[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Rules and Regulations]
[Pages 13659-13662]
[FR Doc No: 2023-04631]

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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.

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Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0424; Project Identifier AD-2022-01575-A;
Amendment 39-22368; AD 2023-04-20]
RIN 2120-AA64

Airworthiness Directives; Cirrus Design Corporation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Cirrus Design Corporation (Cirrus) Model SF50 airplanes. This AD was
prompted by reports of an accident and an incident due to uncommanded
activation of the Cirrus Airframe Parachute System (CAPS) autopilot
mode while in flight. This AD requires booting the avionics in
configuration mode, inhibiting the CAPS autopilot, fabricating and
installing information placards, revising the existing airplane flight
manual (AFM) for your airplane, and revising the airworthiness
limitations section (ALS) of the existing airplane maintenance manual
(AMM) or Instructions for Continued Airworthiness (ICA) and your
existing approved maintenance or inspection program, as applicable. For
certain airplanes, this AD also requires modifying the wiring to remove
the CAPS power timer functionality. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective March 21, 2023.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 21,
2023.
    The FAA must receive comments on this AD by April 20, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov by
searching for and locating Docket No. FAA-2023-0424; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The street address for Docket
Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this final rule,
contact Cirrus Design Corporation, 4515 Taylor Circle, Duluth, MN
55811; phone:<PHONE_NUMBER>; email: cirrusaircraft.com">[email protected]cirrusaircraft.com; website:
cirrusaircraft.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov by searching for and locating Docket No. FAA-2023-0424.

FOR FURTHER INFORMATION CONTACT: Joe Dubusky, Aviation Safety Engineer,
Chicago ACO Branch, FAA, 2300 E Devon Avenue, Des Plaines, IL 60018;
phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-0424 and Project Identifier
AD-2022-01575-A'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Joe
Dubusky, Aviation Safety Engineer, Chicago ACO Branch, FAA, 2300 E
Devon Avenue, Des Plaines, IL 60018. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    The FAA received a report that a Cirrus Model SF50 airplane was
involved in an accident in which multiple flight control issues
occurred after takeoff, causing the pilot to manually deploy the CAPS
parachute. The FAA has no data showing the pilot received any crew
alert system (CAS) messages indicating a CAPS autopilot malfunction. It
was determined that the uncommanded activation of the CAPS autopilot
mode contributed to the accident. It was also determined that corrosion
in the CAPS power timer circuit (part of the CAPS autopilot control
mode circuit) may have

provided an erroneous signal to the CAPS control box, inadvertently
activating the CAPS autopilot mode. The FAA received several additional
reports of corrosion on the CAPS power timer circuits on Cirrus Model
SF50 airplanes.
    The FAA also received a report of an autopilot auto-throttle
malfunction on a Cirrus Model SF50 airplane that caused the airplane to
pitch up during climb shortly after takeoff and required manual
intervention by the pilot. This event, and the previously mentioned
accident, occurred shortly after takeoff and at an altitude of less
than 1,000 feet above ground level. The inadvertent activation of the
CAPS autopilot mode introduces an uncommanded 30-degree pitch upward at
a g-force of approximately 1.9g, which could cause the airplane to
stall in a critical phase of flight if the autopilot is not
disconnected.
    This condition, if not addressed, could result in reduced ability
of the flight crew to maintain safe flight and landing of the airplane.
The FAA is issuing this AD to address the unsafe condition on these
products.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Cirrus SF5X Service Bulletin SB5X-90-14R1, dated
January 20, 2023. This service information specifies procedures for
booting the avionics in configuration mode, inhibiting the CAPS
autopilot, fabricating and installing information placards, and
revising the AFM. For certain airplanes, the service information also
provides procedures for modifying the wiring to remove the CAPS power
timer functionality.
    The FAA also reviewed the following temporary changes. These
temporary changes provide revised CAPS procedures including interior
placards, emergency procedures, emergency CAS procedures, and abnormal
CAS procedures for affected AFMs part number (P/N) 31452-001 Revision
A1 and P/N 31452-002 Revision 3.
     Cirrus Vision SF50 Airplane Flight Manual (AFM) Temporary
Change TAFM 22-03, dated December 8, 2022, for AFM 31452-001 Revision
A1.
     Cirrus Vision SF50 Airplane Flight Manual (AFM) Temporary
Change TAFM 22-04, dated December 8, 2022, for AFM 31452-002 Revision
3.
    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 ADDRESSES.

AD Requirements

    This AD requires accomplishing the actions specified in the service
information already described. This AD also requires revising the
existing AFM for your airplane and revising the ALS of the existing AMM
or ICA and your existing approved maintenance or inspection program, as
applicable.
    The owner/operator (pilot) holding at least a private pilot
certificate may revise the existing AFM for your airplane and may
revise the ALS of the existing AMM or ICA and your existing approved
maintenance or inspection program, as applicable, and must enter
compliance with the applicable paragraphs of this AD into the aircraft
records in accordance with 14 CFR 43.9(a) and 14 CFR 91.417(a)(2)(v).
The pilot may perform these actions because they only involve revising
the existing AFM and the ALS of the existing AMM or the ICA and the
existing approved maintenance or inspection program, as applicable.
These actions could be performed equally well by a pilot or mechanic.
This is an exception to the FAA's standard maintenance regulations.

Interim Action

    The FAA considers this AD to be an interim action. The manufacturer
is currently developing a modification that will address the unsafe
condition identified in this AD. Once the modification is developed,
approved, and available, the FAA might consider additional rulemaking.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because of the possibility of uncommanded activation of the CAPS
autopilot mode occurring while in flight without advanced warning. The
inadvertent activation of the CAPS autopilot mode introduces an
uncommanded 30-degree pitch upward at a g-force of approximately 1.9g,
which could cause the airplane to stall in a critical phase of flight
if the autopilot is not disconnected. If not addressed, the unsafe
condition could result in reduced ability of the flight crew to
maintain safe flight and landing of the airplane. The actions of
inhibiting the CAPS autopilot mode and installing CAPS information
placards must be accomplished within 25 hours time-in-service, which is
approximately 2.5 months based on the average flight-hour utilization
rates of these airplanes. Accordingly, notice and opportunity for prior
public comment are impracticable and contrary to the public interest
pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.

