captured in current default utilization and by-product formation rates
and destruction or removal efficiency values should be included in
revised values.
    (iii) Whether new data are available that could expand the existing
data set to include new gases, tools, or processes not included in the
existing data set (i.e. gases, tools, or processes for which no data
are currently available).
    (6) The Administrator will review the reports within 120 days and
will notify you of its determination whether it is

necessary to update any default utilization and by-product formation
rates and/or destruction or removal efficiency values. If the
Administrator determines it is necessary to update default utilization
and by-product formation rates and/or destruction or removal efficiency
values, you will then have 180 days from the date you receive notice of
the determination to execute the data collection and analysis plan
described in the report and submit those data to the Administrator.
    9. Section 98.97 is amended by:
    a. Removing and reserving paragraph (b).
    b. Revising paragraph (c).
    c. Revising paragraph (d) introductory text and paragraph (d)(1).
    d. Adding paragraphs (d)(1)(i) through (d)(1)(iii).
    e. Removing and reserving paragraph (d)(3).
    f. Revising paragraph (d)(4).
    g. Adding paragraphs (d)(5) through (d)(9).
    h. Adding paragraphs (i) through (s).
    The revisions read as follows:

Sec.  98.97  Records that must be retained.

* * * * *
    (c) Documentation for the fab-specific engineering model used to
apportion fluorinated GHG and N2O consumption. This
documentation must be part of your site GHG Monitoring Plan as required
under Sec.  98.3(g)(5). At a minimum, you must retain the following:
    (1) A clear, detailed description of the fab-specific model,
including how it was developed; the quantifiable metric used in the
model; all sources of information, equations, and formulas, each with
clear definitions of terms and variables; all apportioning factors used
to apportion fluorinated GHG and N2O; and a clear record of
any changes made to the model while it was used to apportion
fluorinated GHG and N2O consumption across process sub-
types, process types, tools with and without abatement systems, stack
systems, and/or fabs.
    (2) Sample calculations used for developing the gas apportioning
factors (fij) for the two fluorinated GHGs used at your
facility in the largest quantities, on a mass basis, during the
reporting year.
    (3) If you develop apportioning factors through the use of direct
measurement according to Sec.  98.94(c)(3), calculations and data used
to develop each gas apportioning factor.
    (4) Calculations and data used to determine and document that the
fab was operating at representative operating levels, as defined in
Sec.  98.98, during the apportioning model verification specified in
Sec.  98.94(c).
    (d) For all abatement systems through which fluorinated GHGs or
N2O flow at your facility, and for which you are reporting
controlled emissions, the following in paragraphs (d)(1) to (9) of this
section:
    (1) Records of the information in paragraphs (d)(1)(i) though (iii)
of this section:
    (i) Documentation to certify that each abatement system is
installed, maintained, and operated in accordance with manufacturers'
specifications.
    (ii) Documentation from the abatement system supplier describing
the abatement system's designed purpose and emission control
capabilities for fluorinated GHG and N2O.
    (iii) Certification that the abatement systems for which emissions
are being reported were specifically designed for fluorinated GHG and
N2O abatement.
* * * * *
    (4) Where properly measured site-specific destruction or removal
efficiencies are used to report emissions, the information in
paragraphs (d)(4)(i) though (vi) of this section:
    (i) Dated certification by the technician who made the measurement
that the destruction or removal efficiency is calculated in accordance
with methods in EPA 430-R-10-003 (incorporated by reference, see Sec.
98.7) and, if applicable Appendix A of this subpart, or an alternative
method approved by the Administrator as specified in Sec.  98.94(k),
complete documentation of the results of any initial and subsequent
tests, the final report as specified in EPA 430-R-10-003 (incorporated
by reference, see Sec.  98.7) and, if applicable, the records and
documentation specified in Appendix A of this subpart including the
information required in paragraph (b)(7) of Appendix A of this subpart,
or a final report as specified in an alternative method approved by the
Administrator as specified in Sec.  98.94(k).
    (ii) The average destruction or removal efficiency of the abatement
systems operating during the reporting year for each process type and
gas combination.
    (iii) A description of the calculation used to determine the
average destruction or removal efficiency for each process type and gas
combination, including all inputs to the calculation.
    (iv) The records of destruction or removal efficiency measurements
for abatement systems for all tests that have been used to determine
the site-specific destruction or removal efficiencies currently being
used.
    (v) A description of the method used for randomly selecting
abatement systems for testing.
    (vi) The total number of systems for which destruction or removal
efficiency was properly measured for each process type and gas
combination for the reporting year.
    (5) In addition to the inventory in Sec.  98.96(p), the information
in paragraphs (d)(5)(i) though (iii) of this section:
    (i) The number of abatement systems of each manufacturer, and model
numbers, and the manufacturer's claimed fluorinated GHG and
N2O destruction or removal efficiency, if any.
    (ii) Records of destruction or removal efficiency measurements over
the in-use life of each abatement system.
    (iii) A description of the tool, with the process type or sub-type,
for which the abatement system treats exhaust.
    (6) Records of all inputs and results of calculations made
accounting for the uptime of abatement systems used during the
reporting year, in accordance with Equations I-15a, I-15b, or I-23 of
this subpart, as applicable. The inputs should include an indication of
whether each value for destruction or removal efficiency is a default
value or a measured site-specific value.
    (7) Records of all inputs and results of calculations made to
determine the average weighted fraction of each gas destroyed or
removed in the abatement systems for each stack system using Equation
I-24 of this subpart, if applicable. The inputs should include an
indication of whether each value for destruction or removal efficiency
is a default value or a measured site-specific value.
    (8) Records of all inputs and the results of the calculation of the
facility-wide emission destruction or removal efficiency factor
calculated according to Equation I-26 of this subpart.
    (9) A maintenance plan for abatement systems, which includes a
defined preventative maintenance process and checklist (built on the
manufacturer's recommended maintenance program) and a corrective action
process that you must follow whenever an abatement system is found to
be not operating properly. The maintenance plan must be maintained on-
site at the facility as part of the facility's GHG Monitoring Plan as
described in Sec.  98.3(g)(5).
* * * * *
    (i) Retain the following records for each stack system for which
you elect to calculate fab-level emissions of fluorinated GHG using the
procedures specified in Sec.  98.93(i)(3) or (4).
    (1) Document all stack systems with emissions of fluorinated GHG
that are

