[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Rules and Regulations]
[Pages 42707-42708]
[FR Doc No: 2015-17703]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0165; Directorate Identifier 2015-NE-02-AD;
Amendment 39-18212; AD 2015-15-03]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
General Electric Company (GE) GEnx turbofan engine models. This AD was
prompted by reports of GEnx-1B and GEnx-2B engines experiencing power
loss in ice crystal icing (ICI) conditions. This AD precludes the use
of full authority digital engine control (FADEC) software, version B175
or earlier, in GEnx-1B engines, and the use of FADEC software, version
C065 or earlier, in GEnx-2B engines. We are issuing this AD to prevent
engine failure, loss of thrust control, and damage to the airplane.

DATES: This AD is effective August 24, 2015.

ADDRESSES: For service information identified in this AD, contact
General Electric Company, GE Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH 45215; phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>You
may view this service information at the FAA, Engine & Propeller
Directorate, 12 New England Executive Park, Burlington, MA 01803. For
information on the availability of this material at the FAA, call 781-
238-7125.

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-
0165; 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 Document 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: Christopher McGuire, Aerospace
Engineer, Engine Certification Office, FAA, Engine & Propeller
Directorate, 12 New England Executive Park, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all General Electric
Company (GE) GEnx turbofan engine models. The NPRM published in the
Federal Register on March 17, 2015 (80 FR 13797). The NPRM was prompted
by reports of GEnx-1B and GEnx-2B engines experiencing power loss in
ICI conditions. The NPRM proposed to preclude the use of FADEC
software, version B175 or earlier, in GEnx-1B engines, and the use of
FADEC software, version C065 or earlier, in GEnx-2B engines. We are
issuing this AD to correct the unsafe condition on these products.

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.

Request To Delay Issuance of AD

    United Airlines (United) commented that this AD should not be
issued until after GEnx-1B FADEC software version B185 is released.
United noted that software version B185 will provide a greater level of
protection from damage to the engine due to ice crystal icing. United
indicated that the proposed AD would allow engines to operate with
FADEC software versions B178 and B180, which do not provide the
protection of software version B185.
    We do not agree. We find that precluding use of FADEC software
version B175 or earlier provides an adequate level of safety for
inadvertent encounters in ICI environments. We did not change this AD.

Request To Withdraw AD and Supersede Another AD

    United requested that we withdraw the proposed rule and, instead
supersede AD 2013-24-01 (78 FR 70851, November 27, 2013), which
requires revising the airplane flight manual for Model 747-8 and 747-8F
series airplanes and Model 787-8 airplanes powered by GEnx engines.
    We do not agree. Our AD addresses the susceptibility of GEnx
engines when operating inadvertently in ICI conditions. AD 2013-24-01
(78 FR 70851, November 27, 2013) is setting operational limitations on
Boeing Model 747-8, 747-8F, and 787-8 airplanes equipped with GEnx
engines. The ADs have different purposes, and superseding AD 2013-24-01
is outside the scope of this AD. We did not withdraw this AD.

Support for the NPRM

    The Boeing Company and the General Electric Company expressed
support for the proposed rule.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD as proposed.

Costs of Compliance

    We estimate that this AD affects 80 engines installed on airplanes
of U.S. registry. We also estimate that it will take about 1 hour per
engine to comply with this AD. The average labor rate is $85 per hour.
No parts are required. Based on these figures, we estimate the total
cost of the AD to U.S. operators to be $6,800.

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

    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 to the extent
that it justifies making a regulatory distinction, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2015-15-03 General Electric Company: Amendment 39-18212; Docket No.
FAA-2015-0165; Directorate Identifier 2015-NE-02-AD.

(a) Effective Date

    This AD is effective August 24, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all General Electric Company (GE) GEnx-1B
model turbofan engines with full authority digital engine control
(FADEC) software version B175 or earlier, installed, and GEnx-2B
model turbofan engines with FADEC software version C065 or earlier,
installed.

(d) Unsafe Condition

    This AD was prompted by reports of GEnx-1B and GEnx-2B engines
experiencing power loss in ice crystal icing (ICI) conditions. We
are issuing this AD to prevent engine failure, loss of thrust
control, and damage to the airplane.

(e) Compliance

    Comply with this AD within the compliance times specified,
unless already done.
    (1) Thirty days after the effective date of this AD, do not
operate any GE GEnx-1B engine with FADEC software version B175 or
earlier, installed in the electronic engine control (EEC).
    (2) Thirty days after the effective date of this AD, do not
operate any GE GEnx-2B engine with FADEC software version C065 or
earlier, installed in the EEC.

(f) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
to this AD. Use the procedures found in 14 CFR 39.19 to make your
request. You may email your request to<EMAIL_ADDRESS>
(g) Related Information

    (1) For more information about this AD, contact Christopher
McGuire, Aerospace Engineer, Engine Certification Office, FAA,
Engine & Propeller Directorate, 12 New England Executive Park,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) GE GEnx-1B Service Bulletin (SB) No. 73-0036 R00, dated
January 6, 2015, and GE GEnx-2B SB No. 73-0035 R00, dated September
16, 2014, which are not incorporated by reference in this AD, can be
obtained from GE using the contact information in paragraph (g)(3)
of this AD.
    (3) For service information identified in this proposed AD,
contact General Electric Company, GE Aviation, Room 285, 1 Neumann
Way, Cincinnati, OH 45215; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (4) You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

(h) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on July 13, 2015.
Carlos A. Pestana,
Acting Directorate Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2015-17703 Filed 7-17-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: December 6, 2005 (Volume 70, Number 233)]
[Notices]
[Page 72682]
[DOCID:fr06de05-71]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 52857/November 30, 2005]

Securities Exchange Act of 1934; Order Regarding Alternative Net
Capital Computation for Bear, Stearns & Co. Inc., Which Has Elected To
Be Supervised on a Consolidated Basis

    Bear Stearns & Co., Inc. (``BS&Co.''), a broker-dealer registered
with the Securities and Exchange Commission (``Commission''), and its
ultimate holding company, The Bear Stearns Companies Inc. (``TBSCI''),
have indicated their desire to be supervised by the Commission as a
consolidated supervised entity (``CSE''). BS&Co., therefore, has
submitted an application to the Commission for authorization to use the
alternative method of computing net capital contained in Appendix E to
Rule 15c3-1 (17 CFR 240.15c3-1e) to the Securities Exchange Act of 1934
(``Exchange Act'').
    Based on a review of the application that BS&Co. submitted, the
Commission has determined that the application meets the requirements
of Appendix E. The Commission also has determined that TBSCI is in
compliance with the terms of its undertakings, as provided to the
Commission under Appendix E. The Commission, therefore, finds that
approval of the application is necessary or appropriate in the public
interest or for the protection of investors.
    Accordingly,
    It Is Ordered, under paragraph (a)(7) of Rule 15c3-1 (17 CFR
240.15c3-1) to the Exchange Act, that BS&Co. may calculate net capital
using the market risk standards of Appendix E to compute a deduction
for market risk on some or all of its positions, instead of the
provisions of paragraphs (c)(2)(vi) and (c)(2)(vii) of Rule 15c3-1, and
using the credit risk standards of Appendix E to compute a deduction
for credit risk on certain credit exposures arising from transactions
in derivatives instruments, instead of the provision of paragraph
(c)(2)(iv) of Rule 15c3-1.