Regulatory Flexibility Act

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

Costs of Compliance

    The FAA estimates that this AD affects 365 airplanes of U.S.
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Boot avionics in configuration    1 work-hour x $85   Not applicable....  $85 initially and   $31,025 initially.
 mode, set CAPS activated          per hour = $85.                         at each new
 autopilot to inhibited state,                                             software update/
 and incorporate Temporary                                                 load.
 Revisions into AFM.
Fabricate and install             1 work-hour x $85   Not Applicable....  $85...............  $31,025.
 information placards.             per hour = $85.
Modify the wiring to remove CAPS  1.5 work-hours x    Not Applicable....  $127.50...........  The FAA has no
 power timer functionality on      $85 per hour =                                              data to determine
 serial numbered airplanes 0005--  $127.50.                                                    the number of
 0272.                                                                                airplanes that
                                                                                might need this
                                                                                modification.
Modify the wiring to remove CAPS  .5 work-hour x $85  Not Applicable....  $42.50............  The FAA has no
 power timer functionality on      per hour = $42.50.                                          data to determine
 serial numbered airplanes 0273--                                                              the number of
 0409.                                                                                airplanes that
                                                                                might need this
                                                                                modification.
Revise the ALS of the existing    1 work-hour x $85   Not Applicable....  $85...............  $31,025.
 AMM or ICA.                       per hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2023-04-20 Cirrus Design Corporation: Amendment 39-22368; Docket No.
FAA-2023-0424; Project Identifier AD-2022-01575-A.

(a) Effective Date

    This airworthiness directive (AD) is effective March 21, 2023.

(b) Affected ADs

    None.

(c) Applicability

    Cirrus Design Corporation (Cirrus) Model SF50 airplanes, all
serial numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 2200, Auto Flight
System.

(e) Unsafe Condition

    This AD was prompted by reports of an accident and an incident
due to uncommanded activation of the Cirrus Airframe Parachute
System (CAPS) autopilot mode while in flight. The FAA is issuing
this AD to address this unsafe condition. The unsafe condition, if
not addressed, could result in the reduced ability of the flight
crew to maintain safe flight and landing of the airplane.

(f) Compliance

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

(g) Required Actions

    (1) For serial numbers 0005 through 0409 inclusive, within 25
hours time-in-service (TIS) after the effective date of this AD: Do
the actions in paragraphs (g)(1)(i) through (iii) of this AD, in
accordance with steps A., B., and C., of the Accomplishment
Instructions of Cirrus SF5X Service Bulletin SB5X-90-14R1, dated
January 20, 2023 (Cirrus SB5X-90-14R1), as applicable to the serial
number of your airplane.
    (i) Boot avionics in configuration mode.
    (ii) Set CAPS activated autopilot to inhibited state.
    (iii) Fabricate and install information placards.
    (2) For serial numbers 0005 through 0409 inclusive, within 25
hours TIS after the effective date of this AD: Revise the Emergency
Procedures section of the existing airplane flight manual (AFM) for
your airplane by inserting Cirrus Vision SF50 Airplane Flight Manual
(AFM) Temporary Change TAFM 22-03, dated December 8, 2022, for AFM
31452-001 Revision A1; or Cirrus Vision SF50 Airplane Flight Manual
(AFM) Temporary Change TAFM 22-04, dated December 8, 2022, for AFM
31452-002 Revision 3, as applicable to your airplane.
    (3) For all serial numbers, within 25 hours TIS after the
effective date of this AD: Revise the airworthiness limitations
section (ALS) of the existing airplane maintenance manual (AMM) or
Instructions for Continued Airworthiness and your existing approved
maintenance or inspection program, as applicable to your airplane,
by incorporating the language in figure 1 to paragraph (g)(3) of
this AD. This action can be done by placing a copy of this AD in the
ALS of the existing AMM for your airplane.

Figure 1 to Paragraph (g)(3)--Inhibit CAPS Autopilot Mode

[GRAPHIC] [TIFF OMITTED] TR06MR23.011

    (4) For serial numbers 0005 through 0409 inclusive, the actions
required by paragraph (g)(2) of this AD may be performed by the
owner/operator (pilot) holding at least a private pilot certificate
and must be entered into the aircraft records showing compliance
with the applicable paragraphs of this AD in accordance with 14 CFR
43.9(a) and 91.417(a)(2)(v). The record must be maintained as
required by 14 CFR 91.417, 121.380, or 135.439.
    (5) For all serial numbers, the actions required by paragraph
(g)(3) of this AD may be performed by the owner/operator (pilot)
holding at least a private pilot certificate and must be entered
into the aircraft records showing compliance with the applicable
paragraphs of this AD in accordance with 14 CFR 43.9(a) and
91.417(a)(2)(v). The record must be maintained as required by 14 CFR
91.417, 121.380, or 135.439.
    (6) For serial numbers 0005 through 0409 inclusive on which
Field Modification FRA00019905 has not been done, within 25 hours
TIS after the effective date of this AD: Modify the wiring to remove
the CAPS power timer functionality in accordance with step D. of the
Accomplishment Instructions of Cirrus SB5X-90-14R1.

(h) Credit for Previous Actions

    You may take credit for the actions required by paragraph (g)(1)
of this AD if you performed those actions before the effective date
of this AD using Cirrus SF5X Service Bulletin SB5X-90-14, dated
December 8, 2022.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Chicago ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (j) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    For more information about this AD, contact Joe Dubusky,
Aviation Safety Engineer, Chicago ACO Branch, FAA, 2300 E Devon
Avenue, Des Plaines, IL 60018; phone:<PHONE_NUMBER>; email:
[email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Cirrus SF5X Service Bulletin SB5X-90-14R1, dated January 20,
2023.
    (ii) Cirrus Vision SF50 Airplane Flight Manual (AFM) Temporary
Change TAFM 22-03, dated December 8, 2022, for AFM 31452-001
Revision A1.
    (iii) Cirrus Vision SF50 Airplane Flight Manual (AFM) Temporary
Change TAFM 22-04, dated December 8, 2022, for AFM 31452-002
Revision 3.
    (3) For service information identified in this AD, contact
Cirrus Design Corporation, 4515 Taylor Circle, Duluth, MN 55811;
phone:<PHONE_NUMBER>; email: cirrusaircraft.com">[email protected]cirrusaircraft.com; website:
cirrusaircraft.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 2, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-04631 Filed 3-2-23; 4:15 pm]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 63 (Friday, April 1, 2022)]
[Notices]
[Page 19084]
[FR Doc No: 2022-06890]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. DI21-1-000]

Badger Mountain Hydro, LLC; Notice of Declaration of Intention
and Soliciting Comments, Protests, and Motions To Intervene

    Take notice that the following application has been filed with the
Commission and is available for public inspection:

    a. Application Type: Declaration of Intention.
    b. Docket No: DI21-1-000.
    c. Date Filed: March 10, 2021.
    d. Applicant: Badger Mountain Hydro, LLC.
    e. Name of Project: Badger Mountain Pumped Storage Project.
    f. Location: The proposed Badger Mountain Pumped Storage Project
would be located near the town of East Wenatchee, in Douglas County,
Washington.
    g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16
U.S.C. 817(b).
    h. Applicant Contact: Badger Mountain Hydro, LLC; 800 W Main
Street, Ste. 1220, Boise, ID 83702; telephone:<PHONE_NUMBER>; email:
[email protected]; Agent Contact: Matthew Shapiro, CEO, Badger
Mountain Hydro, LLC; 800 W Main St., Ste. 1220, Boise, ID 83702.
    i. FERC Contact: Jennifer Polardino,<PHONE_NUMBER>, or
[email protected].
    j. Deadline for filing comments, protests, and motions to intervene
is: April 27, 2022.