less than 10,000 metric tons of CO2e per year and all stack
systems with emissions of 10,000 metric tons CO2e per year
or more. Include the data and calculation used to develop the
preliminary estimate of emissions for each stack system.
    (2) For each stack system, identify the method used to calculate
annual emissions; either Sec.  98.93(i)(3) or (4).
    (3) The emissions test data and reports (see Sec.  98.94(j)(4)) and
the calculations used to determine the fab-specific emission factor,
including the actual fab-specific emission factor, the average hourly
emission rate of each fluorinated GHG from the stack system during the
test and the stack system activity rate during the test.
    (4) The fab-specific emission factor and the calculations and data
used to determine the fab-specific emission factor for each fluorinated
GHG and by-product, as calculated using Equations I-19 and I-20 of
Sec.  98.93(i)(3).
    (5) Calculations and data used to determine annual emissions of
each fluorinated GHG for each fab.
    (6) Calculations and data used to determine and document that the
fab was operating at representative operating levels, as defined in
Sec.  98.98, during the stack testing period.
    (7) A copy of the certification that no changes in stack system
flow configuration occurred between tests conducted for any particular
fab in a reporting year as required by Sec.  98.94(j)(1)(iv) and any
calculations and data supporting the certification.
    (j) If you report the approximate percentage of total GHG emissions
from research and development activities under Sec.  98.96(x),
documentation for the determination of the percentage of total
emissions of each fluorinated GHG and/or N2O attributable to
research and development, as defined in Sec.  98.6, activities.
    (k) Annual gas consumption for each fluorinated GHG and
N2O as calculated in Equation I-11 of this subpart,
including where your fab used less than 50 kg of a particular
fluorinated GHG or N2O used at your facility for which you
have not calculated emissions using Equations I-6, I-7, I-8, I-9, I-10,
I-21, or I-22 of this subpart, the chemical name of the GHG used, the
annual consumption of the gas, and a brief description of its use.
    (l) All inputs used to calculate gas consumption in Equation I-11
of this subpart, for each fluorinated GHG and N2O used.
    (m) Annual amount of each fluorinated GHG consumed for process sub-
type, process type, stack system, or fab, as appropriate, and the
annual amount of N2O consumed for the chemical vapor
deposition processes and from the aggregate of other electronics
manufacturing production processes, as calculated using Equation I-13
of this subpart.
    (n) Disbursements for each fluorinated GHG and N2O
during the reporting year, as calculated using Equation I-12 of this
subpart and all inputs used to calculate disbursements for each
fluorinated GHG and N2O used in Equation I-12 of this
subpart, including all fab-wide gas-specific heel factors used for each
fluorinated GHG and N2O. If your fab used less than 50 kg of
a particular fluorinated GHG during the reporting year, fab-wide gas-
specific heel factors do not need to be reported for those gases.
    (o) Fraction of each fluorinated GHG or N2O fed into a
process sub-type, process type, stack system, or fab that is fed into
tools connected to abatement systems.
    (p) Fraction of each fluorinated GHG or N2O destroyed or
removed in abatement systems connected to process tools where process
sub-type, process type j is used, or to process tools vented to stack
system j or fab f.
    (q) All inputs and results of calculations made accounting for the
uptime of abatement systems used during the reporting year, or during
an emissions sampling period, in accordance with Equations I-15a, I-15b
and/or I-23 of this subpart, as applicable.
    (r) For fluorinated heat transfer fluid emissions, inputs to the
fluorinated heat transfer fluid mass balance equation, Equation I-16 of
this subpart, for each fluorinated heat transfer fluid used.
    (s) Where missing data procedures were used to estimate inputs into
the fluorinated heat transfer fluid mass balance equation under Sec.
98.95(b), the estimates of those data.
    10. Section 98.98 is amended by:
    a. Removing the definitions of ``Class,'' ``Individual recipe,''
and ``Similar, with respect to recipes.''
    b. Adding a definition for ``Fab,'' ``Fully Fluorinated GHGs,''
``Input gas,'' ``Intermittent low-use fluorinated GHG,''
``Representative operating levels,'' and ``Stack system.''
    c. Revising the definitions of ``By-product formation,'' ``Gas
utilization,'' ``Operational mode,'' ``Process types,'' ``Properly
measured destruction or removal efficiency,'' ``Trigger point for
change out,'' ``Uptime,'' and ``Wafer passes.''
    d. Revising the definition of ``Maximum designed substrate starts''
to ``Maximum substrate starts.''
    The revisions read as follows:

Sec.  98.98  Definitions.

* * * * *
    By-product formation means the creation of fluorinated GHGs during
electronics manufacturing production processes or the creation of
fluorinated GHGs by an abatement system. Where the procedures in Sec.
98.93(a) are used to calculate annual emissions, by-product formation
is the ratio of the mass of the by-product formed to the mass flow of
the input gas. Where the procedures in Sec.  98.93(i) are used to
calculate annual emissions, by-product formation is the ratio of the
mass of the by-product formed to the total mass flow of all input
fluorinated GHGs.
* * * * *
    Fab means the portion of an electronics manufacturing facility
located in a separate physical structure that began manufacturing on a
certain date.
* * * * *
    Fully Fluorinated GHGs means fluorinated GHGs that contain only
single bonds and in which all available valence locations are filled by
fluorine atoms. This includes, but is not limited to, saturated
perfluorocarbons, SF6, NF3,
SF5CF3, C4F8O, fully
fluorinated linear, branched, and cyclic alkanes, fully fluorinated
ethers, fully fluorinated tertiary amines, fully fluorinated
aminoethers, and perfluoropolyethers.
    Gas utilization means the fraction of input N2O or
fluorinated GHG converted to other substances during the etching,
deposition, and/or wafer and chamber cleaning processes. Gas
utilization is expressed as a rate or factor for specific electronics
manufacturing process sub-types or process types.
* * * * *
    Input gas means a fluorinated GHG or N2O used in one of
the processes described in Sec.  98.90(a)(1) through (4).
    Intermittent low-use fluorinated GHG, for the purposes of
determining fluorinated GHG emissions using the stack testing option,
means a fluorinated GHG that meets all of the following:
    (1) The fluorinated GHG is used by the fab but is not used during
the period of stack testing for the fab/stack system.
    (2) The emissions of the fluorinated GHG, estimated using the
methods in Sec.  98.93(i)(4) do not constitute more than 5 percent of
the total fluorinated GHG emissions from the fab on a CO2e
basis.
    (3) The sum of the emissions of all fluorinated GHGs that are
considered intermittent low-use gases does not exceed 10,000 metric
tons CO2e for the fab for that year, as calculated using the
procedures specified in Sec.  98.93(i)(1) of this subpart.

    Maximum substrate starts means for the purposes of Equation I-5 of
this subpart, the maximum quantity of substrates, expressed as surface
area, that could be started each month during a reporting year based on
the equipment installed in that facility and assuming that the
installed equipment were fully utilized. Manufacturing equipment is
considered installed when it is on the manufacturing floor and
connected to required utilities.
* * * * *
    Operational mode means the time in which an abatement system is
properly installed, maintained, and operated according to
manufacturers' specifications as required in Sec.  98.93(f)(1). This
includes being properly operated within the range of parameters as
specified in the operations manual provided by the system manufacturer.
* * * * *
    Process types are broad groups of manufacturing steps used at a
facility associated with substrate (e.g., wafer) processing during
device manufacture for which fluorinated GHG emissions and fluorinated
GHG consumption is calculated and reported. The process types are
Plasma etching/Wafer Cleaning and Chamber cleaning.
    Properly measured destruction or removal efficiency means
destruction or removal efficiencies measured in accordance with EPA
430-R-10-003 (incorporated by reference, see Sec.  98.7), and, if
applicable, Appendix A to this subpart, or by an alternative method
approved by the Administrator as specified in Sec.  98.94(k).
* * * * *
    Representative operating levels means (for purposes of verification
of the apportionment model or for determining the appropriate
conditions for stack testing) operating the fab, in terms of substrate
starts for the period of testing or monitoring, at no less than 50
percent of installed production capacity or no less than 70 percent of
the average production rate for the reporting year, where production
rate for the reporting year is represented in average monthly substrate
starts. For the purposes of stack testing, the period for determining
the representative operating level must be the period ending on the
same date on which testing is concluded.
    Stack system means one or more stacks that are connected by a
common header or manifold, through which a fluorinated GHG-containing
gas stream originating from one or more fab processes is, or has the
potential to be, released to the atmosphere. For purposes of this
subpart, stack systems do not include emergency vents or bypass stacks
through which emissions are not usually vented under typical operating
conditions.
    Trigger point for change out means the residual weight or pressure
of a gas container type that a facility uses as an indicator that
operators need to change out that gas container with a full container.
The trigger point is not the actual residual weight or pressure of the
gas remaining in the cylinder that has been replaced.
    Uptime means the ratio of the total time during which the abatement
system is in an operational mode, to the total time during which
production process tool(s) connected to that abatement system are
normally in operation.
* * * * *
    Wafer passes is a count of the number of times a wafer substrate is
processed in a specific process sub-type, or type. The total number of
wafer passes over a reporting year is the number of wafer passes per
tool multiplied by the number of operational process tools in use
during the reporting year.
* * * * *
    11. Table I-1 to subpart I is amended by revising the footnote to
read as follows:

Table I-1 to Subpart I of Part 98--Default Emission Factors for
Threshold Applicability Determination

* * * * *

    Notes: NA denotes not applicable based on currently available
information.