    By the Commission.
Jonathan G. Katz,
Secretary.
[FR Doc. E5-6858 Filed 12-5-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 35 (Friday, February 21, 2014)]
[Notices]
[Page 9928]
[FR Doc No: 2014-03822]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

Imogo Mobile Technologies Corp.; Order of Suspension of Trading

February 19, 2014.
    It appears to the Securities and Exchange Commission that the
public interest and the protection of investors require a suspension of
trading in the securities of Imogo Mobile Technologies Corp. (``IMTC'')
because of questions that have been raised about the accuracy and
adequacy of publicly disseminated information concerning, among other
things, IMTC's business, revenue, and assets. IMTC is a Nevada
corporation based in Bellevue, WA. IMTC's common stock is quoted on OTC
Link under the symbol IMTC.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed company is suspended for the period from 9:30 a.m. EST on
February 19, 2014 through 11:59 p.m. EST on March 4, 2014.

    By the Commission.
Lynn M. Powalski,
Deputy Secretary.
[FR Doc. 2014-03822 Filed 2-19-14; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Proposed Rules]
[Pages 12836-12838]
[FR Doc No: 2016-05369]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-6033; Directorate Identifier 2015-SW-019-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Airbus Helicopters Model AS 365 N3 helicopters. This proposed AD would
require inspecting the cabin and cockpit for labels, placards, or
markings that provide jettison procedure instructions for cabin doors,
removing any labels, placards, or markings that are in an incorrect
location, and installing placards where they are missing. This proposed
AD is prompted by the determination that placards had not been
installed according to specifications on newly manufactured
helicopters. The proposed actions are intended to provide exit
procedures during an emergency.

DATES: We must receive comments on this proposed AD by May 10, 2016.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
6033; or in person at the Docket Operations Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the European Aviation Safety Agency (EASA)
AD, the economic evaluation, any comments received, and other

information. The street address for the Docket Operations Office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.
    For service information identified in this proposed rule, contact
Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
http://www.airbushelicopters.com/techpub. You may review the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX
76177.

FOR FURTHER INFORMATION CONTACT: David Hatfield, Aviation Safety
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101
Hillwood Pkwy, Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD No. 2015-0068-E, dated April 29,
2015, to correct an unsafe condition for Airbus Helicopters Model AS
365 N3 helicopters without external life rafts installed, except those
helicopters modified in accordance with Airbus Helicopters modification
(MOD) 0711B68, and Model AS 365 N3 helicopters with external life rafts
installed, except those helicopters modified in accordance Airbus
Helicopters MOD 0711B67 and MOD 0711B68. EASA advises that, during
helicopter delivery after manufacturing, Airbus Helicopters identified
that placards providing jettison procedure instructions for the cabin
doors were not systematically installed or not installed in a proper
location. This condition, if not corrected, could prevent the timely
evacuation of the helicopter during an emergency. The EASA AD
consequently requires determining whether any placards are missing or
incorrectly located, installing any missing placards, and replacing any
incorrectly located placards.

FAA's Determination

    These helicopters have been approved by the aviation authority of
France and are approved for operation in the United States. Pursuant to
our bilateral agreement with France, EASA, its technical
representative, has notified us of the unsafe condition described in
its AD. We are proposing this AD because we evaluated all known
relevant information and determined that an unsafe condition is likely
to exist or develop on other products of the same type design.

Related Service Information Under 1 CFR Part 51

    We reviewed Airbus Helicopters Alert Service Bulletin No. AS365-
11.00.02, Revision 2, dated April 23, 2015 (ASB). The service
information describes procedures for replacing and installing cabin
internal evacuation markings. The ASB reports that deviations in the
locations of the cabin internal evacuation markings and missing
markings were noted during the delivery of new helicopters. The ASB
provides instructions about the locations of, characteristics of, and
information contained in the markings.
    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.

Proposed AD Requirements

    This proposed AD would require, within 50 hours time-in-service
(TIS), inspecting the cabin and cockpit for labels, placards, or
markings that provide jettison procedure instructions for cabin doors
in certain locations. If a label, placard, or marking is not located as
required or is not visible and legible to every occupant, this proposed
AD would require installing a placard in the required locations before
further flight.

Differences Between This Proposed AD and the EASA AD

    The EASA AD requires compliance within 14 days after the effective
date of the EASA AD. This AD requires compliance within 50 hours TIS.

Costs of Compliance

    We estimate that this proposed AD would affect 15 helicopters of
U.S. Registry and that labor costs would average $85 a work-hour. Based
on these estimates, we expect that inspecting the helicopter to
determine the proper location and presence of cabin door jettison
procedure placards and replacing and installing them would require 4
work hours and a parts cost of $70. We estimate a total cost of $410
per helicopter, and $6,150 for the U.S. fleet.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);

    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Airbus Helicopters: Docket No. FAA-2015-6033; Directorate Identifier
2015-SW-019-AD.

(a) Applicability

    This AD applies to Airbus Helicopters Model AS 365 N3
helicopters, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as missing or incorrectly
located information for exiting a helicopter. This condition could
result in failure to jettison cabin doors during an emergency,
resulting in death or injury of helicopter occupants.

(c) Comments Due Date

    We must receive comments by May 10, 2016.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    Within 50 hours time-in-service:
    (1) Inspect the cabin and cockpit for labels, placards, and
markings that provide jettison procedure instructions for cabin
doors.
    (2) For the left and right side, remove any existing label,
placard, and marking and install placards in accordance with the
Accomplishment Instructions, paragraph 3.B.2 and Figures 1 through
6, of Airbus Helicopters Alert Service Bulletin No. AS365-11.00.02,
Revision 2, dated April 23, 2015.

(f) Credit for Previously Completed Actions

    Actions accomplished before the effective date of this AD in
accordance with Airbus Helicopters Modification (MOD) 0711B68 for
helicopters without external life rafts or MOD 0711B68 and MOD
0711B67 for helicopters with external life rafts are considered
acceptable for compliance with this AD.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: David Hatfield, Aviation Safety
Engineer, Safety Management Group, Rotorcraft Directorate, FAA,
10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(h) Additional Information

    The subject of this AD is addressed in the European Aviation
Safety Agency (EASA) AD No. 2015-0068-E, dated April 29, 2015. You
may view the EASA AD on the Internet at http://www.regulations.gov
by searching for and locating it in Docket No. FAA-2015-6033.

 (i) Subject

    Joint Aircraft Service Component (JASC) Code: 1100, Placards and
Markings.

    Issued in Fort Worth, Texas, on February 29, 2016.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-05369 Filed 3-10-16; 8:45 am]
 BILLING CODE 4910-13-P


year y for site s.

    (b) Equation 2 of this appendix is then used to calculate the
site annual mean:
[GRAPHIC] [TIFF OMITTED] TP17JA06.053

Where:
xy,s = the annual mean concentration for year y (y = 1,
2, or 3) and for site s; and
xq,y,s = the mean for quarter q of year y for site s.

    (c) If spatial averaging is utilized, the site-based annual
means will then be averaged together to derive the spatially
averaged annual mean using equation 3 of this appendix. Otherwise
(i.e., for single site comparisons), skip to equation 4.b of this
appendix.

[GRAPHIC] [TIFF OMITTED] TP17JA06.054

Where:

xy = the spatially averaged mean for year y,
xy,s = the annual mean for year y and site s, and
ns = the number of sites designated to be averaged.

