[Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)]
[Rules and Regulations]
[Pages 21726-21729]
[FR Doc No: 2016-08271]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-2464; Directorate Identifier 2014-NM-195-AD;
Amendment 39-18476; AD 2016-07-31]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2013-22-11 for
certain The Boeing Company Model 747-400 and -400D series airplanes. AD
2013-22-11 required repetitive inspections to detect cracks in the
floor panel attachment fastener holes of certain upper deck floor beam
upper chords, repetitive inspections, corrective actions if necessary,
and replacement of the upper deck floor beam upper chords. Since we
issued AD 2013-22-11, we received a report that certain fastener holes
in the upper deck floor beam upper chords may not have been inspected
in accordance with AD 2013-22-11. This AD adds additional repetitive
inspections for cracks for certain airplanes, and corrective actions if
necessary. We are issuing this AD to detect and correct fatigue
cracking in certain upper chords of the upper deck floor beam. Such
cracks could become large and cause the floor beams to become severed
and result in rapid decompression or reduced controllability of the
airplane.

DATES: This AD is effective May 18, 2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 18,
2016.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.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<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
2464.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
2464; 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 address for the Docket Office (phone: 800-647-
5527) is 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 20590.

FOR FURTHER INFORMATION CONTACT: Nathan Weigand, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6428; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2013-22-11, Amendment 39-17643 (78 FR 66254,
November 5, 2013), (``AD 2013-22-11''). AD 2013-22-11 applied to
certain The Boeing Company Model 747-400 and -400D series airplanes.
The NPRM published in the Federal Register on July 23, 2015 (80 FR
43648) (``the NPRM''). The NPRM was prompted by a report that certain
fastener holes in the upper deck floor beam upper chords may not have
been inspected in accordance with AD 2013-22-11. The NPRM proposed to
continue to require repetitive inspections to detect cracks in the
floor panel attachment fastener holes of certain upper deck floor beam
upper chords, repetitive inspections, corrective actions if necessary,
and replacement of the upper deck floor beam upper chords. The NPRM
also proposed to require additional repetitive inspections for cracks
for certain airplanes, and corrective actions if necessary. We are
issuing this AD to detect and correct fatigue cracking in certain upper
chords of the upper deck floor beam. Such cracking could become large
and cause the floor beams to become severed and result in rapid
decompression or reduced controllability of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment. United Airlines supported the NPRM.

Request To Revise ``Exceptions to Service Information Specifications''

    Boeing requested that paragraph (m)(4), ``Exceptions to Service
Information Specifications,'' of the proposed AD be revised. Boeing
stated that Boeing Alert Service Bulletin 747-53A2688, Revision 1,
dated September 19, 2012, which is included in paragraph (m)(4), has
the same compliance time as table 3 in Boeing Alert Service Bulletin
747-53A2688, Revision 2, dated August 21, 2014; therefore, Boeing Alert
Service Bulletin 747-53A2688, Revision 2, dated August 21, 2014, should
also be included in paragraph (m)(4) of the proposed AD.
    For the reason provided by the commenter we agree to include Boeing
Alert Service Bulletin 747-53A2688, Revision 2, dated August 21, 2014,
in paragraph (m)(4) of this AD. We have also revised paragraph (m)(4)
of this AD by removing the reference to Boeing Alert Service Bulletin
747-53A2688, Revision 1, dated September 19, 2012, because this AD only
refers to Boeing Alert Service Bulletin 747-53A2688, Revision 2, dated
August 21, 2014, for compliance times.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 747-53A2688, Revision 2,
dated August 21, 2014. The service information describes procedures for
upper deck floor beam upper chord inspection and repair at floor panel
attachment fastener holes in section 41 and section 42. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 84 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection (retained actions from  Up to 309 work-                  $0  Up to $26,265 per    Up to $2,206,260
 AD 2013-22-11).                    hours x $85 per                      inspection cycle.    per inspection
                                    hour = $26,265 per                                        cycle.
                                    inspection cycle.
New inspections..................  Up to 241 work-                   0  Up to $20,485 per    Up to $1,720,740
                                    hours x $85 per                      inspection cycle.    per inspection
                                    hour = $20,485.                                           cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that will enable us to provide
a cost estimate for the repair or modification specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation

is within the scope of that authority because it addresses an unsafe
condition that is likely to exist or develop on products identified in
this rulemaking action.

Regulatory Findings

    We have 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 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.

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)
2013-22-11, Amendment 39-17643 (78 FR 66254, November 5, 2013), and
adding the following new AD:

2016-07-31 The Boeing Company: Amendment 39-18476; Docket No. FAA-
2015-2464; Directorate Identifier 2014-NM-195-AD.

(a) Effective Date

    This AD is effective May 18, 2016.

(b) Affected ADs

    This AD replaces AD 2013-22-11, Amendment 39-17643 (78 FR 66254,
November 5, 2013) (``AD 2013-22-11'').

(c) Applicability

    This AD applies to The Boeing Company Model 747-400 and -400D
series airplanes, certificated in any category, as identified in
Boeing Alert Service Bulletin 747-53A2688, Revision 2, dated August
21, 2014.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder indicating that certain upper chords of the upper deck floor
beam are subject to widespread fatigue damage. This AD was also
prompted by reports that certain fastener holes in the upper deck
floor beam upper chords in Section 41, may not have been inspected
in accordance with AD 2013-22-11. We are issuing this AD to detect
and correct fatigue cracking in certain upper chords of the upper
deck floor beam, which could become large and cause the floor beams
to become severed and result in rapid decompression or reduced
controllability of the airplane.

(f) Compliance

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

(g) Section 41--Repetitive Inspections, and Corrective Actions

    At the applicable time specified in table 1 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2688,
Revision 2, dated August 21, 2014, do open hole or surface high
frequency eddy current inspections (HFEC) for cracking of the floor
panel attachment holes in the upper deck floor beam upper chords, in
accordance with Part 1 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 747-53A2688, Revision 2, dated August 21,
2014. If any crack is found during any inspection, before further
flight, repair in accordance with Part 2 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-53A2688, Revision
2, dated August 21, 2014, or repair using a method approved in
accordance with the procedures specified in paragraph (o) of this
AD. Repeat the inspections thereafter at the applicable time
specified in table 1 of paragraph 1.E., ``Compliance,'' of Boeing
Alert Service Bulletin 747-53A2688, Revision 2, dated August 21,
2014, until an action specified in paragraph (g)(1) or (g)(2) of
this AD is done.
    (1) Doing a repair as a hole modification in accordance with
Part 2 of the Accomplishment Instructions of Boeing Alert Service
Bulletin 747-53A2688, Revision 2, dated August 21, 2014, except as
required by paragraph (m)(2) of this AD, terminates the inspections
required by paragraph (g) of this AD for the modified hole only.
    (2) Doing a modification in accordance with Figure 5 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2688, Revision 2, dated August 21, 2014, except as required by
paragraph (m)(2) of this AD, terminates the inspections required by
paragraph (g) of this AD for the modification only.