    12. Table I-3 to subpart I is revised to read as follows:

      Table I-3 to Subpart I of Part 98--Default Emission Factors (1-Uij) for Gas Utilization Rates (Uij) and By-Product Formation Rates (Bijk) for
                                              Semiconductor Manufacturing for 150 mm and 200 mm Wafer Sizes
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Process gas i
       Process type/ sub-type       --------------------------------------------------------------------------------------------------------------------
                                       CF4      C2F6     CHF3    CH2F2    C2HF5     CH3F     C3F8     C4F8     NF3      SF6      C4F6     C5F8    C4F8O
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 ETCHING/WAFER CLEANING
--------------------------------------------------------------------------------------------------------------------------------------------------------
1-Ui...............................     0.81     0.76     0.50     0.13    0.064     0.66       NA     0.14     0.20     0.55     0.17       NA       NA
BCF4...............................       NA     0.10    0.085    0.081    0.077       NA       NA     0.12   0.0040     0.15     0.13       NA       NA
BC2F6..............................    0.048       NA    0.031    0.025    0.024       NA       NA    0.037       NA     0.17     0.11       NA       NA
BC4F6..............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA
BC4F8..............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA
BC3F8..............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA
BCHF3..............................     0.11       NA       NA    0.066       NA       NA       NA       NA       NA       NA    0.066       NA       NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    CHAMBER CLEANING
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                In situ plasma cleaning
--------------------------------------------------------------------------------------------------------------------------------------------------------
1-Ui...............................     0.92     0.55       NA       NA       NA       NA     0.40     0.10     0.18       NA       NA       NA     0.14
BCF4...............................       NA     0.21       NA       NA       NA       NA     0.20     0.11    0.050       NA       NA       NA     0.13
BC2F6..............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA    0.045
BC3F8..............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Remote plasma cleaning
--------------------------------------------------------------------------------------------------------------------------------------------------------
1-Ui...............................       NA       NA       NA       NA       NA       NA       NA       NA    0.018       NA       NA       NA       NA
BCF4...............................       NA       NA       NA       NA       NA       NA       NA       NA    0.015       NA       NA       NA       NA
BC2F6..............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA
BC3F8..............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                In situ thermal cleaning
--------------------------------------------------------------------------------------------------------------------------------------------------------
1-Ui...............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA
BCF4...............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA
BC2F6..............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA
BC3F8..............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA      NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: NA denotes not applicable based on currently available information.

    13. Table I-4 to subpart I is revised to read as follows:

      Table I-4 to Subpart I of Part 98--Default Emission Factors (1-Uij) for Gas Utilization Rates (Uij) and By-Product Formation Rates (Bijk) for
                                              Semiconductor Manufacturing for 300 mm and 450 mm Wafer Size
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Process gas i
               Process type/sub-type                ----------------------------------------------------------------------------------------------------
                                                        CF4      C2F6     CHF3     CH2F2     C3F8     C4F8     NF3      SF6      C4F6     C5F8    C4F8O
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 ETCHING/WAFER CLEANING
--------------------------------------------------------------------------------------------------------------------------------------------------------
1-Ui...............................................      0.63     0.80      0.39     0.15       NA     0.17     0.17     0.23     0.18     0.13       NA
BCF4...............................................        NA     0.21      0.10    0.059       NA    0.046    0.052    0.045    0.066     0.15       NA
BC2F6..............................................     0.092       NA     0.078    0.068       NA    0.030    0.057    0.067    0.090    0.083       NA
BC4F6..............................................        NA       NA   0.00010       NA       NA    0.018       NA       NA       NA       NA       NA
BC4F8..............................................   0.00063       NA   0.00080       NA       NA       NA       NA       NA       NA       NA       NA
BC3F8..............................................        NA       NA        NA       NA       NA       NA       NA       NA       NA       NA       NA
BCHF3..............................................     0.011       NA        NA    0.052       NA    0.028    0.035       NA    0.022    0.010       NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    CHAMBER CLEANING
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                In situ plasma cleaning
--------------------------------------------------------------------------------------------------------------------------------------------------------
1-Ui...............................................        NA       NA        NA       NA       NA       NA     0.23       NA       NA       NA       NA
BCF4...............................................        NA       NA        NA       NA       NA       NA    0.037       NA       NA       NA       NA
BC2F6..............................................        NA       NA        NA       NA       NA       NA       NA       NA       NA       NA       NA
BC3F8..............................................        NA       NA        NA       NA       NA       NA       NA       NA       NA       NA       NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Remote plasma cleaning
--------------------------------------------------------------------------------------------------------------------------------------------------------
1-Ui...............................................        NA       NA        NA       NA    0.063       NA    0.018       NA       NA       NA       NA
BCF4...............................................        NA       NA        NA       NA       NA       NA    0.075       NA       NA       NA       NA
BC2F6..............................................        NA       NA        NA       NA       NA       NA       NA       NA       NA       NA       NA
BC3F8..............................................        NA       NA        NA       NA       NA       NA       NA       NA       NA       NA       NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                In situ thermal cleaning
--------------------------------------------------------------------------------------------------------------------------------------------------------
1-Ui...............................................        NA       NA        NA       NA       NA       NA     0.28       NA       NA       NA       NA
BCF4...............................................        NA       NA        NA       NA       NA       NA    0.010       NA       NA       NA       NA
BC2F6..............................................        NA       NA        NA       NA       NA       NA       NA       NA       NA       NA       NA
BC3F8..............................................        NA       NA        NA       NA       NA       NA       NA       NA       NA       NA      NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: NA denotes not applicable based on currently available information.

    14. Table I-5 to subpart I is amended by revising the entries for
``CVD 1-Ui,'' ``CVD BCF4'' and ``CVD
BC3F8;'' and by revising the footnote to read as
follows:

   Table I-5 to Subpart I of Part 98--Default Emission Factors (1-Uij) for Gas Utilization Rates (Uij) and By-Product Formation Rates (Bijk) for MEMS
                                                                      Manufacturing
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Process gas i
                                            ------------------------------------------------------------------------------------------------------------
            Process type factors                                                                      NF3
                                               CF4      C2F6     CHF3    CH2F2     C3F8    c-C4F8   Remote     NF3      SF6     C4F6a    C5F8a    C4F8Oa
--------------------------------------------------------------------------------------------------------------------------------------------------------
Etch 1-Ui..................................      0.7   \a\0.4   \a\0.4  \a\0.06       NA   \a\0.2        NA      0.2      0.2      0.1      0.2       NA

Etch BCF4..................................       NA   \a\0.4  \a\0.07  \a\0.08       NA      0.2        NA       NA       NA   \a\0.3      0.2       NA
Etch BC2F6.................................       NA       NA       NA       NA       NA      0.2        NA       NA       NA   \a\0.2      0.2       NA
CVDChamber Cleaning 1-Ui...................      0.9      0.6       NA       NA      0.4      0.1      0.02      0.2       NA       NA      0.1      0.1
CVD Chamber Cleaning BCF4..................       NA      0.1       NA       NA      0.1      0.1   \b\0.02   \b\0.1       NA       NA      0.1      0.1
CVD Chamber Cleaning BC3F8.................       NA       NA       NA       NA       NA       NA        NA       NA       NA       NA       NA     0.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: NA denotes not applicable based on currently available information.
\a\Estimate includes multi-gas etch processes.
\b\Estimate reflects presence of low-k, carbide and multi-gas etch processes that may contain a C-containing fluorinated GHG additive.

    15. Table I-6 to subpart I is amended by revising the entries for
``CVD 1-Ui'' and by revising the footnote to read as
follows:

   Table I-6 to Subpart I of Part 98--Default Emission Factors (1-Uij) for Gas Utilization Rates (Uij) and By-
                              Product Formation Rates (Bijk) for LCD Manufacturing
----------------------------------------------------------------------------------------------------------------
                                                                  Process gas i
                               ---------------------------------------------------------------------------------
     Process type factors                                                                NF3
                                  CF4      C2F6     CHF3    CH2F2     C3F8    c-C4F8   Remote     NF3      SF6
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
CVD Chamber Cleaning 1-Ui.....       NA       NA       NA       NA       NA       NA      0.03      0.3     0.9
----------------------------------------------------------------------------------------------------------------
Notes: NA denotes not applicable based on currently available information.