    The Commission strongly encourages electronic filing. Please file
comments, protests, and motions to intervene using the Commission's
eFiling system at 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 protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy.
    Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426Submissions sent via any
other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. The first page of any filing should include docket
number DI21-1-000. Comments emailed to Commission staff are not
considered part of the Commission record.
    k. Description of Project: The proposed closed-loop Badger Mountain
Pumped Storage Project would consist of: (1) A 15 to 75-foot-high,
8,000-foot-long earthen embankment forming a 78-acre upper reservoir
with a storage capacity of 3,090 acre-feet; (2) a 40-foot-high, 650-
foot-long earthen dam and a 15-foot-high, 900-foot-long, secondary
earthen embankment forming an 80 acre lower reservoir with a storage
capacity of 3,380 acre-feet; (3) underground tunnels connecting the
upper and lower reservoirs consisting of: (a) A 17-foot diameter, 200-
foot-high vertical shaft; (b) a 17-foot diameter, 5,600-foot-long
concrete/steel-lined headrace tunnel; and (c) a 17-foot diameter, 200-
foot-long tailrace tunnel; (4) a powerhouse located in a vertical 220-
foot-high, 100-foot-diameter shaft located next to the lower reservoir
containing two 250 megawatt (MW) reversible pump-turbines/motor
generators for a total installed capacity of 500 MW; (5) emergency
backup groundwater wells No. 4 and 5 located in East Wenatchee and a
new groundwater well located approximately 5 miles southeast of East
Wenatchee to provide the initial fill and make-up water for the
reservoirs; (6) an 11-mile-long transmission line connecting to the
Bonneville Power Administration's Sickler substation; and (7)
appurtenant facilities. The proposed project would have an estimated
average annual generation of 832,200 megawatt-hours.
    When a Declaration of Intention is filed with the Federal Energy
Regulatory Commission, the Federal Power Act requires the Commission to
investigate and determine if the project would affect the interests of
interstate or foreign commerce. The Commission also determines whether
or not the project: (1) Would be located on a navigable waterway; (2)
would occupy public lands or reservations of the United States; (3)
would utilize surplus water or water power from a government dam; or
(4) would be located on a non-navigable stream over which Congress has
Commerce Clause jurisdiction and would be constructed or enlarged after
1935.
    l. Locations of the Application: This filing may be viewed on the
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
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
email of new filings and issuances related to this or other pending
projects. For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>.
    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,
and .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. Filing and Service of Responsive Documents: All filings must
bear in all capital letters the title ``COMMENTS'', ``PROTESTS'', and
``MOTIONS TO INTERVENE'', as applicable, and the Docket Number of the
particular application to which the filing refers. A copy of any Motion
to Intervene must also be served upon each representative of the
Applicant specified in the particular application.
    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.

    Dated: March 28, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-06890 Filed 3-31-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 24, 2008 (Volume 73, Number 186)]
[Notices]
[Page 55192-55194]
[DOCID:fr24se08-155]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58569; File No. SR-NASDAQ-2008-033]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order
Approving Proposed Rule Change as Modified by Amendment Nos. 1 and 2
Related to Submission of Non-Tape Reports

September 17, 2008.

I. Introduction

    On April 18, 2008, The NASDAQ Stock Market LLC (``Nasdaq'') filed
with the Securities and Exchange Commission (``Commission''), pursuant
to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Exchange
Act'' or ``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule
change related to submission of non-tape reports. On July 3, 2008,
Nasdaq filed Amendment No. 1 to the proposed rule change. The proposed
rule change was published for comment in the Federal Register on July
11, 2008.\3\ Two comments were received in support of the proposed rule
change.\4\ On August 11, 2008, Nasdaq filed Amendment No. 2 to the
proposed rule change to make certain technical, non-substantive
modifications to the original rule filing. This order approves the
proposed rule change, as amended.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 58101 (July 3,
2008), 73 FR 40002.
    \4\ See e-mail from Kirk Allen, Managing Director, Trading, NWQ
Investment Management, dated August 1, 2008 (``NWQ Investment
Letter'') and letter from William D. Edick, Pickard and Djinis LLP,
to Florence E. Harmon, Acting Secretary, Commission, dated September
11, 2008 (``Pickard Letter'').
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II. Description of the Proposal

    The proposed rule change would: Expand the scope of step-outs \5\
to include all securities transfers from one Nasdaq member to another
provided the transfer does not constitute a reportable trade,\6\
eliminate the requirement for an authorizing agreement when Nasdaq
members use the Automated Confirmation Transaction service (``ACT'') to
effect a step-out along with the transfer of a sales fee or similar
fee,\7\ describe riskless transactions,\8\ state that members may not
use the step-out function in lieu of reporting a trade,\9\ and
establish a fee for the use of the step-out function to transfer a
transaction fee.\10\
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    \5\ Nasdaq states that a step-out is a clearing entry used to
transfer a broker's position in a security to another broker, or
within accounts at a firm.
    \6\ Rule 7038(b).
    \7\ Rule 7038(c).
    \8\ Rule 7042. Nasdaq states that this requirement follows the
general standard for riskless principal transactions articulated in
Financial Industry Regulatory Authority (``FINRA'') Rule
4632(d)(3)(B).
    \9\ Rule 7038(d), 7042(b) and 7043(a).
    \10\ Rule 7043.
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    Nasdaq will allow members to submit records for riskless transfers
using the following capacities: ``Riskless Principal'' where the member
acted as principal on the trade or trades related to the riskless
submission; ``Agent'' where the member acted as agent on the trade or
trades related to the riskless submission; and ``Intra-Broker'' where
the transfer is occurring strictly within a member firm.