(h) Section 41--Repetitive Inspection of Repaired or Modified Holes,
and Corrective Actions

    For airplanes on which a repair specified in Part 2 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2688, Revision 2, dated August 21, 2014, is done, or a
modification specified in Figure 5 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-53A2688, Revision
2, dated August 21, 2014, is done: At the applicable time specified
in table 2 of paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 747-53A2688, Revision 2, dated August 21, 2014,
except as required by paragraph (m)(3) of this AD, do open hole or
surface HFEC for cracking of repaired or modified floor panel
attachment holes in the upper deck floor beam upper chords, in
accordance with Part 1 or Part 3, as applicable, of the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2688, Revision 2, dated August 21, 2014. If any crack is found
during any inspection required by this paragraph, before further
flight, repair using a method approved in accordance with the
procedures specified in paragraph (o) of this AD. Repeat the
inspections thereafter at the applicable time specified in table 2
of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
747-53A2688, Revision 2, dated August 21, 2014.

(i) Section 44--Repetitive Inspection, and Corrective Actions

    For airplanes identified in Group 1 in Boeing Alert Service
Bulletin 747-53A2688, Revision 2, dated August 21, 2014: At the
applicable time specified in table 3 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2688,
Revision 2, dated August 21, 2014, except as required by paragraph
(m)(4) of this AD, do open hole or surface HFEC inspections of the
floor panel attachment holes in the upper deck floor beam upper
chords, in accordance with Part 4 of the Accomplishment Instructions
of Boeing Alert Service Bulletin 747-53A2688, Revision 2, dated
August 21, 2014. If any crack is found during any inspection
required by this paragraph, before further flight, repair in
accordance with Part 5 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 747-53A2688, Revision 2, dated August 21,
2014, except as required by paragraph (m)(2) of this AD. Repeat the
inspections thereafter at the applicable time specified in table 3
of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
747-53A2688, Revision 2, dated August 21, 2014, until an action
specified in paragraph (i)(1) or (i)(2) of this AD is done.
    (1) Doing a repair as a hole modification in accordance with
Part 5 of the Accomplishment Instructions of Boeing Alert Service
Bulletin 747-53A2688, Revision 2, dated August 21, 2014, except as
required by paragraph (m)(2) of this AD, terminates the inspections
required by paragraph (i) of this AD for that modified hole only.
    (2) Doing a modification in accordance with Figure 21 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2688, Revision 2, dated August 21,

2014, except as required by paragraph (m)(2) of this AD, terminates
the inspections required by paragraph (i) of this AD for that
modified hole only.

(j) Section 44--Repetitive Inspection of Repaired or Modified Holes,
and Corrective Actions

    For airplanes identified in Group 1 in Boeing Alert Service
Bulletin 747-53A2688, Revision 2, dated August 21, 2014, on which a
repair specified in Part 5 of Boeing Alert Service Bulletin 747-
53A2688, Revision 2, dated August 21, 2014, is done or the
modification specified in Figure 21 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-53A2688, Revision
2, dated August 21, 2014, is done: At the applicable time specified
in table 4 of paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 747-53A2688, Revision 2, dated August 21, 2014,
except as required by paragraph (m)(3) of this AD, do open hole or
surface HFEC inspections of repaired or modified floor panel
attachment holes in the upper deck floor beam upper chords, in
accordance with Part 4 or Part 6, as applicable, of the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2688, Revision 2, dated August 21, 2014. If any crack is found
during any inspection by this paragraph, before further flight,
repair using a method approved in accordance with the procedures
specified in paragraph (o) of this AD. Repeat the inspections
thereafter at the applicable time specified in table 4 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 747-53A2688,
Revision 2, dated August 21, 2014.

(k) Sections 41 and 44--Replacement and Post-Replacement Repetitive
Inspections

    At the applicable time specified in table 5 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2688,
Revision 2, dated August 21, 2014: Replace all upper deck floor beam
upper chords, in accordance with Part 7 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-53A2688, Revision
2, dated August 21, 2014. Within 20,000 flight cycles after doing
the replacement, do the inspections specified in paragraphs (g) and
(i) of this AD, as applicable. Thereafter, repeat the inspections
required by paragraphs (g) and (i) of this AD, as applicable, at the
times specified in paragraphs (g) and (i) of this AD.

(l) Section 41--Repetitive Inspection of Plugged or Re-Used Holes, and
Corrective Actions

    For airplanes identified in Group 2 in Boeing Alert Service
Bulletin 747-53A2688, Revision 2, dated August 21, 2014: At the
applicable time specified in table 6 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2688,
Revision 2, dated August 21, 2014, except as required by paragraph
(m)(1) of this AD, at all plugged or reused floor panel attachment
holes in the affected floor beam upper chords, do a surface HFEC
inspection of the upper deck floor beam upper chords and detailed
inspection for cracks on the vertical flange, in accordance with
Part 8 of the Accomplishment Instructions of Boeing Alert Service
Bulletin 747-53A2688, Revision 2, dated August 21, 2014. If any
crack is found during any inspection required by this paragraph,
before further flight, repair using a method approved in accordance
with the procedures specified in paragraph (o) of this AD. Repeat
the inspections thereafter at the applicable time specified in table
6 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 747-53A2688, Revision 2, dated August 21, 2014.

(m) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Service Bulletin 747-53A2688, Revision 2,
dated August 21, 2014, specifies a compliance time ``after the
Revision 2 date of this service bulletin,'' this AD requires
compliance within the specified compliance time after the effective
date of this AD.
    (2) Where Boeing Alert Service Bulletin 747-53A2688, Revision 2,
dated August 21, 2014; specifies to contact Boeing for certain
procedures: Do the specified actions before further flight using a
method approved in accordance with the procedures specified in
paragraph (o) of this AD.
    (3) Where table 2 or table 4 of paragraph 1.E., ``Compliance,''
of Boeing Alert Service Bulletin 747-53A2688, Revision 2, dated
August 21, 2014, specifies to contact Boeing for inspections and
compliance times: Before further flight, contact the Manager,
Seattle Aircraft Certification Office (ACO), FAA, for inspections
and compliance times and accomplish the inspections at the given
times.
    (4) Where Boeing Alert Service Bulletin 747-53A2688, Revision 2,
dated August 21, 2014, specifies a compliance time ``after the
Revision 1 date of this service bulletin,'' this AD requires
compliance within the specified compliance time after December 10,
2013 (the effective date of AD 2013-22-11).

(n) Credit for Previous Actions

    (1) This paragraph restates the requirements of paragraph (o) of
AD 2013-22-11, with new reference to paragraph (h) of this AD. This
paragraph provides credit for the actions required by paragraphs (g)
and (h) of this AD, if those actions were performed before December
10, 2013 (the effective date of AD 2013-22-11), using Boeing Alert
Service Bulletin 747-53A2688, dated August 21, 2008, which was
incorporated by reference in AD 2009-10-16, Amendment 39-15901 (74
FR 22424, May 13, 2009).
    (2) This paragraph provides credit for the actions required by
paragraphs (g) through (k) of this AD, if those actions were
performed before the effective date of this AD using Boeing Alert
Service Bulletin 747-53A2688, Revision 1, dated September 19, 2012,
which was incorporated by reference in AD 2013-22-11.

(o) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
ACO, send it to the attention of the person identified in paragraph
(p) of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) 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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane and the approval must
specifically refer to this AD.
    (4) AMOCs approved for AD 2013-22-11 are approved as AMOCs for
the corresponding provisions of paragraphs (g) through (k) of this
AD.