    (d) The annual standard design value is calculated using
equation 4A of this appendix when spatial averaging and equation 4B
of this appendix when not spatial averaging:
[GRAPHIC] [TIFF OMITTED] TP17JA06.055

Where:

x = the annual standard design value (the spatially averaged annual
standard design value for equation 4A of this appendix and the
single site annual standard design value for equation 4B of this
appendix); and
xy = the spatially averaged annual mean for year y
(result of equation 3 of this appendix) when spatial averaging is
used, or
xy,s = the annual mean for year y and site s (result of
equation 2 of this appendix) when spatial averaging is not used.

    (e) The annual standard design value is rounded according to the
conventions in section 4.3 of this appendix before a comparison with
the standard is made.
    4.5 Equations for the 24-Hour PM2.5 NAAQS.
    (a) When the data for a particular site and year meet the data
completeness requirements in section 4.2 of this appendix,
calculation of the 98th percentile is accomplished by the steps
provided in this subsection. Equation 5 of this appendix shall be
used to compute annual 98th percentile values, except that where a
site operates on an approved seasonal sampling schedule, equation 6
of this appendix shall be used instead. Seasonal sampling, when
approved, will be implemented in periods of calendar quarters or
months; seasonal sampling seasons shall not divide months.
Calculations of all annual 98th percentile values are based on the
applicable number of samples (as described below), rather than on
the actual number of samples. For the 24-hour NAAQS, credit will not
be granted for more samples than the maximum number of scheduled
sampling days in the sampling period. For each month, the applicable
number of samples is the lower of the actual number of samples and
the scheduled number of samples. The applicable number of samples
for a year is the sum of the twelve monthly ``applicable number of
samples'; the applicable number of samples for a season is the sum
of the corresponding monthly ``applicable number of samples''. 98th
percentile values shall be calculated as in equations 5 or 6 of this
appendix using the applicable number of samples for the year or
season. [The applicable number of samples will determine how deep to
go into the data distribution, but all samples (scheduled or not)
will be considered when making the percentile assignment.]
    (1) Regular formula for computing annual 98th percentile values.
Sort all the daily values from a particular site and year by
ascending value. (For example: (x[1], x[2], x[3], * * *, x[n]). In
this case, x[1] is the smallest number and x[n] is the largest
value.) The 98th percentile is determined from this sorted series of
daily values which is ordered from the lowest to the highest number.
Compute (0.98) x (an) as the number ``i.d'', where `an' is the
annual applicable number of samples, ``i'' is the integer part of
the result, and ``d'' is the decimal part of the result. The 98th
percentile value for year y, P0.98,y, is calculated using
equation 5 of this appendix:
[GRAPHIC] [TIFF OMITTED] TP17JA06.056

Where:

P0.98,y = 98th percentile for year y;
x[i+1] = the (i+1)th number in the ordered series of numbers; and
i = the integer part of the product of 0.98 and an.

    (2) Formula for computing annual 98th percentile values when
sampling frequencies are seasonal. Calculate the annual 98th
percentiles by determining the smallest measured concentration, x,
that makes W(x) greater than 0.98 using equation 6 of this appendix:
[GRAPHIC] [TIFF OMITTED] TP17JA06.057

Where:

dHigh = number of calendar days in the ``High'' season;
dLow = number of calendar days in the ``Low'' season;
dHigh + dLow = days in a year; and

[GRAPHIC] [TIFF OMITTED] TP17JA06.058

Such that ``a'' can be either ``High'' or ``Low'' ``x'' is the
measured concentration; and ``dHigh/(dHigh +
dLow) and dLow/(dHigh +
dLow)'' are constant and are called seasonal ``weights.''
    (b) The 24-hour standard design value is then calculated by
averaging the annual 98th percentiles using equation 7 of this
appendix:
[GRAPHIC] [TIFF OMITTED] TP17JA06.059

    (c) The 24-hour standard design value (3-year average 98th
percentile) is rounded according to the conventions in section 4.3
of this appendix before a comparison with the standard is made.

    7. Appendix O to part 50 is added to read as follows:

Appendix O to Part 50--Reference Method for the Determination of Coarse
Particulate Matter as PM10-2.5 in the Atmosphere

    1.0 Applicability and Definition.
    1.1 This method provides for the measurement of the mass
concentration of coarse particulate matter (PM10-2.5) in
ambient air over a 24-hour period for purposes of determining whether
the primary and secondary NAAQS for coarse particulate matter specified
in Sec.  50.13 of this chapter are met.
    1.2 For the purpose of this method, PM10-2.5 is defined
as particulate matter having an aerodynamic diameter in the nominal
range of 2.5 to 10 micrometers, inclusive.
    1.3 For this reference method, PM10-2.5 concentrations
shall be measured as the arithmetic difference between separate but
concurrent, collocated measurements of PM10 and
PM2.5, where the PM10 measurements are obtained
with a specially approved sampler, identified as a ``PM10c
sampler,'' that meets more demanding performance requirements than
conventional PM10 samplers described in appendix J of this
part. Measurements obtained with a PM10c sampler are
identified as ``PM10c measurements'' to distinguish them
from conventional PM10 measurements obtained with
conventional PM10 samplers. Thus, PM10-2.5 =
PM10c - PM2.5.
    1.4 The PM10c and PM2.5 gravimetric
measurement processes are considered to be nondestructive, and the
PM10c and PM2.5 samples obtained in the
PM10-2.5 measurement process can be subjected to subsequent
physical or chemical analyses.
    1.5 Quality assessment procedures are provided in part 58, appendix
A of this chapter. The quality assurance procedures and guidance
provided in reference 1 in section 13 of this appendix, although
written specifically for PM2.5, are generally applicable for
PM10c, and, hence, PM10-2.5 measurements under
this method, as well.
    1.6 A method based on specific model PM10c and
PM2.5 samplers will be considered a reference method for
purposes of part 58 of this chapter only if:
    (a) The PM10c and PM2.5 samplers and the
associated operational procedures meet the requirements specified in
this appendix and all applicable requirements in part 53 of this
chapter, and
    (b) The method based on the specific samplers and associated
operational procedures has been designated as a reference method in
accordance with part 53 of this chapter.
    1.7 PM10-2.5 methods based on samplers that meet nearly
all specifications set forth in this method but have one or more
significant but minor deviations or modifications from those
specifications may be designated as ``Class I'' equivalent methods for
PM10-2.5 in accordance with part 53 of this chapter.
    1.8 PM2.5 measurements obtained incidental to the
PM10-2.5 measurements by this method shall be considered to
have been obtained with a reference method for PM2.5 in
accordance with appendix L of this part.
    1.9 PM10c measurements obtained incidental to the
PM10-2.5 measurements by this method shall be considered to
have been obtained with a reference method for PM10 in
accordance with appendix J of this part, provided that:
    (a) The PM10c measurements are adjusted to EPA reference
conditions (25[deg]C and 760 millimeters of mercury), and
    (b) Such PM10c measurements are appropriately identified
to differentiate them from PM10 measurements obtained with
other (conventional) methods for PM10 designated in
accordance with part 53 of this chapter as reference or equivalent
methods for PM10.
    2.0 Principle.
    2.1 Separate, collocated, electrically powered air samplers for
PM10c and PM2.5 concurrently draw ambient air at
identical, constant volumetric flow rates into specially shaped inlets
and through one or more inertial particle size separators where the
suspended particulate matter in the PM10 or PM2.5
size range, as applicable, is separated for collection on a
polytetrafluoroethylene (PTFE) filter over the specified sampling
period. The air samplers and other aspects of this PM10-2.5
reference method are specified either explicitly in this appendix or by
reference to other applicable regulations or quality assurance
guidance.
    2.2 Each PM10c and PM2.5 sample collection
filter is weighed (after moisture and temperature conditioning) before
and after sample collection to determine the net weight (mass) gain due
to collected PM10c or PM2.5. The total volume of
air sampled by each sampler is determined by the sampler from the
measured flow rate at local ambient temperature and pressure and the
sampling time. The mass concentrations of both PM10c and
PM2.5 in the ambient air are computed as the total mass of
collected particles in the PM10 or PM2.5 size
range, as appropriate, divided by the total volume of air sampled by
the respective samplers, and expressed in micrograms per cubic meter
([mu]/m3)at local temperature and pressure conditions. The
mass concentration of PM10-2.5 is determined as the
PM10c concentration value less the corresponding,
concurrently measured PM2.5 concentration value.
    2.3 Most requirements for PM10-2.5 reference methods are
similar or identical to the requirements for PM2.5 reference
methods as set forth in appendix L to this part. To insure uniformity,
applicable appendix L requirements are incorporated herein by reference
in the sections where indicated rather than repeated in this appendix.
    3.0 PM10-2.5 Measurement Range.
    3.1 Lower concentration limit. The lower detection limit of the
mass concentration measurement range is estimated to be approximately 3
[mu]g/m3, based on the observed precision of
PM2.5 measurements in the national PM2.5
monitoring network, the probable similar level of precision for the
matched PM10c measurements, and the additional variability
arising from the differential nature of the measurement process. This
value is provided merely as a guide to the significance of low
PM10-2.5 concentration measurements.
    3.2 Upper concentration limit. The upper limit of the mass
concentration range is determined principally by the PM10c
filter mass loading beyond which the sampler can no longer maintain the
operating flow rate within specified limits due to increased pressure
drop across the loaded filter. This upper limit cannot be specified
precisely because it is a complex function of the ambient particle size
distribution and type, humidity, the individual filter used, the
capacity of the sampler flow rate control system, and perhaps other
factors. All PM10c samplers are estimated to be capable of
measuring 24-hour mass