Transaction Fees

    According to Nasdaq, trade reporting rules of other SROs allow
transaction fees to be included in clearing reports. Nasdaq proposes to
permit members to include transaction fees in clearing reports
submitted under Rule 7038 or 7042, if the members agree in advance to
transfer the transaction fee and if they are parties to a written
agreement

permitting the submission of fee-inclusive clearing reports. Nasdaq
would allow members to transfer to another Nasdaq member transaction
fees using the clearing reports that Nasdaq forwards to the National
Securities Clearing Corporation (``NSCC'') to clear a trade. Nasdaq
will impose a fee of $0.03 per-side for each such clearing report.\11\
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    \11\Nasdaq states that under NASD Rule 7002B, FINRA/Nasdaq TRF
participants are charged a fee of $0.03 per side for submission of a
clearing report to transfer a transaction fee charged by one FINRA
member to another.
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Step-Outs

    A step-out is a transfer of all or a portion of a broker-dealer's
securities position to another broker-dealer which transfer does not
constitute a trade. According to Nasdaq, this proposal builds upon
previous attempts to provide step-out parameters for its members.
Nasdaq initially offered step-out capability in 2007 because FINRA
rules restricted the use of step-outs to those portions of trades that
were originally executed by, and reported to, FINRA facilities.\12\
Certain broker-dealers wished to engage in step-outs but did not have
systems in place to capture the venue of the original trade execution
and/or they may have executed various portions of the underlying trade
in non-FINRA facilities. FINRA rules do not permit the use of step-outs
under these conditions. Accordingly, Nasdaq amended its rules to allow
the use of step-outs in connection with any trade to which a Nasdaq
member was a party regardless of the market on which the trade was
executed.\13\
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    \12\ See Securities Exchange Act Release No. 56345 (August 31,
2007), 72 FR 51880 (September 11, 2007).
    \13\ Id.
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    Nasdaq amended its step-out rules again in 2007 to require clearing
member firms that wanted to transfer certain sales fees without
transferring the underlying shares to have an authorizing agreement. No
authorizing agreement is required when Nasdaq members conduct step-outs
if the transfers are limited to transfer of the underlying shares.\14\
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    \14\ See Securities Exchange Act Release No. 56929 (December 7,
2007), 72 FR 71176 (December 14, 2007).
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    Nasdaq is again expanding its step-out parameters: first, it
proposes to expand the scope of step-outs to include all securities
transfers from one Nasdaq member to another provided that the transfer
does not constitute a reportable trade; second, Nasdaq is eliminating
the requirement for an authorizing agreement when Nasdaq members use
ACT to effect a step-out along with the transfer of a sales or similar
fee.\15\ Third, Nasdaq is reiterating in its rules that step-outs are
not trade reports and cannot be used as such and reminding members of
the need to comply with trade reporting rules of other SROs governing a
particular transaction.\16\ Finally, Nasdaq is implementing a fee for
step-outs that also transfer a transaction fee.
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    \15\ Nasdaq represents that step-outs are already completed
pursuant to formal agreements among Nasdaq members or through ACT's
comparison processes, which renders the current requirement for an
authorizing agreement duplicative.
    This proposed rule change would not change the requirement of a
formal sales fee transfer agreement between firms that wish to use
ACT to move sales fees without an accompanying transfer of
securities. Nasdaq believes that it is important to retain the
requirement that the parties to a fee transfer have a written
agreement specifically permitting the fee transfers because a sales
fee transfer that moves no shares is not a step-out and therefore
there are no specific share movements for firms to readily identify
as being associated with the fee transfer.
    \16\ See Rules 7038(d), 7042(b) and 7043(a).
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    Nasdaq believes that the above changes will enhance the ability of
Nasdaq members to transfer securities positions and their associated
fees in an efficient and transparent manner.

III. Discussion and Commission Findings

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange \17\ and, in particular, the requirements of Section 6 of the
Act.\18\ Specifically, the Commission finds that the proposed rule
change is consistent with Section 6(b)(5) of the Act,\19\ which
requires, among other things, that the rules of a national securities
exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Nasdaq's proposal to expand the use of step-outs, as described above
should enhance the efficiency and transparency to members of their
post-trade operations.
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    \17\ In approving this proposed rule change the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
    \18\ 15 U.S.C. 78f.
    \19\ 15 U.S.C. 78f(b)(5).
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    The Commission received two comment letters on the proposed rule
change.\20\ One commenter expressed support for Nasdaq's proposal and
stated it believes Nasdaq's proposal will bring added transparency.\21\
The other commenter questioned the impact this proposed rule change may
have on Exchange Act Rule 10b-10 \22\ disclosure requirements.\23\
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    \20\ See supra note 4.
    \21\ See NWQ Letter, supra note 4.
    \22\ 17 CFR 240.10b-10.
    \23\ See Pickard Letter, supra note 4. The Commission believes
that this comment raises an interpretive question regarding the
applicability of Exchange Act Rule 10b-10 and is outside of the
scope of NASDAQ's proposed rule change. Procedures applicable to
requests for no-action and interpretive letters from the Division of
Trading and Markets are available in Securities Act Release No. 6269
(December 5, 1980) (available at: http://www.sec.gov/rules/other/33-
6269.pdf).
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    Nasdaq's proposal to allow submission of non-tape, riskless
principal reports through ACT should facilitate the transfer of
information between parties to the transaction and make the trade
record information electronically available. It can facilitate the
ultimate transmission of the transfer records to the appropriate
clearing agency.\24\ The Commission notes that Nasdaq members can not
satisfy any trade reporting obligations by submitting non-tape,
clearing, or non-tape, non-clearing records to ACT. Furthermore, the
Commission expects Nasdaq to monitor the expanded use of the step-out
functionality to ensure that its members use these position movements
as specified in the rule, and not to effect trades.
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    \24\ The Commission notes that Nasdaq represents it will
continue to honor Attachment 2's and Uniform Trade Reporting
Agreements on file with it or the FINRA/Nasdaq TRF.
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    Nasdaq's proposal to allow the transfer of fees in conjunction with
the step-out is analogous to rules of other SROs which allow
transaction fees to be included in clearing reports.\25\ The Commission
understands that although Nasdaq no longer requires members to have
agreements in place for step-out transactions, the transaction
comparison process itself requires the acquiescence of both parties for
the ACT system to complete the transaction. A member retains the
opportunity to manually reject or reverse the step-out and fee transfer
arrangement if it disagrees with their terms when the terms are
presented to the member even after the