    16. Table I-7 to subpart I is amended by revising the entries for
``CVD 1-Ui'' and ``CVD BCF4;'' and by revising
the footnote to read as follows:

   Table I-7 to Subpart I of Part 98--Default Emission Factors (1-Uij) for Gas Utilization Rates (Uij) and By-
                               Product Formation Rates (Bijk) for PV Manufacturing
----------------------------------------------------------------------------------------------------------------
                                                                  Process gas i
                               ---------------------------------------------------------------------------------
     Process type factors                                                                NF3
                                  CF4      C2F6     CHF3    CH2F2     C3F8    c-C4F8   Remote     NF3      SF6
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
CVD Chamber Cleaning 1-Ui.....       NA      0.6       NA       NA      0.1      0.1        NA      0.3      0.4
CVD Chamber Cleaning BCF4.....       NA      0.2       NA       NA      0.2      0.1        NA       NA      NA
----------------------------------------------------------------------------------------------------------------
Notes: NA denotes not applicable based on currently available information.

    17. Table I-8 to subpart I is amended by revising the entry for
``Other Manufacturing Process 1-Ui'' to read as follows:

 Table I-8 to Subpart I of Part 98--Default Emission Factors (1-UN2O,j)
                      for N2O Utilization (UN2O,j)
------------------------------------------------------------------------
                       Process type factors                         N2O
------------------------------------------------------------------------

                                * * * * *
Other Manufacturing Process 1-Ui.................................   1.14
------------------------------------------------------------------------

    18. Subpart I is amended by adding Table I-9 to subpart I to read
as follows:

Table I-9 to Subpart I of Part 98--Methods and Procedures for Conducting
                    Emissions Tests for Stack Systems
------------------------------------------------------------------------
  For each stack system for
which you use the stack test
 method to calculate annual      You must * * *          Using * * *
       emissions * * *
------------------------------------------------------------------------
For each fluorinated GHG....  Measure the           Method 320 at 40 CFR
                               concentration in      part 63, appendix
                               the stack system.     A. Conduct the test
                                                     run for a minimum
                                                     of 8 hours for each
                                                     stack system.
                              Select sampling port  Method 1 or 1A at 40
                               locations and the     CFR part 60,
                               number of traverse    appendix A-1.
                               points.
                              Determine gas         Method 2, 2A, 2C,
                               velocity and          2D, 2F, or 2G at 40
                               volumetric flow       CFR part 60,
                               rate.                 appendix A-1 and A-
                                                     2.
                              Determine gas         Method 3, 3A, or 3B
                               molecular weight.     at 40 CFR part 60,
                                                     appendix A-2 using
                                                     the same sampling
                                                     site and time as
                                                     fluorinated GHG
                                                     sampling.
                              Measure gas moisture  Method 4 at 40 CFR
                               content.              part 60, appendix A-
                                                     3, or using
                                                     FTIR.\a\
------------------------------------------------------------------------
\a\ Extractive FTIR is an acceptable method, in lieu of Method 4 at 40
  CFR part 60 appendix A, of determining the volumetric concentrations
  of moisture in semiconductor stack gas streams. The spectral
  calibrations employed should bracket the anticipated range of optical
  depths (H2O concentration in parts per million multiplied by FTIR
  sample cell path length) measured in the field for moisture saturated
  (relative humidity approximately 100 percent) air streams at
  temperatures characterized via Method 2 at 40 CFR part 60 appendix A,
  within the stack. The HITRAN molecular spectroscopic database is an
  example of a widely used international standard of IR absorption
  parameters that provide accurate H2O FTIR calibrations at atmospheric
  conditions. Field measurements should be verified to be in line with
  moisture saturated wet scrubber exhaust concentrations at measured
  temperatures; the use of a hygrometer can provide verification of
  accuracy, which must be 2 percent. Field measurements
  should be verified to be consistent with published water vapor
  pressure curves at the current stack temperatures (Perry, R.H. and
  D.W. Green. Perry's Chemical Engineer's Handbook (8th Edition). McGraw-
  Hill Publishing Company, Inc. New Your, New York. 2008). The use of a
  hygrometer can also be used to provide verification of accuracy.

    19. Subpart I is amended by adding Table I-10 to subpart I to read
as follows:

   Table I-10 to Subpart I of Part 98--Maximum Field Detection Limits
   Applicable to Fluorinated GHG Concentration Measurements for Stack
                                 Systems
------------------------------------------------------------------------
                                                               Maximum
                                                                field
                  Fluorinated GHG analyte                     detection
                                                                limit
                                                                (ppbv)
------------------------------------------------------------------------
CF4........................................................            5
C2F6.......................................................            5
C3F8.......................................................            5
C4F6.......................................................            5
C5F8.......................................................            5
c-C4F8.....................................................            5
CH2F2......................................................           10
CH3F.......................................................           10
CHF3.......................................................            5
NF3........................................................            5
SF6........................................................            1
Other fully fluorinated GHGs...............................            5
Other fluorinated GHGs.....................................          10
------------------------------------------------------------------------
ppbv--Parts per billion by volume.

    Subpart I is amended by adding Table I-11 to subpart I to read as
follows:
    20. Subpart I is amended by adding Table I-11 to subpart I to read
as follows:

     Table I-11 to Subpart I of Part 98--Default Emission Factors (1-UIJ) for Gas Utilization Rates (UIJ) and By-Product Formation Rates (BIJK) for
                                             Semiconductor Manufacturing for Use With the Stack Test Method
                                                               [150 mm and 200 mm wafers]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Process gas i
           All processes            --------------------------------------------------------------------------------------------------------------------
                                       CF4      C2F6     CHF3    CH2F2    C2HF5     CH3F     C3F8     C4F8     NF3      SF6      C4F6     C5F8    C4F8O
--------------------------------------------------------------------------------------------------------------------------------------------------------
1-Ui...............................     0.81     0.71     0.50     0.13    0.064     0.66     0.40     0.14     0.19     0.55     0.17       NA     0.14
BCF4...............................       NA     0.13    0.085    0.081    0.077       NA     0.20     0.12    0.021     0.15     0.13       NA     0.13
BC2F6..............................    0.048       NA    0.031    0.025    0.024       NA       NA    0.037       NA      .17     0.11       NA    0.045
BC4F6..............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA
BC4F8..............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA
BC3F8..............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA
BCHF3..............................     0.11       NA       NA    0.066       NA       NA       NA       NA       NA       NA    0.066       NA       NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: NA denotes not applicable based on currently available information.

    21. Subpart I is amended by adding Table I-12 to subpart I to read
as follows:

      Table I-12 to Subpart I of Part 98-Default Emission Factors (1-UIJ) for Gas Utilization Rates (UIJ) and By-Product Formation Rates (BIJK) for
                                             Semiconductor Manufacturing for Use With the Stack Test Method
                                                             [300 mm and 450 mm wafer sizes]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Process gas i
                    All process                     ----------------------------------------------------------------------------------------------------
                                                        CF4      C2F6     CHF3     CH2F2     C3F8     C4F8     NF3      SF6      C4F6     C5F8    C4F8O
--------------------------------------------------------------------------------------------------------------------------------------------------------
1-Ui...............................................      0.63     0.80      0.39     0.15    0.063     0.17     0.17     0.23     0.18     0.13       NA
BCF4...............................................        NA     0.21      0.10    0.059       NA    0.046    0.062    0.045    0.066     0.15       NA
BC2F6..............................................     0.092       NA     0.078    0.068       NA    0.030    0.057    0.067    0.090    0.083       NA
BC4F6..............................................        NA       NA   0.00010       NA       NA    0.018       NA       NA       NA       NA       NA
BC4F8..............................................   0.00063       NA   0.00080       NA       NA       NA       NA       NA       NA       NA       NA
BC3F8..............................................        NA       NA        NA       NA       NA       NA       NA       NA       NA       NA       NA
BCHF3..............................................     0.011       NA        NA    0.052       NA    0.028    0.035       NA    0.022    0.010       NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: NA denotes not applicable based on currently available information.