concentrations of at least 200 [mu]g/m3 while maintaining
the operating flow rate within the specified limits. The upper limit
for the PM10-2.5 measurement is likely to be somewhat lower
because the PM10-2.5 concentration represents only a
fraction of the PM10 concentration.
    3.3 Sample period. The required sample period for
PM10-2.5 concentration measurements by this method shall be
at least 1,380 minutes but not more than 1,500 minutes (23 to 25
hours), and the start times of the PM2.5 and
PM10c samples are within 10 minutes and the stop times of
the samples are also within 10 minutes (see section 10.4 of this
appendix). However, a PM10-2.5 measured concentration where
the actual sample period for PM10c sample is less than 1,380
minutes, but the corresponding PM2.5 sample period is at
least 1,380 minutes, may be used as if it were a valid concentration
measurement for the specific purpose of determining an exceedance of
the NAAQS. For this purpose, the measured PM10c
concentration is determined as the PM10c mass collected
divided by the actual sampled air volume, multiplied by the actual
number of minutes in the PM10c sample period and divided by
1,440; the PM10-2.5 concentration is then calculated as
prescribed in section 12.4 of this appendix. This value represents the
minimum nominal PM10-2.5 concentration that could have been
measured for the full sample period. Accordingly, if the value thus
calculated is high enough to be an exceedance, such an exceedance would
be a valid exceedance for the sample period. When reported to AQS, this
data value should receive a special data qualifier code to identify it
as having an insufficient sample period.
    4.0 Accuracy (bias).
    4.1 Because the size, density, and volatility of the particles
making up ambient particulate matter vary over wide ranges and the mass
concentration of particles varies with particle size, it is difficult
to define the accuracy of PM10-2.5 measurements in an
absolute sense. Furthermore, generation of credible PM10-2.5
concentration standards at field monitoring sites and presenting or
introducing such standards reliably to samplers or monitors to assess
accuracy is still generally impractical. The accuracy of
PM10-2.5 measurements is therefore defined in a relative
sense as bias, referenced to measurements provided by other reference
method samplers or based on flow rate verification audits or checks, or
on other performance evaluation procedures.
    4.2 Measurement system bias for monitoring data is assessed
according to the procedures and schedule set forth in part 58, appendix
A of this chapter. The goal for the measurement uncertainty (as bias)
for monitoring data is defined in part 58, appendix A of this chapter
as an upper 95 percent confidence limit for the absolute bias of 15
percent. Reference 1 in section 13 of this appendix provides additional
information and guidance on flow rate accuracy audits and assessment of
bias.
    5.0 Precision.
    5.1 Tests to establish initial measurement precision for each
sampler of the reference method sampler pair are specified as a part of
the requirements for designation as a reference method under part 53 of
this chapter.
    5.2 Measurement system precision is assessed according to the
procedures and schedule set forth in appendix A to part 58 of this
chapter. The goal for acceptable measurement uncertainty, as precision,
of monitoring data is defined in part 58, appendix A of this chapter as
an upper 95 percent confidence limit for the coefficient of variation
(CV) of 15 percent. Reference 1 in section 13 of this appendix provides
additional information and guidance on this requirement.
    6.0 Filters for PM10c and PM2.5 Sample
Collection. Sample collection filters for both PM10c and
PM2.5 measurements shall be identical and as specified in
section 6 of appendix L to this part.
    7.0 Sampler. The PM10-2.5 sampler shall consist of a
PM10c sampler and a PM2.5 sampler, as follows:
    7.1 The PM2.5 sampler shall be as specified in section 7
of appendix L to this part.
    7.2 The PM10c sampler shall be of like manufacturer,
design, configuration, and fabrication to that of the PM2.5
sampler and as specified in section 7 of appendix L to this part,
except as follows:
    7.2.1 The particle size separator specified in section 7.3.4 of
appendix L to this part shall be eliminated and replaced by a downtube
extension fabricated as specified in Figure O-1 of this appendix.
    7.2.2 The sampler shall be identified as a PM10c sampler
on its identification label required under Sec.  53.9(d) of this
chapter.
    7.2.3 The average temperature and average barometric pressure
measured by the sampler during the sample period, as described in Table
L-1 of appendix L to this part, need not be reported to EPA's AQS data
base, as required by section 7.4.19 and Table L-1 of appendix L to this
part, provided such measurements for the sample period determined by
the associated PM2.5 sampler are reported as required.
    7.3 In addition to the operation/instruction manual required by
section 7.4.18 of appendix L to this part for each sampler,
supplemental operational instructions shall be provided for the
simultaneous operation of the samplers as a pair to collect concurrent
PM10c and PM2.5 samples. The supplemental
instructions shall cover any special procedures or guidance for
installation and setup of the samplers for PM10-2.5
measurements, such as synchronization of the samplers' clocks or
timers, proper programming for collection of concurrent samples, and
any other pertinent issues related to the simultaneous, coordinated
operation of the two samplers.
    7.4 Capability for electrical interconnection of the samplers to
simplify sample period programming and further ensure simultaneous
operation is encouraged but not required. Any such capability for
interconnection shall not supplant each sampler's capability to operate
independently, as required by section 7 of appendix L of this part.
    8.0 Filter Weighing.
    8.1 Conditioning and weighing for both PM10c and
PM2.5 sample filters shall be as specified in section 8 of
appendix L to this part. See reference 1 of section 13 of this appendix
for additional, more detailed guidance.
    8.2 Handling, conditioning, and weighing for both PM10c
and PM2.5 sample filters shall be matched such that the
corresponding PM10c and PM2.5 filters of each
filter pair receive uniform treatment. The PM10c and
PM2.5 sample filters should be weighed on the same balance,
preferably in the same weighing session and by the same analyst.
    8.3 Due care shall be exercised to accurately maintain the paired
relationship of each set of concurrently collected PM10c and
PM2.5 sample filters and their net weight gain data and to
avoid misidentification or reversal of the filter samples or weight
data. See Reference 1 of section 13 of this appendix for additional
guidance.
    9.0 Calibration. Calibration of the flow rate, temperature
measurement, and pressure measurement systems for both the
PM10c and PM2.5 samplers shall be as specified in
section 9 of appendix L to this part.
    10.0 PM10-2.5 Measurement Procedure.
    10.1 The PM10c and PM2.5 samplers shall be
installed at the monitoring site such that their ambient air inlets
differ in vertical height by not more than 0.2