step-out and fee transfer had initially been affirmed.\26\
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    \25\ When a firm uses this function the fee will be
electronically billed and collected.
    \26\ Nasdaq represents that it determined through discussions
with its member firms that many firms preferred to handle step-outs
on a match/compare basis, i.e. manually, even when they had a fee
agreement between them and that it was an unnecessary burden for
firms to sign separate agreements to move fees associated with step-
out submissions to ACT since this functionality already was in place
on ACT.
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IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act and
in particular Section 6 of the Act and the rules and regulations
thereunder.
    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (File No. SR-NASDAQ-2008-033), as
modified by Amendments No. 1 and 2, be and hereby is, approved.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
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    \27\ 17 CFR 200.30-3(a)(12).
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J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E8-22379 Filed 9-23-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Rules and Regulations]
[Pages 59615-59620]
[FR Doc No: 2015-24877]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0470; FRL-9934-91-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Pennsylvania; Approval of the Base Year Emissions
Inventory for the Liberty-Clairton Nonattainment Area for the 2006 24-
Hour Fine Particulate Matter Standard and Approval of Transportation
Conformity Insignificance Findings for the 1997 Annual and 2006 24-Hour
Fine Particulate Matter Standards for the Liberty-Clairton
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve two revisions to the Commonwealth of
Pennsylvania (Pennsylvania) State Implementation Plan (SIP). The first
revision consists of the 2007 base year emissions inventory for the
Liberty-Clairton nonattainment area (hereafter ``the Liberty-Clairton
Area'' or ``the Area'') with respect the 2006 24-hour fine particulate
matter (PM2.5) National Ambient Air Quality Standard (NAAQS
or standard). The second revision consists of insignificance findings
for the mobile source contribution of PM2.5 and nitrogen
oxides (NOX) emissions for the Liberty-Clairton Area for
both the 1997 annual and 2006 24-hour PM2.5 standards. EPA
is approving the 2007 base year emissions inventory for the Liberty-
Clairton Area for the 2006 24-hour PM2.5 NAAQS. Furthermore,
EPA is finding the motor vehicle emission inventories adequate for
transportation conformity purposes and is approving the insignificance
findings for the mobile source contribution of PM2.5 and
NOX emissions for the Liberty-Clairton Area for both the
1997 annual and 2006 24-hour PM2.5 standards. EPA is
approving these revisions in accordance with the requirements of the
Clean Air Act (CAA).

DATES: This rule is effective on December 1, 2015 without further
notice, unless EPA receives adverse written comment by November 2,
2015. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2015-0470 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2015-0470, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2015-0470. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI, or otherwise protected, through www.regulations.gov or email.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105; and at the Allegheny County
Health Department, Bureau of Environmental Quality, Division of Air
Quality, 301 39th Street, Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On June 21, 2013, the Commonwealth
Pennsylvania submitted, on behalf of Allegheny County, a formal
revision to its SIP. The SIP revision consisted of the 2006 24-hour
PM2.5 NAAQS attainment plan for the Liberty-Clairton Area,
which included among other things, an attainment demonstration, a 2007
base year emissions inventory, a reasonably available control measures
(RACM) analysis, and a description of contingency measures. On July 31,
2014, the SIP revision was supplemented to include additional
information regarding control measures as part of the attainment
demonstration and insignificance findings for transportation conformity
purposes for both the 1997 and 2006 24-hour PM2.5 NAAQS.
    Today's action only pertains to the approval of the 2007 base year
emissions inventory to satisfy the requirement of section 172(c)(3) of
the CAA and the transportation conformity insignificance findings to
satisfy EPA's requirements at 40 CFR 93.118(e)(4) and 40 CFR 93.109(f).

I. Background

    On July 16, 1997, EPA established an annual PM2.5 NAAQS
at 15.0 micrograms per cubic meter ([mu]g/m\3\) (hereafter referred to
as ``the 1997 annual PM2.5 NAAQS''), based on a 3-year
average of annual mean PM2.5 concentrations (62 FR 38652,
July 18, 1997). At that time, EPA also established a 24-hour standard
of 65 [mu]g/m\3\ (hereafter referred to as ``the 1997