(p) Related Information

    For more information about this AD, contact Nathan Weigand,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(q) 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 the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 747-53A2688, Revision 2, dated
August 21, 2014.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; phone: 206-544-
5000, extension 1; fax:<PHONE_NUMBER>; Internet https://www.myboeingfleet.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 March 30, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-08271 Filed 4-12-16; 8:45 am]
 BILLING CODE 4910-13-P


From:
Smith, Patrick<EMAIL_ADDRESS>Sent:
Friday, August 05, 2016 2:55 PM
To:
Jones, DonnaLee<EMAIL_ADDRESS>Cc:
Russ Dudek<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>Sellers, Daniel<EMAIL_ADDRESS>Subject:
MSC ICR Submittal Group 1 - Semiannual Title V Reports

Attached Semiannual Title V Reports for 2014 and 2015.

Patrick J. Smith
Environmental Manager
Mountain State Carbon LLC
1851 Main Street
Follansbee, WV  26037

Office:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>

<< 2.3.19 Monitoring Report 2014 1st.pdf >>
<< 2.3.19 Monitoring Report 2014 2nd.pdf >>
<< 2.3.19 Monitoring Report 2015 1st half.pdf >>
<< 2.3.19 Monitoring Report 2015 2nd half.pdf >>


[Federal Register Volume 79, Number 84 (Thursday, May 1, 2014)]
[Notices]
[Page 24735]
[FR Doc No: 2014-09900]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0021]

AbbVie Inc., et al.; Proposal To Withdraw Approval of Abbreviated
New Drug Applications for Prescription Pain Medications Containing More
Than 325 Milligrams of Acetaminophen; Opportunity for a Hearing;
Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; correction.

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

SUMMARY: The Food and Drug Administration (FDA) is correcting a notice
that appeared in the Federal Register of March 27, 2014 (79 FR 17156).
The document announced an opportunity to request a hearing on the
Agency's proposal to withdraw approval of abbreviated new drug
applications (ANDAs) from multiple sponsors. The document incorrectly
stated that the approval of ANDAs 40825, 40822, and 40824, held by
Ranbaxy Laboratories Inc. and Ranbaxy Inc., 600 College Rd. East,
Princeton, NJ 08540, and ANDA 40182, held by Pharmaceutical Associates,
Inc., 201 Delaware St., Greenville, SC 29605, had not been voluntarily
withdrawn. FDA confirms that the approval of ANDAs 40825, 40824, 40822,
and 40182 has been voluntarily withdrawn.

FOR FURTHER INFORMATION CONTACT: Rachel Turow, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6236, Silver Spring, MD 20993-0002, 301-
796-5094.

SUPPLEMENTARY INFORMATION: In FR Doc. 2014-06802, appearing on page
17156, in the Federal Register of Thursday, March 27, 2014, the
following correction is made:
    On page 17157, in table 1, the entries for ANDAs 40825, 40824,
40822, and 40182 are removed. The approval of these applications has
been withdrawn under 21 CFR 314.150(d).

    Dated: April 24, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-09900 Filed 4-30-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 84, Number 185 (Tuesday, September 24, 2019)]
[Notices]
[Pages 50041-50042]
[FR Doc No: 2019-20662]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-P-2123]

Determination That ATROPINE SULFATE ANSYR PLASTIC SYRINGE
(Atropine Sulfate Solution) Intravenous, Intramuscular, Subcutaneous,
and Endotracheal, 0.5 Milligram/5 Milliliters (0.1 Milligram/
Milliliter), Was Not Withdrawn From Sale for Reasons of Safety or
Effectiveness

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA, Agency, or we) has
determined that ATROPINE SULFATE ANSYR PLASTIC SYRINGE (atropine
sulfate solution) intravenous, intramuscular, subcutaneous, and
endotracheal, 0.5 milligram (mg)/5 milliliters (mL) (0.1 mg/mL), was
not withdrawn from sale for reasons of safety or effectiveness. This
determination will allow FDA to approve abbreviated new drug
applications (ANDAs) for atropine sulfate solution intravenous,
intramuscular, subcutaneous, and endotracheal, 0.5 mg/5 mL (0.1 mg/mL),
if all other legal and regulatory requirements are met.

FOR FURTHER INFORMATION CONTACT: Carlarease Hunter, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6213, Silver Spring, MD 20993-0002, 301-
796-3702<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In 1984, Congress enacted the Drug Price
Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417)
(the 1984 amendments), which authorized the approval of duplicate
versions of drug products under an ANDA procedure. ANDA applicants
must, with certain exceptions, show that the drug for which they are
seeking approval contains the same active ingredient in the same
strength and dosage form as the ``listed drug,'' which is a version of
the drug that was previously approved. ANDA applicants do not have to
repeat the extensive clinical testing otherwise necessary to gain
approval of a new drug application (NDA).
    The 1984 amendments include what is now section 505(j)(7) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), which
requires FDA to publish a list of all approved drugs. FDA publishes
this list as part of the ``Approved Drug Products With Therapeutic
Equivalence Evaluations,'' which is known generally as the ``Orange
Book.'' Under FDA regulations, drugs are removed from the list if the
Agency withdraws or suspends approval of the drug's NDA or ANDA for
reasons of safety or effectiveness or if FDA determines that the listed
drug was withdrawn from sale for reasons of safety or effectiveness
(Sec.  314.162 (21 CFR 314.162)).
    A person may petition the Agency to determine, or the Agency may
determine on its own initiative, whether a listed drug was withdrawn
from sale for reasons of safety or effectiveness.