    22. Subpart I is amended by adding Table I-13 to subpart I to read
as follows:

  Table I-13 to Subpart I of Part 98--Default Emission Factors (1-UIJ) for Gas Utilization Rates (UIJ) and By-
             Product Formation Rates (BIJK) for LCD Manufacturing for Use With the Stack Test Method
----------------------------------------------------------------------------------------------------------------
                                                                  Process gas i
                               ---------------------------------------------------------------------------------
        Process gas (i)                                                                  NF3
                                  CF4      C2F6     CHF3    CH2F2     C3F8    c-C4F8   remote     NF3      SF6
----------------------------------------------------------------------------------------------------------------
1-Ui..........................      0.6       NA      0.2       NA       NA      0.1      0.03      0.3      0.6
BCF4..........................       NA       NA     0.07       NA       NA    0.009        NA       NA       NA
BCHF3.........................       NA       NA       NA       NA       NA     0.02        NA       NA       NA
BC2F6.........................       NA       NA     0.05       NA       NA       NA        NA       NA       NA
BC3F8.........................       NA       NA       NA       NA       NA       NA        NA       NA       NA
----------------------------------------------------------------------------------------------------------------
Notes: NA denotes not applicable based on currently available information.+

    23. Subpart I is amended by adding Table I-14 to subpart I to read
as follows:

  Table I-14 to Subpart I of Part 98--Default Emission Factors (1-UIJ) for Gas Utilization Rates (UIJ) and By-
             Product Formation Rates (BIJK) for PV Manufacturing for Use With the Stack Test Method
----------------------------------------------------------------------------------------------------------------
                                                                  Process gas i
                               ---------------------------------------------------------------------------------
        Process gas (i)                                                                  NF3
                                  CF4      C2F6     CHF3    CH2F2     C3F8    c-C4F8   remote     NF3      SF6
----------------------------------------------------------------------------------------------------------------
1-Ui..........................      0.7      0.6      0.4       NA      0.4      0.2        NA      0.2      0.4
BCF4..........................       NA      0.2       NA       NA      0.2      0.1        NA     0.05       NA
BC2F6.........................       NA       NA       NA       NA       NA      0.1        NA       NA       NA
BC3F8.........................       NA       NA       NA       NA       NA       NA        NA       NA       NA
----------------------------------------------------------------------------------------------------------------
Notes: NA denotes not applicable based on currently available information.

    24. Subpart I is amended by adding Table I-15 to subpart I to read
as follows:

   Table I-15 to Subpart I of Part 98-Default Emission Factors (1-UIJ) for Gas Utilization Rates (UIJ) and By-Product Formation Rates (BIJK) for MEMS
                                                    Manufacturing for Use With the Stack Test Method
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Process Gas i
                                            ------------------------------------------------------------------------------------------------------------
               All processes                                                                          NF3
                                               CF4      C2F6     CHF3    CH2F2     C3F8    c-C4F8   remote     NF3      SF6      C4F6     C5F8    C4F8O
--------------------------------------------------------------------------------------------------------------------------------------------------------
1-Ui.......................................      0.9      0.6      0.4      0.1      0.4      0.1       0.2      0.2      0.2      0.1       .1      0.1
BCF4.......................................       NA      0.2     0.07     0.08      0.1      0.1  \1\ 0.02     0.09       NA      0.3       .1      0.1
BC2F6......................................       NA       NA       NA       NA       NA      \1\        NA       NA       NA      0.2     0.04       NA
                                                                                0.04
BC3F8......................................       NA       NA       NA       NA       NA       NA        NA       NA       NA       NA       NA       NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: NA denotes not applicable based on currently available information.
\1\ Estimate reflects presence of low-k, carbide and multi-gas etch processes that may contain a C-containing fluorinated GHG additive.

    25. Subpart I is amended by adding Table I-16 to subpart I to read
as follows:

   Table I-16 to Subpart I of Part 98--Default Emission Destruction or
     Removal Efficiency (DRE) Factors for Electronics Manufacturing
------------------------------------------------------------------------
                                                            Default DRE
           Manufacturing type/process type/gas                  (%)
------------------------------------------------------------------------
MEMS, LCDs, and PV Manufacturing........................              60
Semiconductor Manufacturing.............................  ..............
Plasma Etch/Wafer Clean Process Type....................  ..............
CHF3, CH2F2, C4F8, NF3, SF6, C4F6.......................              98
All other plasma etch/wafer clean fluorinated GHG.......              60
Chamber Clean Process Type..............................  ..............
NF3.....................................................              75
All other chamber clean fluorinated GHG.................              60
N2O Processes...........................................  ..............
CVD and all other N2O-using processes...................              60
------------------------------------------------------------------------

    Subpart I is amended by adding ``Appendix A'' to read as follows:

Appendix A to Subpart I of Part 98--Alternative Procedures for
Measuring Point-of-Use Abatement Device Destruction or Removal
Efficiency.

    If you are measuring destruction or removal efficiency of a
point-of-use abatement device according to EPA 430-R-10-003
(incorporated by reference, see Sec.  98.7) as specified in Sec.
98.94(f)(4), you may follow the alternative procedures specified in
paragraphs (a) through (c) of this appendix.
    (a) In place of the Quadrupole Mass Spectrometry protocol
requirements specified in section 2.2.4 of EPA 430-R-10-003
(incorporated by reference, see Sec.  98.7), you must conduct mass
spectrometry testing in accordance with the provisions in paragraph
(a)(1) through (a)(15) of this appendix.
    (1) Detection limits. The mass spectrometer chosen for this
application must have the necessary sensitivity to detect the
selected effluent species at or below the maximum field detection
limits specified in Table I-10 to this subpart.
    (2) Sampling location. The sample at the inlet of the point-of-
use abatement device must be taken downstream of the process tool
and pump package. The sample exhaust must be vented back into the
corrosive house ventilation system at a point downstream of the
sample inlet location.
    (3) Sampling conditions. For etch processes, destruction or
removal efficiencies must be determined while etching a substrate
(product, dummy, or test). For chemical vapor deposition processes,
destruction or removal efficiencies must be determined during a
chamber clean after deposition (destruction or removal efficiencies
must not be determined in a clean chamber). All sampling must be
performed non-intrusively during wafer processing. Samples must be
drawn through the mass spectrometer source by an external sample
pump. Because of the volatility, vapor pressure, stability, and
inertness of CF4, C2F6,
C3F8, CHF3, NF3, and
SF6, the sample lines do not need to be heated.
    (4) Mass spectrometer parameters. The specific mass spectrometer
operating conditions such as electron energy, secondary electron
multiplier voltage, emission current, and ion focusing voltage must
be selected according to the specifications provided by the mass
spectrometer manufacturer, the mass spectrometer system manual,
basic mass spectrometer textbook, or other such sources. The mass
spectrometer responses to each of the target analytes must all be
calibrated under the same mass spectrometer operating conditions.
    (5) Flow rates. A sample flow rate of 0.5-1.5 standard liters
per minute must be drawn from the process tool exhaust stream under
study.
    (6) Sample frequency. The mass spectrometer sampling frequency
for etch processes must be in the range of 0.5 to 1 cycles per
second, and for chemical vapor deposition processes must be in the
range of 0.25 to 0.5 cycles per second.
    (7) Dynamic dilution calibration parameters. The quadrupole mass
spectrometer must be calibrated for both mass location and response
to analytes. A dynamic dilution calibration system may be used to
perform both types of mass spectrometer system calibrations using
two mass flow controllers. Use one mass flow controller to regulate
the flow rate of the standard component used to calibrate the system
and the second mass flow controller to regulate the amount of
diluent gas used to mix with the standard to generate the
calibration curve for each compound of interest. The mass flow
controller must be calibrated using the single component gas being
used with them, for example, nitrogen (N2) for the
diluent. A mass flow controller used with calibration mixtures must
be calibrated with the calibration mixture balance gas (for example,
N2 or He) if the analyte components are 2 percent or less
of the volume of the sample. All calibration mixtures must be
National Institute of Standards and Technology Traceable gases or
equivalent. They must be calibrated over their range of use and must
be operated in their experimentally determined dynamic linear range.
If compressed gas standards cannot be brought into the fab, metered
gas flows of target compounds into the process chamber, under no
thermal or plasma conditions and with no wafer(s) present, and with
no process emissions from other tools contributing to the sample
location, must then be performed throughout the appropriate
concentration ranges to derive calibration curves for the subsequent
destruction or removal efficiency tests.
    (8) Mass location calibration. A mixture containing 1 percent
He, Ar, Kr, and Xe in a balance gas of nitrogen must be used to
assure the alignment of the quadrupole mass filter (see EPA Method
205 at 40 CFR part 51, appendix M as reference). The mass
spectrometer must be chosen so that the mass range is sufficient to
detect the predominant peaks of the components under study.
    (9) Quadrupole mass spectrometer response calibration. A
calibration curve must be generated for each compound of interest.
    (10) Calibration frequency. The mass spectrometer must be
calibrated at the start of testing a given process. The calibration
must be checked at the end of testing.
    (11) Calibration range. The mass spectrometer must be calibrated
over the expected concentration range of analytes using a minimum of
five concentrations including a zero. The zero point is defined as
diluent containing no added analyte.
    (12) Operating procedures. You must follow the operating
procedures specified in paragraphs (a)(12)(i) through (a)(12)(v) of
this appendix.
    (i) You must perform a qualitative mass calibration by running a
standard (or by