24-hour PM2.5 NAAQS''). See 40 CFR 50.7. The 1997
PM2.5 standards were based on significant evidence and
numerous health studies demonstrating that serious health effects are
associated with exposures to particulate matter.
    On January 5, 2005 (70 FR 944), EPA published its nonattainment
area designations for the 1997 annual PM2.5 NAAQS based upon
air quality monitoring data for calendar years 2001-2003. These
designations, effective on April 5, 2005, included the Liberty-Clairton
Area as a nonattainment area. The Liberty-Clairton Area for the 1997
annual PM2.5 NAAQS is comprised of the following portion of
Allegheny County: The boroughs of Lincoln, Glassport, Liberty, and Port
Vue and the City of Clairton. See 40 CFR 81.339 (Pennsylvania). The
Liberty-Clairton Area is surrounded by, but separate and distinct from,
the Pittsburgh-Beaver Valley PM2.5 nonattainment area.
    On September 21, 2006, EPA retained the 1997 annual
PM2.5 NAAQS at 15.0 [mu]g/m\3\ (hereby ``the 2006 annual
PM2.5 NAAQS'') based on a 3-year average of annual mean
PM2.5 concentrations, and promulgated a new 24-hour standard
of 35 [mu]g/m\3\ (hereafter ``the 2006 24-hour PM2.5
NAAQS'') based on a 3-year average of the 98th percentile of 24-hour
concentrations (71 FR 61144, October 17, 2006). The revised 2006 24-
hour PM2.5 standard became effective on December 18, 2006.
See 40 CFR 50.13. The more stringent 2006 24-hour PM2.5
NAAQS is based on significant evidence and numerous health studies
demonstrating that serious health effects are associated with short-
term exposures to PM2.5 at this level.
    Many petitioners challenged aspects of EPA's 2006 revisions to the
PM2.5 NAAQS. See American Farm Bureau Federation and
National Pork Producers Council, et al. v. EPA, 559 F.3d 512 (D.C. Cir.
2009). As a result of this challenge, the U.S. Court of Appeals for the
District of Columbia Circuit (DC Circuit) remanded the 2006 annual
PM2.5 NAAQS to EPA for further proceedings. The 2006 24-hour
PM2.5 NAAQS was not affected by the remand and remains in
effect.
    On November 13, 2009, EPA published designations for the 2006 24-
hour PM2.5 NAAQS (74 FR 58688). These designations,
effective on December 14, 2009, included the Liberty-Clairton Area as a
nonattainment area for the 2006 24-hour PM2.5 NAAQS,
retaining the same geographical boundaries as for the 1997 annual
PM2.5 NAAQS. See 40 CFR 81.339 (Pennsylvania).
    A nonattainment designation under the CAA triggers additional
planning requirements for states to show attainment of the NAAQS in the
nonattainment areas by a statutory attainment date, as specified in the
CAA. Since 2005, EPA had implemented the 1997 and 2006 PM2.5
NAAQS based on the general implementation provisions of subpart 1 of
Part D of Title I of the CAA (subpart 1). On January 4, 2013, in
Natural Resources Defense Council v. EPA (NRDC v. EPA), the DC Circuit
determined that EPA should be implementing its PM2.5
pollution standard under additional CAA requirements than those EPA had
been following in subpart 1 and remanded to EPA the ``Final Clean Air
Fine Particle Implementation Rule'' (1997 PM2.5
Implementation Rule) (72 FR 20586, April 25, 2007) and the
``Implementation of the New Source Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers (PM2.5)'' final rule (2008
NSR PM2.5 Rule).\1\ 706 F.3d 428 (D.C. Cir. 2013). The DC
Circuit found that the EPA erred in implementing the 1997 annual
PM2.5 NAAQS solely pursuant to subpart 1, without
consideration of the particulate matter specific provisions of subpart
4 of Part D of Title I of the CAA (subpart 4).
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    \1\ EPA's 2008 NSR PM2.5 Rule relates to requirements
for the NSR permitting program required by parts C and D of title I
of the CAA. The details and provisions of the 2008 NSR
PM2.5 Rule are not relevant to this rulemaking.
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    While the regulatory provisions of EPA's 1997 PM2.5
Implementation Rule do not explicitly apply to the 2006 24-hour
PM2.5 NAAQS, EPA's underlying statutory interpretation has
been the same for both standards. On March 2, 2012, EPA provided
implementation guidance for the 2006 24-hour PM2.5 NAAQS
which reaffirmed and continued the framework and policy approaches of
the 1997 PM2.5 Implementation Rule. On June 6, 2013, EPA
withdrew the implementation guidance for the 2006 24-hour
PM2.5 NAAQS, subsequent to the DC Circuit's decision in NRDC
v. EPA.\2\
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    \2\ EPA's June 6, 2013 withdrawal memorandum is available at
http://www.epa.gov/ttn/naaqs/pm/pdfs/implementationguidancewithdrawmemo.pdf.
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    Although the DC Circuit declined to establish a deadline for EPA's
response, EPA intends to respond promptly to the Court's remand and to
promulgate new generally applicable implementation regulations for the
PM2.5 NAAQS in accordance with the requirements of subparts
1 and 4. In the interim, however, states and EPA still need to proceed
with implementation of the PM2.5 NAAQS in a timely and
effective fashion in order to meet statutory obligations under the CAA
and to assure the protection of public health intended by those NAAQS.
    The statutory provisions in subpart 4 require EPA, among other
things, to classify nonattainment areas for the PM2.5 NAAQS
based on the severity of their pollution problem. Under EPA's prior
approach to implementing the 1997 annual and 2006 24-hour
PM2.5 standards according to subpart 1, EPA was not required
to, and thus did not, identify any classifications for areas designated
nonattainment. In contrast, subpart 4 of the CAA, at section 188,
provides that all areas designated nonattainment are initially
classified ``by operation of law'' as ``Moderate'' nonattainment areas,
and they remain classified as Moderate nonattainment areas unless and
until EPA later reclassifies them as Serious nonattainment areas or EPA
determines that an area has not attained the PM2.5 NAAQS by
the area's applicable attainment date.
    On April 25, 2014, EPA finalized a rule identifying the
classification of all PM2.5 areas currently designated
nonattainment for the 1997 annual and 2006 24-hour PM2.5
NAAQS as ``Moderate,'' consistent with subpart 4 of the CAA. See 79 FR
31566 (June 2, 2014). Consequently, the Liberty-Clairton Area was
classified as Moderate for the 1997 annual and 2006 24-hour
PM2.5 NAAQS.
    On July 10, 2015 (80 FR 39696), EPA determined that the Liberty-
Clairton Area had attained the 2006 24-hour PM2.5 NAAQS,
based on quality-assured and certified ambient air quality data for the
2012-2014 monitoring period. This ``clean data determination''
suspended Pennsylvania's obligations to submit for the Liberty-Clairton
Area an attainment demonstration, reasonably available control measures
(RACM), reasonable further progress (RFP), and contingency measures for
the 2006 24-hour PM2.5 NAAQS pursuant to subparts 1 and 4 of
the CAA, for so long as the Area continues to attain the standard.
    EPA incorporated its Clean Data Policy interpretation in both its
8-Hour Ozone Implementation Rule in 40 CFR 51.918 and in its 1997
PM2.5 Implementation Rule in 40 CFR 51.1004(c). See 72 FR
20585, 20665 (April 25, 2007). While the DC Circuit in its January 4,
2013 decision remanded the 1997 PM2.5 Implementation Rule,
the Court did not address the merits of that regulation regarding our
Clean Data Policy in 40 CFR 51.1004(c), nor cast any doubt on EPA's
existing interpretation of the

statutory provisions for the Clean Data Policy.\3\
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    \3\ EPA addressed the effects of a final determination of
attainment under the Clean Data Policy for the Liberty-Clairton Area
as a 2006 24-hour PM2.5 moderate nonattainment area under
subpart 4 in the notice of proposed rulemaking for the Area's
determination of attainment. See 80 FR 22666 (April 23, 2015).
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    After EPA's final clean data determination for the Liberty-Clairton
Area for the 2006 24-hour PM2.5 NAAQS, effective on August
10, 2015, the only pending statutory requirement for the Area relates
to emissions inventories pursuant to section 172(c)(3) of subpart 1 of
the CAA. Specifically, section 172(c)(3) of the CAA requires states to
submit a comprehensive, accurate, and current inventory of actual
emissions for each nonattainment area. EPA's requirements for an
emissions inventory for the PM2.5 NAAQS are set forth in 40
CFR 51.1008.

II. Summary of SIP Revision

    As discussed earlier, the Liberty-Clairton's base year emissions
inventory was submitted by Pennsylvania Department of the Environmental
Protection (PADEP), on behalf of Allegheny County Health Department
(ACHD), as part of the June 21, 2013 SIP revision to demonstrate
attainment of the 2006 24-hour PM2.5 NAAQS for the Liberty-
Clairton Area. The June 21, 2013 SIP revision was amended on July 31,
2015 to include, among other things, the transportation conformity
insignificance findings for both the 1997 annual and 2006 24-hour
PM2.5 NAAQS. In this rulemaking action, EPA is only acting
on the portions of the submittals corresponding to the 2007 base year
emissions inventory and the transportation conformity insignificance
findings. A brief summary of the SIP revisions is provided in this
section.