This determination may be made at any time after the drug has been
withdrawn from sale, but must be made prior to approving an ANDA that
refers to the listed drug (Sec.  314.161 (21 CFR 314.161)). FDA may not
approve an ANDA that does not refer to a listed drug.
    ATROPINE SULFATE ANSYR PLASTIC SYRINGE (atropine sulfate solution)
intravenous, intramuscular, subcutaneous, and endotracheal, 0.5 mg/5 mL
(0.1 mg/mL), is the subject of NDA 021146, held by Hospira, Inc., and
initially approved on July 9, 2001. ATROPINE SULFATE ANSYR PLASTIC
SYRINGE (atropine sulfate solution) intravenous, intramuscular,
subcutaneous, and endotracheal, 0.5 mg/5 mL (0.1 mg/mL), is indicated
for temporary blockade of severe or life-threatening muscarinic effects
(e.g., as an antisialagogue, an antivagal agent, an antidote for
organophosphorus or muscarinic mushroom poisoning, and to treat
bradyasystolic cardiac arrest).
    ATROPINE SULFATE ANSYR PLASTIC SYRINGE (atropine sulfate solution)
intravenous, intramuscular, subcutaneous, and endotracheal, 0.5 mg/5 mL
(0.1 mg/mL), has never been marketed. In previous instances (see e.g.,
72 FR 9763 (March 5, 2007) and 61 FR 25497 (May 21, 1996)), the Agency
has determined that, for purposes of Sec. Sec.  314.161 and 314.162,
never marketing an approved drug product is equivalent to withdrawing
the drug from sale.
    Lachman Consultants submitted a citizen petition dated May 1, 2019
(Docket No. FDA-2019-P-2123), under 21 CFR 10.30, requesting that the
Agency determine whether ATROPINE SULFATE ANSYR PLASTIC SYRINGE
(atropine sulfate solution) intravenous, intramuscular, subcutaneous,
and endotracheal, 0.5 mg/5 mL (0.1 mg/mL), was withdrawn from sale for
reasons of safety or effectiveness.
    After considering the citizen petition and reviewing Agency records
and based on the information we have at this time, FDA has determined
under Sec.  314.161 that ATROPINE SULFATE ANSYR PLASTIC SYRINGE
(atropine sulfate solution) intravenous, intramuscular, subcutaneous,
and endotracheal, 0.5 mg/5 mL (0.1 mg/mL), was not withdrawn for
reasons of safety or effectiveness. The petitioner has identified no
data or other information suggesting that ATROPINE SULFATE ANSYR
PLASTIC SYRINGE (atropine sulfate solution) intravenous, intramuscular,
subcutaneous, and endotracheal, 0.5 mg/5 mL (0.1 mg/mL), was withdrawn
for reasons of safety or effectiveness. We have carefully reviewed our
files for records concerning the withdrawal of ATROPINE SULFATE ANSYR
PLASTIC SYRINGE (atropine sulfate solution) intravenous, intramuscular,
subcutaneous, and endotracheal, 0.5 mg/5 mL (0.1 mg/mL), from sale. We
have also independently evaluated relevant literature and data for
possible postmarketing adverse events. We have found no information
that would indicate that this drug product was withdrawn from sale for
reasons of safety or effectiveness.
    Accordingly, the Agency will continue to list ATROPINE SULFATE
ANSYR PLASTIC SYRINGE (atropine sulfate solution) intravenous,
intramuscular, subcutaneous, and endotracheal, 0.5 mg/5 mL (0.1 mg/mL),
in the ``Discontinued Drug Product List'' section of the Orange Book.
The ``Discontinued Drug Product List'' delineates, among other items,
drug products that have been discontinued from marketing for reasons
other than safety or effectiveness. ANDAs that refer to ATROPINE
SULFATE ANSYR PLASTIC SYRINGE (atropine sulfate solution) intravenous,
intramuscular, subcutaneous, and endotracheal, 0.5 mg/5 mL (0.1 mg/mL),
may be approved by the Agency as long as they meet all other legal and
regulatory requirements for the approval of ANDAs. If FDA determines
that labeling for this drug product should be revised to meet current
standards, the Agency will advise ANDA applicants to submit such
labeling.

    Dated: September 17, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-20662 Filed 9-23-19; 8:45 am]
BILLING CODE 4164-01-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request U. S. EPA, Office of Compliance, OECA 2. OMB control number b. G None a 2060  0387 3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title NESHAP for Total HAP Emissions form the Pulp and Paper Production Source Category  Process Operations, 40 CFR Part 63, Subpart S 8. Agency form number( s) EPA ICR # 1657.04 9. Keywords Clean Air Act, Environmental Protection, Air Pollution Control 10. Abstract The MACT standards for the Pulp and Paper Production Source Category apply to facilities that produce pulp, paper, or paperboard by employing kraft, soda, sulfite, semi chemical, or mechanical pulping processes using wood; or any process using secondary or non wood fiber and that emits 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants. Affected sources are all the hazardous air pollutant emission points or the HAP emission points in the pulping and bleaching system for mechanical pulping processes using wood and any process using secondary or non wood fiber. Approximately 162 sources are subject to the standard.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 162 b. Total annual responses 500 1. Percentage of these responses collected electronically 0 % c. Total annual hours requested 50,232 d. Current OMB inventory 53,924 e. Difference ( 3,692) f. Explanation of difference 1. Program Change 0 2. Adjustment ( 3,692) 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs 370 b. Total annual costs ( O& M) 0 c. Total annual cost requested 370 d. Current OMB inventory 1337 e. Difference ( 967) f. Explanation of difference 1. Program change 0 2. Adjustment ( 967)

15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. _ P_ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. X Reporting 1. Q On occasion 2. Q Weekly 3. Monthly 4. Q Quarterly 5. X Semi annually 6. Q Annually 7. Q Biannually 8. X Other ( describe) when exceedances occur 17. Statistical methods Does this information collection employ statistical methods? Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Seth Heminway Phone: ( 202) 564 7017 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

© It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( i) Why the information is being collected; ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( i) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Office Official James Edward, Director Compliance Assistance And Sector Programs Division Office of Compliance, OECA Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information ( OEI) Date OMB 83 I 10/ 95


[Federal Register Volume 82, Number 199 (Tuesday, October 17, 2017)]
[Notices]
[Pages 48304-48306]
[FR Doc No: 2017-22388]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81850; File No. SR-BOX-2017-31]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend the Fee Schedule To Update Certain Fees Assessed Under Section
VI.A (Connectivity Fees)

October 11, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 29, 2017, BOX Options Exchange LLC (the ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Exchange filed the
proposed rule change pursuant to Section 19(b)(3)(A)(ii) of the Act,\3\
and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange is filing with the Securities and Exchange Commission
(``Commission'') a proposed rule change to amend the Fee Schedule [sic]
to amend the Fee Schedule to update certain fees assessed under Section
VI.A (Connectivity Fees). While changes to the fee schedule pursuant to
this proposal will be effective upon filing, the changes will become
operative on October 2, 2017. The text of the proposed rule change is
available from the principal office of the Exchange, at the
Commission's Public Reference Room and also on the Exchange's Internet
Web site at http://boxexchange.com.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the Fee Schedule for trading on BOX
to update the connectivity fees that are assessed on market
participants.
    Section VI.A. of the BOX Fee Schedule ``Connectivity Fees'', was
created to detail the fees applicable to market participants who
connect to the BOX market network at Point of Presence (``PoP'') sites.
These sites are owned and operated by third-party external vendors, and
the fees listed in this section are meant to encompass the fees that
could be charged based on each market participant's particular
configuration. BOX does not assess Connectivity Fees; these fees are
assessed by the datacenters and are billed directly to the market
participant. Connectivity fees can include one-time set-up fees and
monthly fees charged by the third-party vendor in exchange for the
services provided to the market participant.
    The Exchange proposes to update the fees applicable for the
datacenters where market participants may connect to the BOX network:
NY4, owned and operated by Equinix; and 65 Broadway, owned and operated
by 365 Main; and the connectivity fees applicable, depending upon
connection type. Market participants are currently assessed the
following fees when connecting to the BOX network:

----------------------------------------------------------------------------------------------------------------
                                                                NY4                         65 Broadway
                                                 ---------------------------------------------------------------
                 Connection Type                   One-time set-                   One-time set-
                                                        up            Monthly           up            Monthly
----------------------------------------------------------------------------------------------------------------
POTS............................................            $100             $25             $50             $25
Ethernet........................................             N/A             N/A             250             175

T1..............................................             500             100             250             175
Cat 5/6.........................................             500             245             250             175
COAX............................................             500             245             250             200
Single & Multi Mode Fiber.......................             500             350             500             250
Extended Cross Connect..........................           1,000             750             500             400
Intra-Customer Cross Connect....................             500               0             N/A             N/A
----------------------------------------------------------------------------------------------------------------

    The Exchange proposes to remove the Extended Cross Connection Type
for NY4 datacenter. Additionally, the Exchange proposes to amend the T1
monthly fee at NY4 from $100 to $245. As such, the fees will be as
follows:

----------------------------------------------------------------------------------------------------------------
                                                                NY4                         65 Broadway
                                                 ---------------------------------------------------------------
                 Connection Type                   One-time set-                   One-time set-
                                                        up            Monthly           up            Monthly
----------------------------------------------------------------------------------------------------------------
POTS............................................            $100             $25             $50             $25
Ethernet........................................             N/A             N/A             250             175
T1..............................................             500             245             250             175
Cat 5/6.........................................             500             245             250             175
COAX............................................             500             245             250             200
Single & Multi Mode Fiber.......................             500             350             500             250
Extended Cross Connect..........................             N/A             N/A             500             400
Intra-Customer Cross Connect....................             500               0             N/A             N/A
----------------------------------------------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act, in general, and Section
6(b)(4) and 6(b)(5)of the Act,\5\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees, and other
charges among BOX Participants and other persons using its facilities
and does not unfairly discriminate between customers, issuers, brokers
or dealers.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes it is reasonable, equitable and not unfairly
discriminatory to state that connectivity fees are assessed on all
market participants that establish connections to BOX through a third-
party and that these fees will be billed directly to the market
participant. The Exchange believes that the proposed amendments to
Section VI.A. of the Fee Schedule are reasonable as they simply reflect
the fee changes made by the datacenters, changes which the Exchange has
no control over.
    Further, the Exchange believes that the proposed Connectivity Fees
constitute an equitable allocation of fees, and are not unfairly
discriminatory, as all similarly situated market participants are
charged the same amount depending on the services they receive.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes that the
proposed amendments to the Fee Schedule will not impose a burden on
competition among various Exchange Participants. The proposed change is
designed to provide greater specificity and clarity within the Fee
Schedule and does not place any Participants at a disadvantage compared
to other Participants. Further, the Exchange does not believe this rule
change will have an impact on intermarket competition.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Exchange Act \6\ and Rule 19b-4(f)(2)
thereunder,\7\ because it establishes or changes a due, or fee.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \7\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend the rule
change if it appears to the Commission that the action is necessary or
appropriate in the public interest, for the protection of investors, or
would otherwise further the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BOX-2017-31 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-BOX-2017-31. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use

only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-BOX-2017-31, and should be
submitted on or before November 7, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-22388 Filed 10-16-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 250 (Tuesday, December 31, 2019)]
[Notices]
[Pages 72356-72357]
[FR Doc No: 2019-28012]

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

[FRL--FRL-10003-68-OA]

Notification of a Public Meeting of the Chartered Science
Advisory Board

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) Science Advisory
Board (SAB) Staff Office announces a public meeting of the chartered
SAB to discuss its reviews of the following proposed rules: (1)
National Emission Standards for Hazardous Air Pollutants: Coal- and
Oil-Fired Electric Utility Steam Generating Units--Reconsideration of
Supplemental Finding and Residual Risk and Technology Review; (2) The
Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years
2021-2026 Passenger Cars and Light Trucks; (3) Strengthening
Transparency in Regulatory Science; and (4) Revised Definition of
``Waters of the United States.''

DATES: The public meeting of the chartered Science Advisory Board will
be held on Friday, January 17, 2020, from 1:00 p.m. to 5:00 p.m.
(Eastern Time), Tuesday, January 21, 2020, from 1:00 to 5:00 p.m.
(Eastern Time), Wednesday, January 22, from 1:00 p.m. to 5:00 p.m.
(Eastern Time), and Friday, January 24, 2020, from 1:00 p.m. to 5:00
p.m. (Eastern Time). The chartered SAB will hear oral public comments
on January 17, 2020.

ADDRESSES: The meeting will be conducted by telephone only.

FOR FURTHER INFORMATION CONTACT: Any member of the public who wants
further information concerning the public meeting may contact Dr.
Thomas Armitage, Designated Federal Officer (DFO), EPA Science Advisory
Board (1400R), U.S. Environmental Protection Agency, 1200 Pennsylvania
Avenue NW, Washington, DC 20460; via telephone/voice mail (202) 564-
2155, or email at<EMAIL_ADDRESS>General information
concerning the SAB can be found on the EPA website at http://www.epa.gov/sab.

SUPPLEMENTARY INFORMATION:
    Background: The SAB was established pursuant to the Environmental
Research, Development, and Demonstration Authorization Act (ERDDAA),
codified at 42 U.S.C. 4365, to provide independent scientific and
technical advice to the Administrator on the scientific and technical
basis for agency positions and regulations. The SAB is a Federal
Advisory Committee chartered under the Federal Advisory Committee Act
(FACA), 5 U.S.C., App. 2. The SAB will comply with the provisions of
FACA and all appropriate SAB Staff Office procedural policies. Pursuant
to FACA and EPA policy, notice is hereby given that the SAB will hold a
public meeting to discuss its reviews of the scientific and technical
basis of four proposed rules. Under the SAB's authorizing statute, the
SAB ``may make available to the Administrator, within the time
specified by the Administrator, its advice and comments on the adequacy
of the scientific and technical basis'' of proposed rules. At a public
meeting held on June 5-6, 2019, the SAB discussed whether to review the
scientific and technical basis of major EPA actions in the Spring 2018
regulatory agenda. The SAB decided to provide advice and comments on
the scientific and technical basis of the following proposed rules: (1)
National Emission Standards for Hazardous Air Pollutants: Coal- and
Oil-Fired Electric Utility Steam Generating Units--Reconsideration of
Supplemental Finding and Residual Risk and Technology Review; (2) The
Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years
2021-2026 Passenger Cars and Light Trucks; (3) Strengthening
Transparency in Regulatory Science; and (4) Revised Definition of
``Waters of the United States.'' The purpose of the meeting described
in this notice is to discuss draft reports developed by SAB workgroups.
    Availability of Meeting Materials: Prior to the meeting, an agenda
and other meeting materials will be placed on the SAB website at http://epa.gov/sab.
    Procedures for Providing Public Input: Public comment for
consideration by EPA's federal advisory committees and panels has a
different purpose from public comment provided to EPA program offices.
Therefore, the process for submitting comments to a federal advisory
committee is different from the process used to submit comments to an
EPA program office.

    Federal advisory committees and panels, including scientific
advisory committees, provide independent advice to the EPA. Members of
the public can submit relevant comments pertaining to the committee's
charge or meeting materials. Input from the public to the SAB will have
the most impact if it provides specific scientific or technical
information or analysis for the SAB to consider or if it relates to the
clarity or accuracy of the technical information. Members of the public
wishing to provide comment should contact the DFO directly.
    Oral Statements: In general, individuals or groups requesting an
oral presentation at a public teleconference will be limited to three
minutes. Persons interested in providing oral statements on January 17,
2020, should contact Dr. Thomas Armitage, DFO, in writing (preferably
via email) at the contact information noted above by January 10, 2020,
to be placed on the list of registered speakers.
    Written Statements: Written statements will be accepted throughout
the advisory process; however, for timely consideration by SAB members,
statements should be received in the SAB Staff Office by January 10,
2020. Written statements should be supplied to the DFO at the contact
information above via email (preferred) or in hard copy with original
signature. Submitters are requested to provide a signed and unsigned
version of each document because the SAB Staff Office does not publish
documents with signatures on its websites. Members of the public should
be aware that their personal contact information, if included in any
written comments, may be posted to the SAB website. Copyrighted
material will not be posted without explicit permission of the
copyright holder.
    Accessibility: For information on access or services for
individuals with disabilities, please contact Dr. Armitage at the phone
number or email address noted above, preferably at least ten days prior
to the meeting, to give the EPA as much time as possible to process
your request.

