[Federal Register Volume 77, Number 152 (Tuesday, August 7, 2012)]
[Rules and Regulations]
[Pages 46937-46940]
[FR Doc No: 2012-18621]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0185; Directorate Identifier 2011-NM-001-AD;
Amendment 39-17143; AD 2012-15-14]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus Model A300 B4-103, B4-203, and B4-2C airplanes, and Model A300
B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-605R
Variant F airplanes (collectively called A300-600 series airplanes).
This AD was prompted by reports of cracking in the forward lug of the
main landing gear (MLG) rib 5 aft bearing attachment. This AD requires
repetitive inspections for cracking of the left-hand (LH) and right-
hand (RH) wing MLG rib 5 aft bearing forward lugs, and repair if
necessary. We are issuing this AD to detect and correct cracking of the
LH and RH wing MLG rib 5 aft bearing forward lugs, which could affect
the structural integrity of the MLG attachment, resulting in MLG
collapse during landing or rollout with consequent damage to the
airplane and injury to occupants.

DATES: This AD becomes effective September 11, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 11,
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on February 28, 2012
(77 FR 11793). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:

    During routine visual inspection, a crack has been found in the
wing MLG [main landing gear] rib 5 aft bearing forward lug on two
A310 in-service aeroplanes. Laboratory examination of cracked ribs
confirmed that the crack was due to the presence of pitting
corrosion in the forward lug hole. Also on both aeroplanes medium to
heavy corrosion was found in the forward lugs on the opposite wing
after removal of the bushes. Similarly to A310 aeroplanes, A300 and
A300-600 aeroplanes are concerned by this situation which, if not
detected, could affect the structural integrity of the MLG
attachment.
    The aim of the [EASA] Emergency Airworthiness Directive (EAD)
2006-0372-E [which corresponds to FAA AD 2007-03-18, Amendment 39-
14929 (72 FR 5919, February 8, 2007)] was to mandate, for A300 and
A300-600 aeroplanes, repetitive detailed visual inspections (DVI) of
wing MLG rib 5 aft bearing forward lugs for detection of through
cracks.
    Since then, in order to ensure the detection of any crack in the
forward lug of the RH [right-hand] and LH [left-hand] MLG rib 5 aft
bearing attachment at an early stage, Airbus has developed a new
inspection by means of ultrasonic method. Due to the early crack
detection possibility, this new means of inspection also enables
extension of the inspection interval.
    For technical reasons, this new means of inspection is only
applicable to A300B4, C4,

and F4 and A300-600 aeroplane series (not to A300B2 aeroplane
series).
    For these reasons, this new [EASA] AD * * * adds new inspection
program requirements [a revised detailed inspection, optional
ultrasonic inspections, and repair if necessary].

As an option, a modification, which includes installing bushings with
an increased interference fit in the aft bearing forward lugs,
terminates the repetitive inspections. You may obtain further
information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Request To Refer to Revised Service Bulletin

    UPS requested that we revise the NPRM (77 FR 11793, February 28,
2012) to refer to Airbus Mandatory Service Bulletin A300-57-6106,
Revision 03, dated January 26, 2012. UPS pointed out that this revised
service bulletin provides a new repair drawing that supersedes a
previous repair drawing.
    We agree. We have changed paragraphs (j) and (o) of this AD to
refer to Airbus Mandatory Service Bulletin A300-57-6106, Revision 03,
dated January 26, 2012. We have also added paragraph (m)(5) to this AD
to give credit for actions done before the effective date of this AD
using Airbus Service Bulletin A300-57-6106, Revision 02, dated June 18,
2010.

Request To Change Paragraph Reference for Terminating Action

    UPS stated that paragraph (k) of the NPRM (77 FR 11793, February
28, 2012) provides terminating action to AD 2007-03-18, Amendment 39-
14929 (72 FR 5919, February 8, 2007), by doing the inspections called
out in paragraph (g) of the NPRM. UPS stated that the reference for the
terminating action for the repetitive inspections of this NPRM and for
AD 2007-03-18 should be paragraph (j) of the NPRM.
    We agree that paragraph (k) of this AD should refer to paragraph
(j), not paragraph (g), of this AD for the terminating modification.
Paragraph (k) of this AD has been changed to refer to paragraph (j) of
this AD.

Request To Specify Terminating Action for Related AD

    UPS requested that we refer to Airbus Mandatory Service Bulletin
A300-57-6106, Revision 03, dated January 26, 2012, which clarifies that
the terminating action for the repetitive inspections includes
replacing the bushings. UPS also requested that the same reference be
included in a related NPRM (Docket No. FAA-2011-1225, Directorate
Identifier 2010-NM-269-AD).
    We agree that the terminating action should include replacing the
bushings, which is clarified in Airbus Mandatory Service Bulletin A300-
57-6106, Revision 03, dated January 26, 2012. As stated previously, we
have changed paragraph (j) of this AD to refer to Airbus Mandatory
Service Bulletin A300-57-6106, Revision 03, dated January 26, 2012. No
further change to this AD is necessary.
    Directorate Identifier 2010-NM-269-AD, has been issued as AD 2012-
08-03, Amendment 39-17019 (77 FR 24367, April 24, 2012), and refers to
Airbus Mandatory Service Bulletin A300-57-6106, Revision 03, dated
January 26, 2012, for the terminating action.