flowing chamber gases under non-process conditions) containing
stable components such as Ar, Kr, and Xe that provide predominant
signals at m/e values distributed throughout the mass range to be
used. You must adjust the quadrupole mass filter as needed to align
with the inert gas fragments.
    (ii) You must quantitatively calibrate the quadrupole mass
spectrometer for each analyte of interest. The analyte
concentrations during calibration must include the expected
concentrations in the process effluent. The calibration must be
performed under the same operating conditions, such as inlet
pressure, as when sampling process exhaust. If the calibration inlet
pressure differs from the sampling inlet pressure then the
relationship between inlet pressure and quadrupole mass spectrometer
signal response must be empirically determined and applied to
correct for any differences between calibration and process
emissions monitoring data.
    (iii) To determine the response time of the instrument to
changes in a process, a process gas such as
C2F6 must be turned on at the process tool for
a fixed period of time (for example, 20 seconds), after which the
gas is shut off. The sample flow rate through the system must be
adjusted so that the signal increases to a constant concentration
within a few seconds and decreases to background levels also within
a few seconds.
    (iv) You must sample the process effluent through the quadrupole
mass spectrometer and acquire data for the required amount of time
to track the process, as determined in paragraph (a)(12)(iii) of
this appendix. You must set the sample frequency to monitor the
changes in the process as specified in paragraph (a)(6) of this
appendix. You must repeat this for at least five substrates on the
same process and calculate the average and standard deviation of the
analyte concentration.
    (v) You must repeat the quantitative calibration at the
conclusion of sampling to identify any drifts in quadrupole mass
spectrometer sensitivity. If drift is observed, you must use an
internal standard to correct for changes in sensitivity.
    (13) Sample analysis. To determine the concentration of a
specific component in the sample, you must divide the ion intensity
of the sample response by the calibrated response factor for each
component.
    (14) Deconvolution of interfering peaks. The effects of
interfering peaks must be deconvoluted from the mass spectra for
each target analyte.
    (15) Calculations. Plot ion intensity versus analyte
concentration for a given compound obtained when calibrating the
analytical system. Determine the slope and intercept for each
calibrated species to obtain response factors with which to
calculate concentrations in the sample. For an acceptable
calibration, the R\2\ value of the calibration curve must be at
least 0.98.
    (b) In place of the Fourier Transform Infrared Spectroscopy
protocol requirements specified in section 2.2.4 of EPA 430-R-10-003
(incorporated by reference, see Sec.  98.7), you may conduct Fourier
Transform Infrared Spectroscopy testing in accordance with the
provisions in paragraph (b)(1) through (b)(17) of this appendix,
including the laboratory study phase described in paragraphs (b)(1)
through (b)(7), and the field study phase described in paragraphs
(b)(8) through (b)(17) of this appendix.
    (1) Conformance with provisions associated with the Calibration
Transfer Standard. This procedure calls for the use of a calibration
transfer standard in a number of instances. The use of a calibration
transfer standard is necessary to validate optical pathlength and
detector response for spectrometers where cell temperature, cell
pressure, and cell optical pathlength are potentially variable. For
fixed pathlength spectrometers capable of controlling cell
temperature and pressure to within +/- 10 percent of a desired set
point, the use of a calibration transfer standard, as described in
paragraphs (b)(2) to (b)(17) this appendix is not required.
    (2) Defining spectroscopic conditions. Define a set of
spectroscopic conditions under which the field studies and
subsequent field applications are to be carried out. These include
the minimum instrumental line-width, spectrometer wave number range,
sample gas temperature, sample gas pressure, absorption pathlength,
maximum sampling system volume (including the absorption cell),
minimum sample flow rate, and maximum allowable time between
consecutive infrared analyses of the effluent.
    (3) Criteria for reference spectral libraries. On the basis of
previous emissions test results and/or process knowledge (including
the documentation of results of any initial and subsequent tests,
and the final reports required in Sec.  98.97(d)(4)(i)), estimate
the maximum concentrations of all of the analytes in the effluent
and their minimum concentrations of interest (those concentrations
below which the measurement of the compounds is of no importance to
the analysis). Values between the maximum expected concentration and
the minimum concentration of interest are referred to below as the
``expected concentration range.'' A minimum of four reference
spectra must be available for each analyte. When the set of spectra
is ordered according to absorbance, the absorbance levels of
adjacent reference spectra should not differ by more than a factor
of six. Reference spectra for each analyte should be available at
absorbance levels that bracket the analyte's expected concentration
range; minimally, the spectrum whose absorbance exceeds each
analyte's expected maximum concentration or is within 30 percent of
it must be available. The reference spectra must be collected at or
near the same temperature and pressure at which the sample is to be
analyzed under. The gas sample pressure and temperature must be
continuously monitored during field testing and you must correct for
differences in temperature and pressure between the sample and
reference spectra. Differences between the sample and reference
spectra conditions must not exceed 50 percent for pressure and 70
[deg]C for temperature.
    (4) Spectra without reference libraries. If reference spectral
libraries meeting the criteria in paragraph (b)(3) of this appendix
do not exist for all the analytes and interferants or cannot be
accurately generated from existing libraries exhibiting lower
minimum instrumental line-width values than those proposed for the
testing, prepare the required spectra according to the procedures
specified in paragraphs (b)(4)(i) and (b)(4)(ii) of this appendix.
    (i) Reference spectra at the same absorbance level (to within 10
percent) of independently prepared samples must be recorded. The
reference samples must be prepared from neat forms of the analyte or
from gas standards of the highest quality commonly available from
commercial sources. Either barometric or volumetric methods may be
used to dilute the reference samples to the required concentrations,
and the equipment used must be independently calibrated to ensure
suitable accuracy. Dynamic and static reference sample preparation
methods are acceptable, but dynamic preparations must be used for
reactive analytes. Any well characterized absorption pathlength may
be employed in recording reference spectra, but the temperature and
pressure of the reference samples should match as closely as
possible those of the proposed spectroscopic conditions.
    (ii) If a mercury cadmium telluride or other potentially non-
linear detector (i.e., a detector whose response vs. total infrared
power is not a linear function over the range of responses employed)
is used for recording the reference spectra, you must correct for
the effects of this type of response on the resulting concentration
values. As needed, spectra of a calibration transfer standard must
be recorded with the laboratory spectrometer system to verify the
absorption pathlength and other aspects of the system performance.
All reference spectral data must be recorded in interferometric form
and stored digitally.
    (5) Sampling system preparation. Construct a sampling system
suitable for delivering the proposed sample flow rate from the
effluent source to the infrared absorption cell. For the compounds
of interest, the surfaces of the system exposed to the effluent
stream must be limited to stainless steel and Teflon; because of the
potential for generation of inorganic automated gases, glass
surfaces within the sampling system and absorption cell must be
Teflon-coated. You must demonstrate that the system, when sampling
from a simulated source at the estimated effluent source pressure,
delivers a volume of sample at least four times the maximum sampling
system volume in a time shorter than the proposed minimum time
between consecutive infrared analyses.
    (6) Preliminary analytical routines. For the proposed absorption
pathlength to be used in actual emissions testing, you must prepare
an analysis method containing of all the effluent compounds at their
expected maximum concentrations plus the field calibration transfer
standard compound at 20 percent of its full concentration as needed.
    (7) Documentation. The laboratory techniques used to generate
reference spectra and to convert sample spectral information to
compound concentrations must be