    Dated: December 16, 2019.
Khanna Johnston,
Deputy Director, EPA Science Advisory Board Staff Office.
[FR Doc. 2019-28012 Filed 12-30-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: September 18, 2006 (Volume 71, Number 180)]
[Notices]
[Page 54653-54654]
[DOCID:fr18se06-68]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-365-000; Docket No. RP06-231-002]

Columbia Gas Transmission Corporation; Norstar Operating, LLC v.
Columbia Gas Transmission Corporation; Notice of Meeting

September 12, 2006.
    Take notice that a meeting will be held in the above-captioned
proceeding on Tuesday, September 26, 2006, at 1 p.m. (EDT), at 200
Civic Center Drive, Columbus, Ohio 43215.
    The purpose of the meeting is to discuss the basics of pipeline
corrosion including measurement, assessment, and control methods, as
well as history and experience.
    Attendance is limited to Commission Staff and parties to the
proceeding. Those parties who want to attend

should contact Sharon Taylor at<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-15424 Filed 9-15-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Proposed Rules]
[Pages 41899-41900]
[FR Doc No: 2016-15186]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-6989; Airspace Docket No. 16-ACE-7]

Proposed Amendment of Class E Airspace; Tekamah, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify Class E airspace extending
upward from 700 feet above the surface at Tekamah Municipal Airport,
Tekamah, NE. Controlled airspace is necessary to accommodate standard
instrument approach procedures (SIAP) at Tekamah Municipal Airport for
the safety and management of Instrument Flight Rules (IFR) operations
at airport.

DATES: Comments must be received on or before August 12, 2016.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Bldg. Ground Floor Rm. W12-140, Washington, DC 20590; telephone 1-800-
647-5527 or<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2016-
6989; Airspace Docket No. 16-ACE-7, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays. The Docket Office (telephone 1-800-
647-5527), is on the ground floor of the building at the above address.
    FAA Order 7400.9Z, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone:<PHONE_NUMBER>.
The Order is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
FAA Order 7400.9Z at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class E airspace at Tekamah Municipal Airport,
Tekamah, NE.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions

presented are particularly helpful in developing reasoned regulatory
decisions on the proposal. Comments are specifically invited on the
overall regulatory, aeronautical, economic, environmental, and energy-
related aspects of the proposal. Communications should identify both
docket numbers and be submitted in triplicate to the address listed
above. Commenters wishing the FAA to acknowledge receipt of their
comments on this notice must submit with those comments a self-
addressed, stamped postcard on which the following statement is made:
``Comments to Docket No. FAA-2016-6989/Airspace Docket No. 16-ACE-7.''
The postcard will be date/time stamped and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document proposes to amend FAA Order 7400.9Z, Airspace
Designations and Reporting Points, dated August 6, 2015, and effective
September 15, 2015. FAA Order 7400.9Z is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.9Z lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by modifying Class E airspace extending
upward from 700 feet above the surface within a 6.5-mile radius of
Tekamah Municipal Airport, Tekamah, NE., with a segment extending from
the 6.5-mile radius to 9.7 miles southeast of the airport. Airspace
reconfiguration is necessary to accommodate the SIAPs at Tekamah
Municipal Airport for compliance with FAA Joint Order 7400.2K,
Procedures for Handling Airspace Matters. Controlled airspace is
necessary for the safety and management of IFR operations at the
airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.9Z, dated August 6, 2015, and effective September 15,
2015, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z,
Airspace Designations and Reporting Points, dated August 6, 2015, and
effective September 15, 2015, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ACE NE E5 Tekamah, NE [Amended]

Tekamah Municipal Airport, NE
    (Lat. 41[deg]45'49'' N., long. 96[deg]10'41'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Tekamah Municipal Airport, and within 4
miles each side of the 154[deg] bearing from the airport extending
from the 6.5-mile radius of the airport to 9.7 miles southeast of
the airport.

    Issued in Fort Worth, Texas, on June 20, 2016.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-15186 Filed 6-27-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 229 (Friday, November 27, 2020)]
[Notices]
[Pages 76073-76077]
[FR Doc No: 2020-26038]

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ENVIRONMENTAL PROTECTION AGENCY

 [EPA-R06-OW-2020-0608; FRL-10017-34-Region 6]

Public Notice of State of Texas' Submittal to EPA of Request for
Partial National Pollutant Discharge Elimination System (NPDES) Program
Authorization for Oil and Gas Discharges

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability; request for comment; notice of public
hearing.

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

SUMMARY: The United States Environmental Protection Agency (EPA),
Region 6 is requesting comments on and will hold a public hearing for
the State of Texas' application for National Pollutant Discharge
Elimination System (NPDES) authority for discharges from produced
water, hydrostatic test water and gas plant effluent, hereafter
referred to as oil and gas discharges, within the State of Texas
(``application for NPDES oil and gas authorization'' or ``the
application''). The Governor of Texas submitted the application for
NPDES oil and gas authorization, seeking approval for the Texas
Commission on Environmental Quality (TCEQ) to implement a major
category partial NPDES program as provided for under the Clean Water
Act (CWA or ``the Act''). Today, the EPA is providing public notice of
the State's submittal of the application for NPDES oil and gas
authorization and of both a public hearing and public comment period on
the State's submission. The EPA will either approve or disapprove the
State's request for program authorization after considering all
comments received. If approved, the NPDES authority for oil and gas
discharges within the State of Texas will transfer from the EPA to the
TCEQ upon the date of program approval.

DATES: Comments must be received on or before January 11, 2021. The EPA
Region 6 will hold a virtual informational public meeting, followed by
a virtual public hearing no sooner than 30 days after the date of this
notice. Please refer to the ``Public Participation'' heading of the
SUPPLEMENTARY INFORMATION section for additional information on how to
submit comments and for specifics regarding the date, times, and how to
register for the public meeting and public hearing.

ADDRESSES: You may submit comments identified by Docket No. EPA-R06-OW-
2020-0608 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    To View and/or Obtain Copies of Documents. A copy of the
application and related documents may be viewed or downloaded, at no
cost, from the EPA website at https://www.epa.gov/publicnotices/notices-search/location/Texas or https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Kilty Baskin, EPA Region 6 Office,
NPDES/Wetland Review Section (R6 WD-PN),<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. Public Participation

1. How can I get copies of this document and other related information?

    You may access this Federal Register Notice document electronically
at the EPA's website, https://www.epa.gov/publicnotices/notices-search/location/Texas or https://www.regulations.gov.

2. How and to whom do I submit comment?

    We encourage the public to submit comments electronically as
described in the ADDRESSES Section of this notice, as there may be a
delay in processing mail and hand deliveries will be accepted by
appointment only due to public health concerns related to COVID-19.
    Please submit your comments within the specified time period cited
in the DATES section of this document. Comments received after the
close of the comment period will be marked ``late''. The EPA is not
required to consider these late comments. All comments received by the
EPA in accordance with this section by the ending date of the comment
period and/or presented at the public hearing will be considered by the
EPA before a final decision is made regarding program approval.