A. Base Year Emissions Inventory

    The 2007 base year emissions inventory for the Liberty-Clairton
Area intends to satisfy the requirements of section 172(c)(4) of the
CAA for the 2006 24-hour PM2.5 NAAQS. The 2007 base year
emissions inventory includes emissions estimates that cover the general
source categories of point sources, area sources, non-road mobile
sources, and on-road mobile sources. The pollutants that comprise the
inventory are NOX, volatile organic compounds (VOC),
PM2.5, coarse particles (PM10), ammonia, and
sulfur dioxide (SO2). ACHD selected 2007 as the base year
for the emissions inventory, in accordance with 40 CFR 51.1008(b).
    The 2007 emissions inventory submitted is the most current accurate
and comprehensive actual emissions inventory of direct
PM2.5, PM10, NOX, SO2, VOC,
and ammonia for the Liberty-Clairton Area with respect the 2006 24-hour
PM2.5 NAAQS. The actual emissions were estimated based on
pollutant emission factors and throughputs or capacities of each
emission source. A summary of the Liberty-Clairton's 2007 base year
emissions inventory is provided in Table 1.

                       Table 1--2007 Base Year Emissions Inventory for the Liberty-Clairton Area for the 2006 24-hour PM2.5 NAAQS
                                                                       [Tons/Year]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               PM2.5           PM10             SO2             NOX             VOC           Ammonia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point Sources...........................................           946.6          1136.9          1741.3          4841.9           590.5            18.4
Area Sources............................................            26.3            50.5            50.1            38.8           255.9             4.2
Nonroad Sources.........................................            15.0            15.9            17.2           437.9            86.6             0.2
Mobile Sources..........................................             9.9            10.4             2.1           274.3           172.5             4.7
                                                         -----------------------------------------------------------------------------------------------
    Totals..............................................           997.8          1213.8          1810.9          5592.9          1105.6            27.5
--------------------------------------------------------------------------------------------------------------------------------------------------------

    EPA has reviewed the procedures and methodologies used by ACHD for
the 2007 base year emissions inventory submitted as part of the June
21, 2013 SIP revision and finds the inventory approvable. Further
analysis of the emissions inventory development can be found in
technical support document (TSD) dated August 12, 2015 included as part
of the docket for this rulemaking action.

B. Transportation Conformity Insignificance Determinations

    Transportation conformity is required under section 176(c) of the
CAA to ensure that federally supported highway, transit projects, and
other activities are consistent with (conform to) the purpose of the
SIP. The CAA requires federal actions in nonattainment and maintenance
areas to ``conform to'' the goals of SIP. This means that such actions
will not cause or contribute to violations of a NAAQS; worsen the
severity of an existing violation; or delay timely attainment of any
NAAQS or any interim milestone. Actions involving Federal Highway
Administration (FHWA) or Federal Transit Administration (FTA) funding
or approval are subject to the Transportation Conformity Rule (40 CFR
part 93, subpart A). Under this rule, metropolitan planning
organizations (MPOs) in nonattainment and maintenance areas coordinate
with state air quality and transportation agencies, EPA, FHWA, and FTA
to demonstrate that their metropolitan transportation plans and
transportation improvement plans (TIPs) conform to applicable SIPs.
This is typically determined by showing that estimated emissions from
existing and planned highway and transit systems are less than or equal
to the motor vehicle emissions budgets (MVEBs) contained in a SIP.
    For MVEBs to be approvable, they must meet, at a minimum, EPA's
adequacy criteria found at 40 CFR 93.118(e)(4). However, the
Transportation Conformity Rule at 40 CFR 93.109(f) allows areas to
forgo establishment of a budget(s) where it is demonstrated that
regional motor vehicle emissions for a particular pollutant or
precursor pollutant are an insignificant contributor to the air quality
problem in the area. The general criteria for insignificance
determinations per 40 CFR 93.109(f) are based on a number of factors,
including: (1) The percentage of motor vehicle emissions in context of
the total SIP inventory; (2) the current state of air quality as
determined by monitoring data for that NAAQS; (3) the absence of SIP
motor vehicle control measures; and (4) historical trends and future
projections of the growth of motor vehicle emissions in the area.
    The Liberty-Clairton's attainment demonstration for the 2006 24-
hour PM2.5 NAAQS submitted by the

Commonwealth of Pennsylvania, on behalf of Allegheny County, includes a
request for EPA to make insignificance findings for NOX and
directly emitted PM2.5 for the Area for both the 1997 annual
and 2006 24-hour PM2.5 NAAQS. Pursuant to Section
93.118(e)(4) and 93.109(f) of the Transportation Conformity Rule, EPA
has reviewed the Commonwealth of Pennsylvania's justification for the
findings of insignificance for direct PM2.5 and also for
NOX as a precursor of PM2.5 in the Liberty-
Clairton Area for both the 1997 annual and 2006 24-hour
PM2.5 NAAQS. EPA agrees with Pennsylvania's conclusion that
on-road emissions of PM2.5 and NOX in the
Liberty-Clairton Area are insignificant for transportation conformity
purposes for both NAAQS.
    EPA bases these findings on several factors: (1) The fact that the
motor vehicle emissions constitute a low percentage of the total SIP
inventory. In particular, for the 2007 base year, the direct PM onroad
mobile source constitutes 0.99 percent (%) of the Liberty-Clairton
Area's total PM2.5 emissions and decreases in the later
analysis year to 0.88% (2014). For the 2007 base year, the
NOX onroad mobile source constitutes 4.9% of the Area's
total NOX emissions and decreases in the later analysis year
to 3.07% (2014); (2) The fact that the Liberty-Clairton Area has been
determined to attain the 1997 annual PM2.5 standard (October
25, 2013, 78 FR 63881) and the 2006 24-hour PM2.5 standard
(July 10, 2015, 80 FR 39696), and continues to attain the standards
with the most recent three years of complete, quality-assured
monitoring data; (3) The absence of local on-road control measures; and
(4) The continued downward trend, historically and in modeled future
projections, of on-road NOX and PM2.5 emissions.
    With regard to on-road emissions of SO2, VOC, and
ammonia, Allegheny County did not provide an insignificance
demonstration because it concluded, consistent with EPA's presumptions
regarding these PM2.5 precursors, that the emissions of
these precursors from motor vehicles are not significant contributors
to the Liberty-Clairton Area's PM2.5 air quality problem.
Therefore, EPA finds adequate, and is also approving as SIP revision,
Pennsylvania's insignificance determinations for the Liberty-Clairton
Area with respect both the 1997 annual and 2006 24-hour
PM2.5 standards. Additional information pertaining to the
review of the motor vehicle emission inventories can be found in the
TSD dated August 27, 2015, as part of the docket for this final
rulemaking action.
    In this direct final rulemaking action, EPA is initiating the
process for determining whether or not the motor vehicle emission
inventories are adequate for transportation conformity purposes. The
publication of this document starts a 30-day public comment period on
the adequacy of the submitted motor vehicle emission inventories. This
comment period is concurrent with the comment period on this direct
final rulemaking action. Any comments on the motor vehicle emission
inventories should be submitted to the docket for this rulemaking. The
public can find the posting of these motor vehicle emissions
inventories on EPA's adequacy Web page (http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm). The adequacy of the motor
vehicle emission inventories as well as the approval of the findings of
insignificance will become effective upon the effective date of this
direct final rulemaking action. Upon the effective date of this direct
final rulemaking action, the Liberty-Clairton Area is no longer
required to perform a regional emissions analysis for directly emitted
PM2.5, or NOX, as part of future PM2.5
conformity determinations for the 1997 annual and 2006 24-hour
PM2.5 NAAQS.

