbia Plateau
                                    SO 1-3
                                     31.2
                                     12.2
                                     18.8
                                      2.8
                                     113.0
                                      7.8
                                     24.0
                                      1.4

                                    SO 4-6
                                     13.0
                                      4.9
                                      7.0
                                      1.7
                                     54.0
                                      2.6
                                      6.1

                                    SO 7-9
                                     14.5
                                      4.0
                                      2.4
                                      0.8
                                     20.0
                                      1.2
                                      7.7

                              11. Blue Mountains
                                    SO 1-3
                                     12.4
                                      6.2
                                     49.0
                                      3.7
                                     169.0
                                     11.0
                                     24.0
                                      1.2

                                    SO 4-6
                                      5.0
                                      1.4
                                      2.1
                                      1.0
                                     23.0
                                      0.5
                                      0.9

                                    SO 7-9
                                     15.0
                                      2.9
                                      5.7
                                      1.0
                                     55.3
                                      1.5
                                      7.8

                             12. Snake River Plain
                                    SO 1-3
                                     21.3
                                      3.7
                                     11.2
                                      2.3
                                     41.0
                                      3.4
                                     10.1
                                      1.4

                                    SO 4-6
                                     21.9
                                      5.9
                                      9.4
                                      1.9
                                     65.3
                                      4.4
                                      7.9

                                    SO 7-9
                                     41.8
                                     13.0
                                     19.7
                                      3.3
                                     138.5
                                     18.8
                                     38.0

                             78. Klamath Mountains
                                    SO 1-3
                                     17.4
                                      8.2
                                      5.0
                                      0.4
                                       -
                                      2.5
                                      4.4
                                      0.6

                                    SO 4-6
                                      8.8
                                      3.9
                                      4.6
                                      0.7
                                     39.0
                                      2.8
                                      3.4

                                    SO 7-9
                                       -
                                       -
                                       -
                                       -
                                       -
                                       -
                                       -

                         80. Northern Basin and Range
                                    SO 1-3
                                      7.2
                                      1.7
                                      6.7
                                      2.8
                                     27.0
                                      0.7
                                      3.3
                                      1.3

                                    SO 4-6
                                     44.0
                                      9.4
                                      4.1
                                      0.8
                                     137.8
                                      2.5
                                     10.2

                                    SO 7-9
                                      8.9
                                      2.4
                                      7.7
                                      2.1
                                       -
                                      2.1
                                      5.1