3. How do I participate in the informational public meeting and/or
public hearing?

    Informational Public Meeting: The informational public meeting will
be held virtually and will include a technical overview of the State's
proposed NPDES oil and gas program, as well as an opportunity for
questions and answers. The TCEQ will participate with the EPA during
this meeting. Questions or comments made during the informational
meeting will not be entered into the official record. Comments for the
official record must be made in accordance with the public hearing
procedures and/or submitted to the EPA as written comments before the
end of the comment period. To register to attend the virtual public
meeting, please refer to the online registration form available via
links regarding the Texas Program Authorization notice at https://www.epa.gov/publicnotices/notices-search/location/Texas. The last day
to pre-register for the public meeting will be 3 working days prior
before the meeting date
    Public Hearing: Please note that the EPA is deviating from its
typical approach because the President has declared a national
emergency. Because of current CDC recommendations, as well as state and
local orders for social distancing to limit the spread of COVID-19, the
EPA cannot hold in-person public meetings at this time. As a result,
the public hearing will be held virtually. The public hearing will be
conducted in accordance with the provisions of 40 CFR 124.12, and will
provide interested parties with the opportunity to give written and/or
oral testimony into the official record.
    The EPA will begin pre-registering speakers for the hearing upon
publication of this document in the Federal Register. To register to
attend or speak at the virtual public hearing, please refer to the
online registration form available via links regarding the Texas
Program Authorization notice at https://www.epa.gov/publicnotices/notices-search/location/Texas to register to speak at the virtual
hearing. The last day to pre-register to speak at the hearing will be 3
working days prior before the hearing date. Prior to the hearing, EPA
will post a general agenda for the hearing that will list pre-
registered speakers in approximate order at the Texas Program
Authorization Notice page accessible from: https://www.epa.gov/publicnotices/notices-search/location/Texas
    The EPA will make every effort to follow the schedule as closely as
possible on the day of the hearing; however, please plan for the
hearing to run either ahead of schedule or behind schedule.
    The EPA encourages commenters to provide the EPA with a copy of
their oral testimony electronically (via email) by emailing it to
<EMAIL_ADDRESS>The EPA also recommends submitting the text
of your oral

comments as written comments to the official docket.
    The EPA may ask clarifying questions during the oral presentations
but will not respond to the presentations at that time. Written
statements and supporting information submitted during the comment
period will be considered with the same weight as oral comments and
supporting information presented at the public hearing.
    Please note that any updates made to any aspect of the hearing is
posted online at https://www.epa.gov/publicnotices/notices-search/location/Texas. While the EPA expects the hearing to go forward as set
forth above, please monitor our website or contact Ms. Evelyn
Rosborough, 214-665- 7515, or email<EMAIL_ADDRESS>to
determine if there are any updates. The EPA does not intend to publish
a document in the Federal Register announcing updates.
    If you require the services of a translator or a special
accommodation such as audio description, please pre-register for the
hearing at https://www.epa.gov/publicnotices/notices-search/location/Texas, and describe your needs one week before the date of the hearing.
Please note that the EPA may not be able to arrange accommodations.

B. General Information

1. Does this action apply to me?

    Entities potentially affected by this action include the regulated
oil and gas community and citizens within the State of Texas. If
authorized, the TCEQ will implement the NPDES permitting, compliance
monitoring and enforcement program for oil and gas activities in Texas.
The TCEQ's authority will apply on land within the State of Texas and
extend 3.0 statute miles (1 statute mile equals 5280 feet) offshore
into the Gulf of Mexico. The EPA retains jurisdiction for discharges
more than 3 statute miles offshore in the Gulf of Mexico. Thus, CWA oil
and gas exploration and production related discharges in these waters
remain subject to the EPA's Outer Continental Shelf of the Gulf of
Mexico General Permit (GMG290000). In addition, spills or releases of
hydrocarbons subject to the Oil Pollution Act are not subject to the
NPDES program. The EPA's authority to address releases of hydrocarbons
to waters of the United States under the Oil Pollution Act cannot be
delegated to states and TCEQ will continue to refer incidents to EPA as
the regulatory authority for the Oil Pollution Act. The TCEQ NPDES
program does not apply in areas of Indian country as defined in 18
U.S.C. 1151. The EPA retains jurisdiction over discharges in these
areas. If you have any questions regarding the applicability of this
action to a particular entity, please contact Ms. Kilty Baskin at 214-
665-7500<EMAIL_ADDRESS>
2. What action is the EPA taking?

    The EPA is providing notice of the State of Texas' request for
partial NPDES program authorization for oil and gas discharges within
the State. The Governor of Texas submitted the application for NPDES
oil and gas authorization pursuant to Section 402(b) of the CWA,
seeking approval for the TCEQ to implement a major category partial
NPDES program under Section 402(n)(3) of the Act. In accordance with
CWA section 402(b), 33 U.S.C. 1342(b), and NPDES regulations at 40 CFR
part 123, the EPA shall approve a State's application for program
approval unless adequate authority does not exist as required by the
CWA.

3. What is the EPA's authority for taking this action?

    CWA section 402 established the NPDES permitting program and gives
the EPA authority to approve state NPDES programs. 33 U.S.C. 1342(b).
CWA section 402(n)(3) authorizes the EPA to approve a Major Category
Partial Permit Program covering administration of a major category of
discharges if ``(A) such program represents a complete permit program
and covers all of the discharges under the jurisdiction of a department
or agency of the State; and (B) the Administrator determines that the
partial program represents a significant and identifiable part of the
State program required by subsection (b).'' 33 U.S.C. 1342(n)(3).
    State Permit Program Approval: Section 402 of the CWA, 33 U.S.C.
1342, created the NPDES program under which the EPA may issue permits
authorizing the point source discharge of pollutants to waters of the
United States under conditions required by the Act. CWA Section 402(b),
33 U.S.C. 1342(b), provides that the EPA shall approve a State's
request to administer its own permit program provided the State has
appropriate legal authority and a state program that meets the Act's
requirements. The regulatory requirements for state program submissions
and for EPA state program approval are set forth in 40 CFR part 123
(https://www.ecfr.gov/).
    Decision Process: Pursuant to 40 CFR 123.61(b), the EPA must
approve or disapprove Texas' application for NPDES oil and gas
authorization within 90 days of receipt of a complete program
submission, unless this review period is extended by mutual agreement
between the EPA and the State pursuant to 40 CFR 123.21(d). Under CWA
Sec.  402(b) and 40 CFR part 123, the State must show, among other
things that it has the authority to issue permits that comply with the
Act, authority to impose civil and criminal penalties for permit
violations, and authority to ensure that the public is given notice and
an opportunity for a hearing on each proposed permit. Once the State's
request for program approval is declared complete, the CWA and its
implementing regulations require the EPA to provide notice of the
State's application and allow a comment period of at least 45 days
during which the public may express their views on the proposed State
program. The EPA's public notice of the application must also provide
notice of a public hearing to be held no less than 30 days after
publication of the notice. See 40 CFR 123.61.
    After the close of the public comment period, the EPA will
determine whether to approve or disapprove the State's application
based on the requirements of section 402(b) of the CWA and 40 CFR part
123. If the EPA approves the State's program, the Regional
Administrator of EPA Region 6 will so notify the State and sign the
proposed Memorandum of Agreement between the EPA and the TCEQ (MOA). If
approved, notice of the approval will be published in the Federal
Register and, as of the date of program approval, the EPA will suspend
issuance of NPDES permits for oil and gas discharges in Texas. If the
EPA disapproves Texas' application for NPDES oil and gas authorization,
the State will be notified of the reasons for disapproval and of any
revisions or modifications to the program that are necessary to obtain
approval. The EPA will not make a final decision on whether to approval
or disapprove Texas' application until after: (1) Consideration of all
public comments provided during the public comment period, including
those submitted at the public hearing, and the preparation of a
responsiveness summary and (2) completion of government to government
tribal consultations, as requested, with federally recognized tribes in
Texas.
    Summary of the State's Application/Proposed Program: By letter
dated October 9, 2020, and received by the EPA on October 12, 2020, the
Governor of the State of Texas submitted a request for NPDES program
authorization for oil and gas discharges in Texas. The request is for
approval of a Major Category