meter, if possible, but in any case not more than 1 meter, and the
vertical axes of their inlets are separated by at least 1 meter but not
more than 4 meters, horizontally.
    10.2 The measurement procedure for PM10c shall be as
specified in section 10 of appendix L to this part, with
``PM10c'' substituted for ``PM2.5'' wherever it
occurs in that section.
    10.3 The measurement procedure for PM2.5 shall be as
specified in section 10 of appendix L to this part.
    10.4 For the PM10-2.5 measurement, the PM10c
and PM2.5 samplers shall be programmed to operate on the
same schedule and such that the sample period start times are within 5
minutes and the sample duration times are within 5 minutes.
    10.5 Retrieval, transport, and storage of each PM10c and
PM2.5 sample pair following sample collection shall be
matched to the extent practical such that both samples experience
uniform conditions.
    11.0 Sampler Maintenance. Both PM10c and
PM2.5 samplers shall be maintained as described in section
11 of appendix L to this part.
    12.0 Calculations.
    12.1 Both concurrent PM10c and PM2.5
measurements must be available, valid, and meet the conditions of
section 10.4 of this appendix to determine the PM10-2.5 mass
concentration.
    12.2 The PM10c mass concentration is calculated using
equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TP17JA06.060

Where:

PM10c = mass concentration of PM10c, [mu]g/
m3;
Wf, Wi = final and initial masses (weights),
respectively, of the filter used to collect the PM10c
particle sample, [mu]g;
Va = total air volume sampled by the PM10c
sampler in actual volume units measured at local conditions of
temperature and pressure, as provided by the sampler, m3.

    Note: Total sample time must be between 1,380 and 1,500 minutes
(23 and 25 hrs) for a fully valid PM10c sample; however,
see also section 3.3 of this appendix.

    12.3 The PM2.5 mass concentration is calculated as
specified in section 12 of appendix L to this part.
    12.4 The PM10-2.5 mass concentration, in [mu]g/
m3, is calculated using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TP17JA06.061

    13.0 Reference.
    1. Quality Assurance Guidance Document 2.12. Monitoring
PM2.5 in Ambient Air Using Designated Reference or Class I
Equivalent Methods. Draft, November 1998 (or later version or
supplement, if available). Available at: http://www.epa.gov/ttn/amtic/pgqa.html
.

    14.0 Figures.
    Figures O-1 is included as part of this appendix O.
BILLING CODE 6560-50-P

[GRAPHIC] [TIFF OMITTED] TP17JA06.050

BILLING CODE 6560-50-C
    8. Appendix P is added to part 50 to read as follows:

Appendix P to Part 50--Interpretation of the National Ambient Air
Quality Standards for PM10-2.5

    1.0 General.
    (a) This appendix explains the data handling conventions and
computations necessary for determining when the 24-hour primary and
secondary national ambient air quality standards (NAAQS) for
PM10-2.5 specified in Sec.  50.13 of this part are met.
PM10-2.5, defined as particles with an aerodynamic
diameter more than a nominal 2.5 micrometers and less than or equal
to a nominal 10.0 micrometers, is measured in the ambient air by a
Federal reference method (FRM) based on appendix O of this part, as
applicable, and designated in accordance with part 53 of this
chapter, or by a Federal equivalent method (FEM) designated in
accordance with part 53 of this chapter. Data handling and
computation procedures to be used in making comparisons between
reported PM10-2.5 concentrations and the levels of the
PM10-2.5 NAAQS are specified in the following sections.
    (b) Data resulting from exceptional events, for example
structural fires or high winds, may require special consideration.
In some cases, it may be appropriate to exclude these data in whole
or part because they could result in inappropriate values to compare
with the levels of the PM10-2.5 NAAQS. In other cases, it
may be more appropriate to retain the data for comparison with the
levels of the PM10-2.5 NAAQS and then allow EPA to
formulate the appropriate regulatory response.
    (c) The terms used in this appendix are defined as follows:
    Daily values for PM10-2.5 refers to the 24-hour
average concentrations of PM10-2.5 calculated (averaged)
or measured from midnight to midnight (local standard time).
    Designated monitors are those monitoring sites designated in a
State or local agency PM