documented. The required level of detail for the documentation is
that which allows an independent analyst to reproduce the results
from the documentation and the stored interferometric data.
    (8) Spectroscopic system performance. The performance of the
proposed spectroscopic system, sampling system, and analytical
method must be rigorously examined during and after a field study.
Several iterations of the analysis method may need to be applied
depending on observed concentrations, absorbance intensities, and
interferences. During the field study, all the sampling and
analytical procedures envisioned for future field applications must
be documented. Additional procedures not required during routine
field applications, notably dynamic spiking studies of the analyte
gases, may be performed during the field study. These additional
procedures need to be performed only once if the results are
acceptable and if the effluent sources in future field applications
prove suitably similar to those chosen for the field study. If
changes in the effluent sources in future applications are noted and
require substantial changes to the analytical equipment and/or
conditions, a separate field study must be performed for the new set
of effluent source conditions. All data recorded during the study
must be retained and documented, and all spectral information must
be permanently stored in interferometric form.
    (9) System installation. The spectroscopic and sampling sub-
systems must be assembled and installed according to the
manufacturers' recommendations. For the field study, the length of
the sample lines used must not be less than the maximum length
envisioned for future field applications. The system must be given
sufficient time to stabilize before testing begins.
    (10) Pre-test calibration. Record a suitable background spectrum
using pure nitrogen gas; alternatively, if the analytes of interest
are in a sample matrix consistent with ambient air, it is beneficial
to use an ambient air background to control interferences from water
and carbon dioxide. For variable pathlength Fourier Transform
Infrared Spectrometers, introduce a sample of the calibration
transfer standard gas directly into the absorption cell at the
expected sample pressure and record its absorbance spectrum (the
``initial field calibration transfer standard spectrum''). Compare
it to the laboratory calibration transfer standard spectra to
determine the effective absorption pathlength. If possible, record
spectra of field calibration gas standards (single component
standards of the analyte compounds) and determine their
concentrations using the reference spectra and analytical routines
developed in paragraphs (b)(2) through (b)(7) of this appendix;
these spectra may be used instead of the reference spectra in actual
concentration and uncertainty calculations.
    (11) Deriving the calibration transfer standard gas from tool
chamber gases. The calibration transfer standard gas may be derived
by flowing appropriate semiconductor tool chamber gases under non-
process conditions (no thermal or plasma conditions and with no
wafer(s) present) if compressed gas standards cannot be brought on-
site.
    (12) Reactivity and response time checks. While sampling ambient
air and continuously recording absorbance spectra, suddenly replace
the ambient air flow with calibration transfer standard gas
introduced as close as possible to the probe tip. Examine the
subsequent spectra to determine whether the flow rate and sample
volume allow the system to respond quickly enough to changes in the
sampled gas. Should a corrosive or reactive gas be of interest in
the sample matrix it would be beneficial to determine the reactivity
in a similar fashion, if practical. Examine the subsequent spectra
to ensure that the reactivities of the analytes with the exposed
surfaces of the sampling system do not limit the time response of
the analytical system. If a pressure correction routine is not
automated, monitor the absorption cell temperature and pressure;
verify that the (absolute) pressure remains within 2 percent of the
pressure specified in the proposed system conditions.
    (13) Analyte spiking. Analyte spiking must be performed. While
sampling actual source effluent, introduce a known flow rate of
calibration transfer standard gas into the sample stream as close as
possible to the probe tip or between the probe and extraction line.
Measure and monitor the total sample flow rate, and adjust the spike
flow rate until it represents 10 percent to 20 percent of the total
flow rate. After waiting until at least four absorption cell volumes
have been sampled, record four spectra of the spiked effluent,
terminate the calibration transfer standard spike flow, pause until
at least four cell volumes are sampled, and then record four
(unspiked) spectra. Repeat this process until 12 spiked and 12
unspiked spectra have been obtained. If a pressure correction
routine is not automated, monitor the absorption cell temperature
and pressure; verify that the pressure remains within 2 percent of
the pressure specified in the proposed system conditions. Calculate
the expected calibration transfer standard compound concentrations
in the spectra and compare them to the values observed in the
spectrum. This procedure is best performed using a spectroscopic
tracer to calculate dilution (as opposed to measured flow rates) of
the injected calibration transfer standard (or analyte). The
spectroscopic tracer should be a component not in the gas matrix
that is easily detectable and maintains a linear absorbance over a
large concentration range. Repeat this spiking process with all
effluent compounds that are potentially reactive with either the
sampling system components or with other effluent compounds. The gas
spike is delivered by a mass flow controller, and the expected
concentration of analyte of interest (AOITheoretical) is
calculated as follows: [Photo Equation]
[GRAPHIC] [TIFF OMITTED] TP16OC12.087

Where:

AOITheoretical = Theoretical analyte of interest
concentration (ppm).
Tracersample = Tracer concentration (ppm) as seen by the
Fourier Transform Infrared Spectrometer during spiking.
Tracercylinder = The concentration (ppm) of tracer
recorded during direct injection of the cylinder to the Fourier
Transform Infrared Spectrometer cell.
AOIcylinder = The supplier-certified concentration (ppm)
of the analyte of interest gas standard.
AOInative = The native AOI concentration (ppm) of the
effluent during stable conditions.
    (14) Post-test calibration. At the end of a sampling run and at the
end of the field study, record the spectrum of the calibration transfer
standard gas. The resulting ``final field calibration transfer standard
spectrum'' must be compared to the initial field calibration transfer
standard spectrum to verify suitable stability of the spectroscopic
system throughout the course of the field study.
    (15) Amendment of analytical routines. The presence of
unanticipated interferant compounds and/or the observation of compounds
at concentrations outside their expected concentration ranges may
necessitate the repetition of portions of the procedures in paragraphs
(b)(2) through (b)(14) of this appendix. Such amendments are allowable
before final analysis of the data, but must be represented in the
documentation required in paragraph (b)(16) of this appendix.
    (16) Documentation. The sampling and spiking techniques used to
generate the field study spectra and to convert sample spectral
information to concentrations must be documented at a level of detail
that allows an independent analyst to reproduce the results from the
documentation and the stored interferometric data.
    (17) Method application. When the required laboratory and field
studies have been completed and if the results indicate a suitable
degree of accuracy, the methods developed may be applied to practical
field measurement tasks.