Partial Permit Program under CWA section 402(n)(3) covering
administration of a major category of discharges within the State. The
State's NPDES oil and gas program, if approved, would be administered
by the TCEQ. The TCEQ currently implements an approved partial NPDES
permitting program, the Texas Pollutant Discharge Elimination System
(TPDES) program, for discharges to waters of the State in accordance
with Clean Water Act Sec.  402(n)(3). However, when TCEQ was granted
authority by the EPA in 1998 to administer the NPDES program for
discharges under its jurisdiction, oil and gas discharges were
regulated by the Railroad Commission of Texas (RRC) and thus were not
included as part of the approved TPDES program. As a result, EPA is the
permitting authority for oil and gas discharges in Texas. In 2019,
House Bill 2771, 86th Texas Legislature, amended Texas Water Code Sec.
26.131 to transfer jurisdiction of discharges of produced water,
hydrostatic test water, and gas plant effluent into water in the state
from the RRC to the TCEQ upon NPDES program authorization from the EPA
for such discharges. A copy of Texas Water Code Sec.  26.131 is
attached as Attachment A to the State's application.
    In accordance with 40 CFR 123.21, the State's application includes
the following 5 elements: (1) A letter from the Governor requesting
program approval; (2) A complete program description, as required by 40
CFR 123.22, describing how the State intends to carry out its
responsibilities under the Act and its implementing regulations; (3) An
Attorney General's statement as required by 40 CFR 123.23; (4) A
Memorandum of Agreement (MOA) with the Regional Administrator as
required by 40 CFR 123.24; and (5) Copies of all applicable State
statutes and regulations, including those governing State
administrative procedures.
    A complete program description is included as Attachment E to the
State's submission. The program description is divided into four (4)
chapters:
     Overview of the TCEQ, as required by 40 CFR 123.22(a) and
(b);
     Oil and Gas Permitting Program Description, as required by
40 CFR 123.22(c), (d) and (g);
     Oil and Gas Enforcement Program Description, as required
by 40 CFR 123.22(d), (e) and (g); and
     Program Costs and Funding Description, as required by 40
CFR 123.22(b)(1)-(3).
    A Statement of Legal Authority, signed by the Texas Attorney
General, is included as Attachment C to the State's submission. The
Statement of Legal Authority outlines the TCEQ's legal authority to
regulate the discharge of produced water, hydrostatic test water, and
gas plant effluent into water in the state resulting from oil and gas
activities upon NPDES program authorization from the EPA. The Statement
of Legal authority notes that when House Bill 2771 became effective,
the term ``produced water'' was not defined in State rules or statutes.
For the purposes of the TCEQ's implementation of amended Tex. Water
Code Sec.  26.131, the TCEQ defined the term ``produced water'' in 30
Tex. Admin. Code Sec.  305.541(b) as ``all wastewater associated with
oil and gas exploration, development, and production activities, except
hydrostatic test water and gas plant effluent, that is discharged into
water in the state, including waste streams regulated by 40 CFR part
435.'' Through the Statement of Legal Authority, the Texas Attorney
General certifies that amended Tex. Water Code Sec.  26.131, in
conjunction with the definition of produced water in 30 Tex. Admin.
Code Sec.  305.541(b) and the TCEQ's existing authority to issue
permits for the discharge of pollutants into water in the state in Tex.
Water Code Sec.  26.121, provides the TCEQ with authority to issue
TPDES permits for the discharge of all oil and gas wastewater into
water in the State in Texas.
    The MOA between the TCEQ and the EPA Region 6 concerning the TPDES
program and a MOA Addendum to address oil and gas discharges are
included as Attachment D to the State's submission. The MOA Addendum
recognizes that one of the most important goals for transferring NPDES
program authority to Texas for oil and gas discharge permitting,
compliance monitoring and enforcement is to promote and facilitate the
expeditious transformation of federal NPDES and state permits into one
TPDES permit. The MOA Addendum describes in detail the permitting,
compliance monitoring and enforcement authority that will transfer to
the TCEQ on the date of program authorization. Upon authorization,
jurisdiction for EPA issued oil and gas permits and primary enforcement
authority for oil and gas discharges within the State will be
transferred to the TCEQ, with certain limited exceptions. The MOA
Addendum describes in detail those exceptions, i.e., permits and
enforcement actions for which the EPA will initially retain
jurisdiction, such as permits for which appeals are pending or
enforcement actions that are currently ongoing. The MOA Addendum also
details the actions that will trigger transfer of jurisdiction for
those permits and enforcement actions to TCEQ, for example resolution
of the permit appeal or resolution of the ongoing enforcement action.
    Copies of all applicable State statutes and regulations, as well as
TCEQ Operating Policies and Procedures, are included as Attachment F to
the State's submission. Please note that TCEQ adopted by reference
EPA's Oil and Gas Effluent Limitation Guidelines (40 Code of Federal
Regulations (CFR) Part 435).
    On November 5, 2020, the TCEQ submitted revised language to
Attachment E--Ch 3 Enforcement Program Description for clarification
purposes. The revised language does not affect substantive changes to
the State's program submission. The revised language clarifies that
TCEQ's existing spill response program has been evaluated and
determined to be adequate for the inclusion of wastewater spills from
oil and gas operations subject to the NPDES program. Upon the EPA's
approval of the State's request for NPDES authority for oil and gas
discharges, primary enforcement authority for such spills and releases
will transfer to the TCEQ. Spills or releases of hydrocarbons subject
to the Oil Pollution Act are not subject to the NPDES program. The
EPA's authority to address releases of hydrocarbons to waters of the
United States under the Oil Pollution Act cannot be delegated to states
and the TCEQ will continue to refer incidents to the EPA as the
regulatory authority for the Oil Pollution Act.
    The EPA determined that the State's October 12, 2020 program
submission, including the November 5, 2020 clarification, constituted a
complete package under 40 CFR 123.21, and a letter of completeness was
sent to the State on November 12, 2020. Pursuant to 40 CFR 123.21,
within 90 days of the EPA's receipt of the State's complete program
submission, or by January 11, 2021, the EPA must approve or disapprove
the program based on the requirements of CWA Sec.  402(b) and 40 CFR
part 123 and taking into consideration all comments received, unless
this review period is extended by mutual agreement between the EPA and
the State pursuant to 40 CFR 123.21(d).

    Authority: This action is taken under the authority of section
402 of the Clean Water Act as amended, 33 U.S.C. 1342. I hereby
provide public notice of the application by the State of Texas for
approval to administer the NPDES program for discharges from oil and
gas activities within the State, in accordance with 40 CFR 123.61.

    Dated: November 19, 2020.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2020-26038 Filed 11-25-20; 8:45 am]
BILLING CODE 6560-50-P