III. Final Action

    EPA is approving as a revision to the Pennsylvania SIP the Liberty-
Clairton Area's 2007 base year emissions inventory for the 2006 24-hour
PM2.5 NAAQS submitted as part of the June 21, 2013 SIP
revision. EPA finds that the 2007 base year emissions inventory
satisfies the requirements of 40 CFR 51.1008 and section 172(c)(3) of
the CAA for the 2006 24-hour PM2.5 NAAQS for the Liberty-
Clairton Area. EPA finds adequate and is also approving as a revision
to the SIP Pennsylvania's determinations for both the 1997 annual and
2006 24-hour PM2.5 standards that onroad emissions of
PM2.5 and NOX are insignificant contributors to
PM2.5 concentrations in the Liberty-Clairton Area for
transportation conformity purposes, as submitted as part of the July
31, 2014 supplemental SIP revision. Upon the effective date of this
direct final rulemaking action, the Liberty-Clairton Area is no longer
required to perform a regional emissions analysis for directly emitted
PM2.5, or NOX, as part of future PM2.5
conformity determinations for the 1997 annual and 2006 24-hour
PM2.5 NAAQS.
    EPA is publishing this rule without prior proposal because EPA
views this as a noncontroversial amendment and anticipates no adverse
comment. However, in the ``Proposed Rules'' section of today's Federal
Register, EPA is publishing a separate document that will serve as the
proposal to approve the SIP revision if adverse comments are filed.
This rule will be effective on December 1, 2015 without further notice
unless EPA receives adverse comment by November 2, 2015. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, 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 CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    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 December 1, 2015. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action. This action, approving the 2007 base year emissions
inventory for the Liberty-Clairton Area with respect the 2006 24-hour
PM2.5 NAAQS and the transportation conformity insignificance
findings for the Liberty-Clairton Area with respect the 1997 annual and
2006 24-hour PM2.5 NAAQS, may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Sulfur oxides, Volatile organic compounds.

    Dated: September 16, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.

    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 NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding
an entry for the 2007 Base Year Emissions Inventory for the 2006
PM2.5 NAAQS for the Liberty-Clairton PM2.5
Nonattainment Area at the end of the table to reads as follows:

Sec.  52.2020  Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
Name of  non-regulatory  SIP                                       State        EPA approval       Additional
          revision              Applicable geographic area    submittal date        date          explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2007 Base Year Emissions      Liberty-Clairton PM2.5                 6/21/13  10/2/15 [Insert  .................
 Inventory for the 2006        Nonattainment Area.                             Federal
 PM2.5 NAAQS.                                                                  Register
                                                                               citation].
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.2036 is amended by adding paragraph (y) to read as
follows:

Sec.  52.2036  Base year emissions inventory.

* * * * *
    (y) EPA approves as a revision to the Pennsylvania State
Implementation Plan the 2007 base year emissions inventory for the
Liberty-Clairton 2006 24-hour PM2.5 nonattainment area
submitted by the Pennsylvania Department of Environmental Protection,
on behalf of Allegheny County Health Department, on June 21, 2013. The
emissions inventory includes emissions estimates that cover the general
source categories of point, area, nonroad, and onroad sources. The
pollutants that comprise the inventory are PM2.5,
NOX, VOCs, NH3, and SO2.

[FR Doc. 2015-24877 Filed 10-1-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: March 4, 2010 (Volume 75, Number 42)]
[Notices]
[Page 9917-9918]
[DOCID:fr04mr10-95]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2009-0001]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request, OMB No. 1660-NEW; FEMA Preparedness Grants:
Emergency Operations Center (EOC) Grant Program

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice; 30-day notice and request for comments; new information
collection; OMB No. 1660-NEW; FEMA Form 089-3, EOC Grant Program
Investment Justification and Scoring Criteria; FEMA Form 089-18,
Prioritization of Competitive Investment Justifications Template.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) has submitted
the information collection abstracted below to the Office of Management
and Budget for review and clearance in accordance with the requirements
of the Paperwork Reduction Act of 1995. The submission describes the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort and resources used by
respondents to respond) and cost, and the actual data collection
instruments FEMA will use.

DATES: Comments must be submitted on or before April 5, 2010.

ADDRESSES: Submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director, Office
of Records Management, 1800 South Bell Street, Arlington, VA 20598-
3005, facsimile number<PHONE_NUMBER>, or e-mail address FEMA-
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Collection of Information

    Title: FEMA Preparedness Grants: Emergency Operations Center (EOC)
Grant Program.
    Type of information collection: New information collection.
    OMB Number: 1660-NEW.
    Form Titles and Numbers: FEMA Form 089-3, EOC Grant Program
Investment Justification and Scoring Criteria; FEMA Form 089-18,
Prioritization of Competitive Investment Justifications Template.
    Abstract: The Emergency Operations Center (EOC) Grant Program is
intended to improve emergency management and preparedness capabilities
by supporting flexible, sustainable, secure, and interoperable EOCs
with a focus on addressing identified deficiencies and needs. Fully
capable emergency operations facilities at the State, territory, local
and/or tribal levels are an essential element of a comprehensive
national emergency management system and are necessary to ensure
continuity of operations and continuity of government in major
disasters caused by any hazard. The information collection activity is
the collection of financial and programmatic information from State,
territory, local, tribal, and/or for-profit partners pertaining to
grant and cooperative agreement awards that include application,
program narrative statements, grant award, performance information,
outlay reports, grant funding and property management, and closeout
information. The information enables FEMA and any federal partners to
evaluate applications and make award decisions, monitor ongoing
performance and manage the flow of federal funds, and to appropriately
close out grants or cooperative agreements.
    Affected Public: State, Local or Tribal Government.
    Estimated Number of Respondents: 756.
    Frequency of Response: On occasion.
    Estimated Average Hour Burden per Respondent: 13.5 hours.
    Estimated Total Annual Burden Hours: 5,908 hours.
    Estimated Cost: There is no annual reporting or recordkeeping costs
associated with this collection.

Larry Gray,
Director, Office of Records Management, Office of Management, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2010-4447 Filed 3-3-10; 8:45 am]
BILLING CODE 9111-78-P