Monitoring Network Description in accordance with part 58 of this
chapter.
    Design values are the metrics that are compared to the NAAQS
levels to determine compliance and are comprised of the 3-year
average of annual 98th percentile 24-hour average values recorded at
each monitoring location, are referred to as ``24-hour standard
design values,'' and are calculated as shown in section 3 of this
appendix.
    Geographic area design value (e.g., one for a county or defined
metropolitan area) is the highest valid site-level design value in
that area.
    98th percentile means the daily value out of a year of
PM10-2.5 monitoring data below which 98 percent of all
values in the group fall.
    Year refers to a calendar year.
    2.0 Requirements for data used for comparisons with the
PM10-2.5 NAAQS and data reporting considerations.
    (a) Appendix D to part 58 of this chapter specifies which
monitors are eligible for making comparisons with the
PM10-2.5 standards.
    (b) Except as otherwise provided in this appendix, only valid
FRM/FEM PM10-2.5 data required to be submitted to EPA's
Air Quality System (AQS) shall be used in the design value
calculations.
    (c) Raw concentration data (typically hourly for automated
continuous instruments and daily for manual, filter-based
instruments) shall be reported to AQS in micrograms per cubic meter
([mu]g/m\3\) to one decimal place, with additional digits to the
right being truncated.
    (d) Block 24-hour averages shall be computed from available
hourly PM10-2.5 concentration data for each corresponding
day of the year and the result shall be stored in the first, or
start, hour (i.e., midnight, hour ``0'') of the 24-hour period. A
24-hour average shall be considered valid if at least 75 percent
(i.e., 18) of the hourly averages for the 24-hour period are
available. In the event that less than all 24 hourly averages are
available (i.e., less than 24, but at least 18), the 24-hour average
shall be computed on the basis of the hours available using the
number of available hours as the divisor (e.g., 19). 24-hour periods
with 7 or more missing hours shall be considered valid if, after
substituting zero for the missing hourly concentrations, the 24-hour
average concentration is greater than the level of the standard. The
computed 24-hour average PM10-2.5 concentrations shall be
reported to one decimal place (the insignificant digits to the right
of the third decimal place are truncated, consistent with the data
handling procedures for the reported data).
    (e) All calculations shall be implemented on a site-level basis.
Site level data shall be processed as follows:
    (1) The default dataset for a site shall consist of the measured
concentrations recorded from the designated primary FRM/FEM monitor.
The primary monitor shall be designated in the appropriate State or
local agency PM Monitoring Network Description.
    (2) Data for the primary monitor shall be augmented as necessary
with data from collocated FRM/FEM monitors. If a valid 24-hour
measurement is not produced from the primary monitor for a
particular required sampling day, but a valid sample is generated by
a collocated FRM/FEM instrument (and recorded in AQS), then that
collocated value shall be considered part of the site data record.
If more than one valid collocated FRM/FEM value is available, the
average of those valid collocated values shall be used as the site
value for the day.
    3.0 Comparisons with the PM10-2.5 NAAQS.
    3.1 24-Hour PM10-2.5 NAAQS.
    (a) The 24-hour PM10-2.5 NAAQS is met when the 24-
hour standard design value at each monitoring site is less than or
equal to 70 [mu]g/m\3\. This comparison shall be based on 3
consecutive, complete years of air quality data. A year meets data
completeness requirements when at least 75 percent of the scheduled
sampling days for each quarter have valid data. However, years or 3-
year periods with high concentrations shall be considered valid,
notwithstanding quarters with less than complete data (even quarters
with less than 11 samples), if the resulting annual 98th percentile
value or resulting 24-hour standard design value (rounded according
to the conventions of section 3.2 of this appendix) is greater than
the level of the standard.
    (b) The use of less than complete data is subject to the
approval of EPA, which may consider factors such as monitoring site
closures/moves, monitoring diligence, and nearby concentrations in
determining whether to use such data.
    (c) The equations for calculating the 24-hour standard design
values are given in section 3.4 of this appendix.
    3.2 Rounding Conventions. For the purposes of comparing
calculated values to the applicable level of the standard, it is
necessary to round the final results of the calculations described
in sections 3.4 of this appendix. 24-hour PM10-2.5
standard design values shall be rounded to the nearest 1 [mu]g/m\3\
(decimals 0.5 and greater are rounded up to nearest whole number,
and any decimal lower than 0.5 is rounded down to the nearest whole
number).
    3.3 Sampling Frequency Considerations. Section 58.12 of this
chapter specifies the required minimum frequency of sampling for
PM10-2.5. Exceptions to the specified sampling
frequencies, such as a reduced frequency during a season of expected
low concentrations (i.e., ``seasonal sampling''), are subject to the
approval of EPA. Annual 98th percentile values are to be calculated
according to equation 2 in section 3.4 of this appendix when a site
operates on a ``seasonal sampling'' schedule.
    3.4 Equations for the 24-Hour PM10-2.5 NAAQS.
    (a) When the data for a particular site and year meet the data
completeness requirements in section 3.1 of this appendix,
calculation of the 98th percentile is accomplished by the steps
provided in paragraphs (a) through (c) of this section. Equation 1
of this appendix shall be used to compute annual 98th percentile
values, except that where a site operates on an approved seasonal
sampling schedule, equation 2 of this appendix shall be used
instead. Seasonal sampling, when approved, will be implemented in
periods of calendar quarters or months; seasonal sampling seasons
shall not divide months. Calculations of all annual 98th percentile
values are based on the applicable number of samples (as described
below), rather than on the actual number of samples. For the 24-hour
NAAQS, credit will not be granted for more samples than the maximum
number of scheduled sampling days in the sampling period. For each
month, the applicable number of samples is the lower of the actual
number of samples and the scheduled number of samples. The
applicable number of samples for a year is the sum of the twelve
monthly ``applicable number of samples;'' the applicable number of
samples for a season is the sum of the corresponding monthly
``applicable number of samples.'' 98th percentile values shall be
calculated as in equations 5 or 6 of this appendix using the
applicable number of samples for the year or season. The applicable
number of samples will determine how deep to go into the data
distribution, but all samples (scheduled or not) will be considered
when making the percentile assignment.
    (1) Regular formula for computing annual 98th percentile values.
Sort all the daily values from a particular site and year by
ascending value. (For example: x[1], x[2], x[3], * * *, x[n]. In
this case, x[1] is the smallest number and x[n] is the largest
value.) The 98th percentile is determined from this sorted series of
daily values. Compute (0.98) x (an) as the number ``i.d,'' where
``an'' is the applicable number of samples, ``i'' is the integer
part of the result, and ``d'' is the decimal part of the result. The
98th percentile value for year y, P0.98,y, is calculated
using equation 1 of this appendix:
[GRAPHIC] [TIFF OMITTED] TP17JA06.062

Where:

P0.98,y = 98th percentile for year y;
x[i+1] = the (i+1)th number in the ascending ordered series of
numbers for year y; and
i = the integer part of the product of 0.98 and an.

    (2) Formula for computing annual 98th percentile values when
sampling frequencies are seasonal. Calculate the annual 98th
percentiles by determining the smallest measured concentration, x,
that makes W(x) greater than 0.98 using equation 2 of this appendix:

[GRAPHIC] [TIFF OMITTED] TP17JA06.063

Where:

dHigh = number of calendar days in the ``High'' season;
dLow = number of calendar days in the ``Low'' season;
dHigh + dLow = days in a year); and
[GRAPHIC] [TIFF OMITTED] TP17JA06.064

Such that ``a'' can be either ``High'' or ``Low; '' ``x'' is the
measured concentration; and ``dHigh/(dHigh +
dLow) and dLow /(dHigh +
dLow)'' are constant and are called seasonal ``weights.''
    (b) The 3-year average 98th percentile (24-hour standard design
value) is then calculated by averaging the annual 98th percentiles
using equation 3 of this appendix:
[GRAPHIC] [TIFF OMITTED] TP17JA06.065

    (c) The 24-hour standard design value (3-year average 98th
percentile) is rounded according to the conventions in section 3.2
of this appendix before a comparison with the standard is made.

[FR Doc. 06-177 Filed 1-13-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: April 21, 2008 (Volume 73, Number 77)]
[Notices]
[Page 21343-21344]
[DOCID:fr21ap08-80]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-99-000]

Trunkline Gas Company, LLC; Notice of Request Under Blanket
Authorization

April 11, 2008.
    Take notice that on April 2, 2008, Trunkline Gas Company, LLC
(Trunkline), P. O. Box 4967, Houston, Texas 77210-4967, filed in Docket
No. CP08-99-000, a prior notice request pursuant to sections 157.205,
157.208, and 157.210 of the Federal Energy Regulatory Commission's
regulations under the Natural Gas Act for authorization to construct
and operate the Field Zone Expansion II Pipeline Project, located in
Jasper County, Texas, all as more fully set forth in the application,
which is on file with the Commission and open to public inspection. The
filing may also be viewed on the Web at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, contact FERC at<EMAIL_ADDRESS>or call toll-
free,<PHONE_NUMBER> or TYY,<PHONE_NUMBER>.