During field applications, the procedures demonstrated in the field
study specified in paragraphs (b)(8) through (b)(16) of this appendix
must be adhered to as closely as possible, with the following
exceptions specified in paragraphs (b)(17)(i) through (b)(17)(iii) of
this appendix:
    (i) The sampling lines employed should be as short as practically
possible and not longer than those used in the field study.
    (ii) Analyte spiking and reactivity checks are required after the
installation of or major repair to the sampling system or major change
in sample matrix. In these cases, perform three spiked/unspiked samples
with calibration transfer standard or a surrogate analyte on a daily
basis if time permits and gas standards are easy to obtain and get on-
site.
    (iii) Sampling and other operational data must be recorded and
documented as during the field study, but only the interferometric data
needed to reproduce actual test and spiking data must be stored
permanently. The format of this data does not need to be interferograms
but may be absorbance spectra or single beams.
    (c) When using the flow and dilution measurement protocol specified
in section 2.2.6 of EPA 430-R-10-003 (incorporated by reference, see
Sec.  98.7), you may determine point-of-use abatement device total
volume flow with the modifications specified in paragraphs (c)(1)
through (c)(3) of this appendix.
    (1) You may introduce the non-reactive, non-native gas used for
determining total volume flow and dilution across the point-of-use
abatement device at a location between the thermal oxidizer of the
point-of-use abatement device and the scrubber.
    (2) You may select a location for downstream non-reactive, non-
native gas analysis that complies with the requirements in this
paragraph (c)(2) of this appendix. The sampling location should be
traversed with the sampling probe measuring the non-reactive, non-
native gas concentrations to ensure homogeneity of the non-reactive gas
and point-of-use abatement device effluent (i.e., stratification test).
To test for stratification, measure the non-reactive, non-native gas
concentrations at three points on a line passing through the centroidal
area. Space the three points at 16.7, 50.0, and 83.3 percent of the
measurement line. Sample for a minimum of twice the system response
time, determined according to paragraph (c)(3) of this appendix, at
each traverse point. Calculate the individual point and mean non-
reactive, non-native gas concentrations. If the non-reactive, non-
native gas concentration at each traverse point differs from the mean
concentration for all traverse points by no more than 5.0
percent of the mean concentration, the gas stream is considered
unstratified and you may collect samples from a single point that most
closely matches the mean. If the 5.0 percent criterion is not met, but
the concentration at each traverse point differs from the mean
concentration for all traverse points by no more than 10.0
percent of the mean, you may take samples from two points and use the
average of the two measurements. Space the two points at 16.7, 50.0, or
83.3 percent of the measurement line. If the concentration at each
traverse point differs from the mean concentration for all traverse
points by more than 10.0 percent of the mean but less than
20.0 percent, take samples from three points at 16.7, 50.0, or 83.3
percent of the measurement line and use the average of the three
measurements. If the gas stream is found to be stratified because the
20.0 percent criterion for a 3-point test is not met, locate and sample
the non-reactive, non-native gas from traverse points for the test in
accordance with Sections 11.2 and 11.3 of EPA Method 1 in 40 CFR part
60, appendix A-1. A minimum of 40 non-reactive gas concentration
measurements will be collected at three to five different injected non-
reactive gas flow rates for determination of point-of-use abatement
device effluent flow. The total volume flow of the point-of-use
abatement device exhaust will be calculated consistent with the EPA
430-R-10-003 (incorporated by reference, see Sec.  98.7) Equations 1
through 7.
    (3) You must determine the measurement system response time
according to paragraphs (c)(3)(i) through (c)(3)(iii) of this appendix.
    (i) Before sampling begins, introduce ambient air at the probe
upstream of all sample condition components in system calibration mode.
Record the time it takes for the measured concentration of a selected
compound (for example, carbon dioxide) to reach steady state.
    (ii) Introduce nitrogen in the system calibration mode and record
the time required for the concentration of the selected compound to
reach steady state.
    (iii) Observe the time required to achieve 95 percent of a stable
response for both nitrogen and ambient air. The longer interval is the
measurement system response time.

[FR Doc. 2012-22348 Filed 10-15-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Proposed Rules]
[Pages 40081-40084]
[FR Doc No: 2013-16053]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0418]
RIN 1625-AA00

Safety Zone; Antique Boat Show, Niagara River, Grand Island, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on Niagara River, Grand Island, NY. This proposed rule is intended to
restrict vessels from a portion of the Niagara River during the Antique
Boat Show powerboat races. The safety zone established by this proposed
rule is necessary to protect spectators, participants, and vessels from
the hazards associated with powerboat races.

DATES: Comments and related material must be received by the Coast
Guard on or before August 2, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0418 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Delivery: at the same as mail address above, deliveries are
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these three methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for further instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Christopher Mercurio, Chief of Waterway Management,
U.S. Coast Guard Sector Buffalo; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2013-0418), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online at http://www.regulations.gov or by fax, mail, or hand delivery,
but please use only one of these means. If you submit a comment online,
it will be considered received by the Coast Guard when the comment is
successfully transmitted. If you fax, hand deliver, or mail your
comment, it will be considered received by the Coast Guard when the
comment is received at the Docket Management Facility. We recommend
that you include your name and a mailing address, an email address, or
a telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2013-0418] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2013-0418) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

B. Basis and Purpose

    The Antique Boat Show is an annual event involving hydroplane and
power boat races that has taken place over the last 36 years. The
Antique Boat Show takes place on the Niagara River within a 2.5 mile
course located near the Buffalo Launch Club in Grand Island, NY.
Typically, the event takes place on the first or second Saturday of
September. The Captain of the Port Buffalo has determined that
hydroplane racing presents significant hazards to public spectators and
participants.

C. Discussion of the Proposed Rule

    This proposed temporary safety zone is necessary to guard against
the hazards mentioned in the preceding paragraph. The proposed safety
zone will be effective and enforced from 9:30 a.m. until 4:30 p.m. on
September 7, 2013. The proposed safety zone will encompass all waters
of Niagara River, Grand Island, NY starting at position 42[deg]59'59''
N, 078[deg]56'22'' W, East to 49[deg]59'54'' N, 078[deg]56'14'' W,
South to 42[deg]57'54'' N, 078[deg]56'04'' W, West to 42[deg]057'48''
N, 078[deg]56'22'' W. (NAD 83)
    Entry into, transiting, or anchoring within the proposed safety
zone is prohibited unless authorized by the Captain of the Port Buffalo
or his on-scene representative. The Captain of the Port or his on-scene
representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We conclude that this proposed
rule is not a significant regulatory action because we anticipate that
it will have minimal impact on the economy, will not interfere with
other agencies, will not adversely alter the budget of any grant or
loan recipients, and will not raise any novel legal or policy issues.
The safety zone created by this proposed rule will be relatively small
and enforced for relatively short time. Also, the proposed safety zone
is designed to minimize its impact on navigable waters. Furthermore,
the proposed safety zone has been designed to allow vessels to transit
around it. Thus, restrictions on vessel movement within that particular
area are expected to be minimal. Under certain conditions, moreover,
vessels may still transit through the proposed safety zone when
permitted by the Captain of the Port.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities. This proposed temporary final
rule may affect the following entities, some of which might be small
entities: the owners of operators of vessels intending to transit or
anchor in a portion of the Niagara River near Grand Island, NY between
9:30 a.m. to 4:30 p.m. on September 7, 2013.
    This proposed safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: this proposed rule will be in effect for only a few hours and
the proposed safety zone will allow vessels to move freely around the
proposed safety zone on the Niagara River. If you think that your
business, organization, or governmental jurisdiction qualifies as a
small entity and that this proposed rule would have a significant
economic impact on it, please submit a comment (see ADDRESSES)
explaining why you think it qualifies and how and to what degree this
proposed rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.

6. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.

7. Taking of Private Property

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

8. Civil Justice Reform

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

9. Protection of Children From Environmental Health Risks

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

10. Indian Tribal Governments

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

11. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

12. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

13. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on

the human environment. This proposed rule is categorically excluded,
under figure 2-1, paragraph (34) (g), of the Commandant Instruction
because it involves the establishment of a safety zone.
    A preliminary environmental analysis checklist and a preliminary
categorical exclusion determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0418 to read as follows:

Sec.  165.T09-0418  Safety Zone; Antique Boat Festival, Niagara River,
Grand Island, NY

    (a) Location. The safety zone will encompass all waters of the
Niagara River, Grand Island, NY starting at position 42[deg]59'59'' N,
078[deg]56'22'' W, East to 42[deg]59'54'' N, 078[deg]56'14'' W, South
to 42[deg]57'54'' N, 078[deg]56'04'' W, West to 42[deg]057'48'' N,
078[deg]56'22'' W. (NAD 83).
    (b) Effective and Enforcement Period. This regulation is effective
and will be enforced on September 7, 2013, from 9:30 a.m. until 4:30
p.m.
    (c) Regulations.
    (1) In accordance with the general regulations in section 165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port Buffalo or
his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.

    Dated: June 14, 2013.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2013-16053 Filed 7-2-13; 8:45 am]
BILLING CODE 9110-04-P