    Specifically, Trunkline proposes to construct, own, and operate
approximately 6.6 miles of 36-inch diameter mainline pipeline and
appurtenant facilities, looping Trunkline's existing pipeline in Jasper
County, Texas, augmenting the Field Zone Expansion Project facilities.
Trunkline estimates the cost of construction to be $24,490,000.
Trunkline states that this new pipeline loop, designated as Line 100-3,
will allow Trunkline to provide an additional 95 MMcf/day of firm
transportation service in Trunkline's field zone system in Texas.
    Any questions regarding the application should be directed to
Stephen T. Veatch, Regulatory Affairs, Trunkline Gas Company, LLC, 5444
Westheimer Road, Houston, Texas 77056, call<PHONE_NUMBER>, or fax
(713) 989-1158, or by e-mail<EMAIL_ADDRESS>    Any person or the Commission's Staff may, within 60 days after the
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and, pursuant to section 157.205 of
the Commission's Regulations under the Natural Gas Act (NGA) (18 CFR
157.205) a protest to the request. If no protest is filed within the
time allowed therefore, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request shall be treated as
an application for authorization pursuant to section 7 of the NGA.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the Internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-8486 Filed 4-18-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Notices]
[Page 52849]
[FR Doc No: 2016-18883]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-2226-000]

McHenry Battery Storage, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
McHenry Battery Storage, LLC`s application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is August 22, 2016.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: August 2, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-18883 Filed 8-9-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 52 (Friday, March 16, 2012)]
[Notices]
[Page 15749]
[FR Doc No: 2012-6365]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14336-000]

Peak Hour Power, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions to Intervene, and
Competing Applications

    On December 14, 2011, Peak Hour, LLC, filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act
(FPA), proposing to study the feasibility of the Silver Creek Pumped
Storage Project to be located on Silver Creek in Schuylkill County,
Pennsylvania. The sole purpose of a preliminary permit, if issued, is
to grant the permit holder priority to file a license application
during the permit term. A preliminary permit does not authorize the
permit holder to perform any land-disturbing activities or otherwise
enter upon lands or waters owned by others without the owners' express
permission.
    The proposed project would consist of: (1) A new 8,000-foot-long,
125- to 175-foot-high roller-compacted concrete semi-circular dam
forming an upper reservoir having a surface area of 150 acres and a
total storage capacity between approximately 6,138 and 9,207 acre-feet
at a normal maximum water surface elevation between 1,650 and 1,750
feet above mean sea level (msl); (2) a lower reservoir encompassing the
existing Silver Creek Reservoir and neighboring abandoned mines land
and having a surface area of 100 acres and a total storage capacity of
10,000 acre-feet at a normal maximum water surface elevation between
1,200 and 1,300 feet msl; (3) a 3,000-foot-long tunnel connecting the
upper and lower reservoirs; (4) a powerhouse containing two turbine
units with a total rated capacity of 250 megawatts; (5) a 230-kilovolt,
2-mile-long transmission line; and (6) appurtenant facilities. The
project would have an annual generation of 784,750 megawatt-hours.
    Applicant Contact: Paul DiRenzo, Jr., Peak Hour Power, LLC, 1389
Bunting Street, Pottsville, PA 17901; phone:<PHONE_NUMBER>.
    FERC Contact: Monir Chowdhury; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14336-000) in the docket number field to
access the document. For assistance, contact FERC Online Support.

    Dated: March 9, 2012.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2012-6365 Filed 3-15-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 24, 2008 (Volume 73, Number 57)]
[Proposed Rules]
[Page 15470-15471]
[DOCID:fr24mr08-18]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 59

[EPA-HQ--OAR-2006-0971; FRL-8544-1]

RIN 2060-AO86

National Volatile Organic Compound Emission Standards for Aerosol
Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The EPA is proposing to amend the National Volatile Organic
Compound Emission Standards for Aerosol Coatings final rule, published
elsewhere in this Federal Register, which is a rule that establishes
national reactivity-based emission standards for the aerosol coatings
category (aerosol spray paints) under the Clean Air Act (CAA). In the
``Rules and Regulations'' section of this Federal Register, we are
making these same amendments as a direct final rule without a prior
proposed rule. If we receive no adverse comment, we will not take
further action on this proposed rule.

DATES: Comments. Written comments must be received by April 23, 2008.
Public Hearing. If anyone contacts EPA requesting to speak at a public
hearing concerning the proposed regulation by April 3, 2008, we will
hold a public hearing on April 8, 2008. Additional information about
the opportunity for a public hearing is contained in the direct final
rule located in the rules section of this Federal Register.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2007-0429 by mail to National Volatile Organic Compound
Emission Standards for Aerosol Coatings, Environmental Protection
Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC
20460. Please include a total of two copies. Comments may also be
submitted electronically or through hand delivery/courier by following
the detailed instructions in the ADDRESSES section of the direct final
rule located in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: For further information, contact Ms.
J. Kaye Whitfield, U.S. EPA, Office of Air Quality Planning and
Standards, Sector Policies and Programs Division, Natural Resources and
Commerce Group (E143-03), Research Triangle Park, NC 27711; telephone
number<PHONE_NUMBER>; facsimile number<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>For information concerning the CAA section
183(e) consumer and commercial products program, contact Mr. Bruce
Moore, U.S. EPA, Office of Air Quality Planning and Standards, Sector
Policies and Programs Division, Natural Resources and Commerce Group
(E143-03), Research Triangle Park, North Carolina 27711, telephone
number:<PHONE_NUMBER>, facsimile number<PHONE_NUMBER>, e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Why Is EPA Issuing This Proposed Rule?

    This document proposes to take action on the National Emission
Standards for Aerosol Coatings to clarify and amend certain explanatory
and regulatory text in the rule concerning how compounds are added to
the lists in Tables 2A, 2B and 2C, and when distributors and retailers
are regulated entities responsible for compliance with the final rule.
We have published a direct final rule to make these same amendments in
the ``Rules and Regulations'' section of this Federal Register because
we view this as a non-controversial action and anticipate no adverse
comment. We have explained our reasons for this action in the preamble
to the direct final rule.
    If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will withdraw
the direct final rule, and it will not take effect. We would address
all public comments in

any subsequent final rule base on this proposed rule.
    We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
    The regulatory text for the proposal is identical to that for the
direct final rule published in the ``Rules and Regulations'' section of
this Federal Register. For further supplementary information, the
detailed rationale for the proposal and the regulatory revisions, see
the direct final rule published in a separate part of this Federal
Register.

II. Does This Action Apply to Me?

    The entities potentially affected by this proposed rule are the
same entities that are subject to the Aerosol Coatings final rule,
published elsewhere in this Federal Register. The entities affected by
the Aerosol Coatings final rule, published elsewhere in this Federal
Register, include: Manufacturers, processors, distributors, importers
of aerosol coatings for sale or distribution in the United States, and
manufacturers, processors, distributors, or importers who supply the
entities listed above with aerosol coatings for sale or distribution in
interstate commerce in the United States.

III. Statutory and Executive Order Reviews

    For a complete discussion of all the administrative requirements
applicable to this action, see the Direct Final Rule in the Rules and
Regulations section of this Federal Register.

List of Subjects in 40 CFR Part 59

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.

    Dated: March 13, 2008.
Stephen L. Johnson,
Administrator.
 [FR Doc. E8-5588 Filed 3-21-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: July 16, 2008 (Volume 73, Number 137)]
[Notices]
[Page 40862-40863]
[DOCID:fr16jy08-67]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2004-249]

City of Holyoke Gas and Electric; Notice of Application for
Amendment of License and Soliciting Comments, Motions To Intervene, and
Protests

July 9, 2008.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-Project Use of Project Lands and Waters
and Amendment of Project Boundary.
    b. Project No: 2004-249.
    c. Date Filed: May 28, 2008.
    d. Applicant: City of Holyoke Gas and Electric.
    e. Name of Project: Holyoke Hydroelectric Project.
    f. Location: The proposal would be located on the Connecticut
River, in Hampden County, Massachusetts.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Paul Ducheney, 99 Suffolk Street, Holyoke, MA
01040;<PHONE_NUMBER>.
    i. FERC Contact: Gina Krump, Telephone<PHONE_NUMBER>, and e-mail:
<EMAIL_ADDRESS>

    j. Deadline for filing comments, motions to intervene, and protest:
August 11, 2008.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency. A copy
of any motion to intervene must also be served upon each representative
of the Applicant specified in the particular application.
    k. Description of Request: The City Holyoke Gas and Electric (City)
is requesting approval to amend the project boundary to add 17.37 acres
of land in the Bachelor Brook natural area and to remove 4.62 acres of
project lands owned by Mount Holyoke College (College), giving a net
increase of 12.75 acres of project lands. Additionally, the City is
seeking Commission approval to issue a permit to the College to
construct a seasonal gangway and floating dock on project property. No
fill, excavation or other ground disturbing activities are proposed.
The proposed facilities would serve the students and members of the
College.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE, Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, call<PHONE_NUMBER> or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Any filings must bear in all capital letters the title
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as applicable,
and the Project Number of the particular application to which the
filing refers.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov
under the ``e-Filing'' link.

 Kimberly D. Bose,
Secretary.
[FR Doc. E8-16208 Filed 7-15-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36176-36179]
[FR Doc No: 2016-13031]

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

40 CFR Part 52

[EPA-R10-OAR-2013-0005; FRL-9947-23-Region 10]

Finding of Attainment and Approval of Attainment Plan for Klamath
Falls, Oregon Fine Particulate Matter Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is finalizing the
finding of attainment and approving the attainment plan submitted on
December 12, 2012 by the Oregon Department of

Environmental Quality (ODEQ) for the 2006 24-hour fine particulate
matter (PM2.5) National Ambient Air Quality Standards
(NAAQS) for the Klamath Falls, Oregon nonattainment area. Based upon
2012-2014 quality-assured, quality-controlled, and certified ambient
air monitoring data available in the EPA's Air Quality System (AQS),
the area has monitored attainment of the 2006 24-hour PM2.5
NAAQS. The EPA determined that the attainment plan addressed the
nonattainment planning requirements of the Clean Air Act (CAA) and
provided for attainment of the PM2.5 NAAQS. The attainment
plan's strategy for controlling direct and precursor PM2.5
emissions relied primarily on an episodic woodstove curtailment program
and a program to change-out uncertified woodstoves.

DATES: This final rule is effective July 6, 2016.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2013-0005. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Certain other material,
such as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://www.regulations.gov or in hard copy at the Air Planning Unit, Office of
Air and Waste, EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101. The
EPA requests that if at all possible, you contact the individual listed
in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of
the docket. You may view the hard copy of the docket Monday through
Friday, 8:00 a.m. to 4:00 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: For information please contact Justin
Spenillo at<PHONE_NUMBER><EMAIL_ADDRESS>or by using the
EPA, Region 10 address.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background Information
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Orders Review

I. Background Information

    On April 13, 2016, the EPA proposed to approve the attainment plan
submitted by the ODEQ on December 12, 2012 and to make a finding of
attainment for the Klamath Falls PM2.5 area (81 FR 21814).
An explanation of the CAA attainment planning requirements, a detailed
analysis of the ODEQ's attainment plan submittal, and the EPA's reasons
for proposing approval were provided in the notice of proposed
rulemaking, and will not be restated here. The public comment period
for this proposed rule ended on May 13, 2016. The EPA received no
comments on the proposal.

II. Final Action

    The EPA is finalizing the finding of attainment and approving the
attainment plan submitted by the ODEQ on December 12, 2012 for the
Klamath Falls PM2.5 area as meeting the requirements of the
CAA. The finding of attainment does not constitute a redesignation to
attainment. Redesignations require states to meet a number of criteria
including EPA approval of a state plan to maintain the air quality
standard for 10 years after redesignation. Additionally, the EPA is
approving and incorporating by reference updated versions of supporting
regulations, specifically sections of Oregon Administrative Rules,
Division 240 and Division 262 that provide for the contingency measures
required under the CAA. The EPA is finalizing a Clean Data
Determination (CDD) that suspends the requirements for the area to
submit an attainment demonstration, associated Reasonably Available
Control Measures, Reasonable Further Progress, contingency measures,
and any other SIP planning requirements related to the attainment of
the 2006 PM2.5 NAAQS, so long as the area continues to meet
the standard. Although a CDD suspends the requirement for submission of
certain attainment planning elements, it does not relieve the EPA of
its responsibility to take action on a state's SIP submission. The EPA
is fully approving the Klamath Falls nonattainment plan as meeting the
requirements of the CAA. The EPA is also approving Exceptional Events
on September 25, 2009; August 25, 28, and 31, 2012; and July 30 and
August 5, 2013 and removing them from the data set used for regulatory
purposes.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
regulations described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
generally available electronically through http://www.regulations.gov
and/or in hard copy at the appropriate EPA office (see the ADDRESSES
section of this preamble for more information).

IV. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

The SIP is not approved to apply on any Indian reservation land or in
any other area where the EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and it will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 5, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2) of the CAA).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 24, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart MM--Oregon

0
2. Section 52.1970:
0
a. In paragraph (c), Table 2--EPA Approved Oregon Administrative Rules
(OAR) is amended by:
0
i. Adding a undesignated heading titled ``Klamath Falls Nonattainment
Area Contingency Measures'' after the entry for ``240-0560'' and adding
the entries ``240-0570'', ``240-0580'', ``240-0610'', ``240-0620'', and
``240-0630''; and
0
ii. Adding an entry ``262-1000'' after the entry for ``262-0900''; and
0
b. In paragraph (e), table titled ``State of Oregon Air Quality Control
Program'' adding under ``Section 4'', a new entry ``4.62'' after the
entry ``4.61''.
    The additions read as follows:

Sec.  52.1970  Identification of plan.

* * * * *
    (c) * * *

                             Table 2--EPA-Approved Oregon Administrative Rules (OAR)
----------------------------------------------------------------------------------------------------------------
                                                        State
      State citation            Title/subject      effective date    EPA approval date         Explanations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                              Klamath Falls Nonattainment Area Contingency Measures
----------------------------------------------------------------------------------------------------------------
240-0570..................  Applicability........      12/11/2012  6/6/2016 [Insert
                                                                    Federal Register
                                                                    citation].
240-0580..................  Existing Industrial        12/11/2012  6/6/2016 [Insert
                             Sources Control                        Federal Register
                             Efficiency.                            citation].
240-0610..................  Continuous Monitoring      12/11/2012  6/6/2016 [Insert
                             for Industrial                         Federal Register
                             Sources.                               citation].
240-0620..................  Contingency Measures:      12/11/2012  6/6/2016 [Insert
                             New Industrial                         Federal Register
                             Sources.                               citation].
240-0630..................  Contingency Enhanced       12/11/2012  6/6/2016 [Insert
                             Curtailment of Use                     Federal Register
                             of Solid Fuel                          citation].
                             Burning Devices and
                             Fireplaces.

                                                  * * * * * * *
262-1000..................  Wood Burning               12/11/2012  6/6/2016 [Insert
                             Contingency Measures                   Federal Register
                             for PM2.5                              citation].
                             Nonattainment Areas.

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

* * * * *

    (e) * * *

                                   State of Oregon Air Quality Control Program
----------------------------------------------------------------------------------------------------------------
                                                        State
       SIP citation             Title/subject      effective date    EPA approval date         Explanations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
                                                     4.62, 12/12/  4.62, 6/6/2016         4.62, Klamath Falls
                                                             2012   [Insert Federal        PM2.5 Attainment Plan
                                                                    Register citation].

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

[FR Doc. 2016-13031 Filed 6-3-16; 8:45 am]
 BILLING CODE 6560-50-P