Other Change Made To This AD

    We have revised paragraph (m) of this AD to refer to paragraph (j)
of this AD instead of paragraph (g) of this AD.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously and minor editorial
changes. We have determined that these changes:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 11793, February 28, 2012) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 11793, February 28, 2012).

Costs of Compliance

    We estimate that this AD will affect 165 products of U.S. registry.
We also estimate that it will take about 3 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $42,075, or $255 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 52 work-hours and require parts costing $4,590, for a cost
of $9,010 per product. We have no way of determining the number of
products that may need these actions.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM (77 FR 11793, February 28,
2012), the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2012-15-14 Airbus: Amendment 39-17143. Docket No. FAA-2012-0185;
Directorate Identifier 2011-NM-001-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September
11, 2012.

(b) Affected ADs

    This AD affects AD 2007-03-18, Amendment 39-14929 (72 FR 5919,
February 8, 2007).

(c) Applicability

    This AD applies to Airbus Model A300 B4-2C, B4-103, and B4-203
airplanes; Model B4-601, B4-603, B4-620, B4-622, B4-605R, B4-622R,
F4-605R, and F4-622R airplanes; and Model A300 C4-605R Variant F
airplanes; certificated in any category; all serial numbers except
for airplanes identified in paragraphs (c)(1), (c)(2), and (c)(3) of
this AD.
    (1) Airplanes on which LH (left-hand) and RH (right-hand) wing
main landing gear (MLG) rib 5 forward lugs have oversized
interference fit bushings installed per Airbus Repair Instruction
R57240221.
    (2) Model A300 B4-103, B4-203, and B4-2C airplanes on which
Airbus Mandatory Service Bulletin A300-57-0249 has been done in
service on the LH and RH wing.
    (3) Model A300-600 series airplanes on which Airbus Mandatory
Service Bulletin A300-57-6106 has been done in service on the LH and
RH wing.

(d) Subject

    Air Transport Association (ATA) of America Code 57: Wings.

(e) Reason

    This AD was prompted by reports of cracking in the forward lug
of the MLG rib 5 aft bearing attachment. We are issuing this AD to
detect and correct cracking of the LH and RH wing MLG rib 5 aft
bearing forward lugs, which could affect the structural integrity of
the MLG attachment, resulting in MLG collapse during landing or
rollout with consequent damage to the airplane and injury to
occupants.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Inspections

    Except as provided by paragraph (h) of this AD, before the
accumulation of 12,000 total flight cycles since new, or within
12,000 flight cycles since the most recent MLG rib 5 replacement, if
applicable, or within 10 days after the effective date of this AD,
whichever occurs latest: Do a detailed inspection or an ultrasonic
inspection for cracking of the LH and RH MLG rib 5 aft bearing
forward lugs, in accordance with the Accomplishment Instructions of
Airbus Mandatory Service Bulletin A300-57-0251, including Appendix
01, dated August 8, 2007 (for Model A300 B4-103, B4-203, and B4-2C
airplanes); or Airbus Mandatory Service Bulletin A300-57-6107,
including Appendix 01, dated August 8, 2007 (for Model A300-600
series airplanes). Repeat the applicable inspections thereafter at
the applicable interval specified in paragraph (g)(1) or (g)(2) of
this AD, until the modification specified in paragraph (j) of this
AD is accomplished.
    (1) Repeat the detailed inspections at intervals not to exceed
100 flight cycles.
    (2) Repeat the ultrasonic inspections at intervals not to exceed
675 flight cycles.

(h) Exception

    For airplanes on which an inspection required by AD 2007-03-18,
Amendment 39-14929 (72 FR 5919, February 8, 2007), has been done as
of the effective date of this AD: Within 100 flight cycles after
doing the most recent inspection required by AD 2007-03-18, or
within 10 days after the effective date of this AD, whichever occurs
later, do a detailed or ultrasonic inspection as specified in
paragraph (g) of this AD. Repeat the applicable inspection
thereafter at the times specified in paragraph (g) of this AD.

(i) Repair

    If any cracking is detected during any detailed or ultrasonic
inspection of the LH and RH MLG rib 5 aft bearing forward lugs
required by paragraph (g) of this AD, before further flight, repair
using a method approved by either the Manager, International Branch,
ANM-116, Transport Airplane Directorate, FAA; or the European
Aviation Safety Agency (EASA) (or its delegated agent).

(j) Optional Terminating Modification

    Performing the applicable actions specified in paragraphs
(j)(1), (j)(2), (j)(3) and (j)(4) of this AD, in accordance with the
Accomplishment Instructions of Airbus Mandatory Service Bulletin
A300-57-0249, Revision 02, dated June 18, 2010 (for Model A300 B4-
103, B4-203, and B4-2C airplanes); or Airbus Mandatory Service
Bulletin A300-57-6106, Revision 03, dated January 26, 2012 (for
Model A300-600 series airplanes); terminates the repetitive
inspections required by this AD.
    (1) Perform a general visual inspection and dye penetrant flaw
detection inspection for corrosion and damage of the bore and
spotfaces of the lug.
    (2) Determine that the diameter of the bore of the lug
(dimension Y) is within the tolerance specified in the
Accomplishment Instructions of Airbus Mandatory Service Bulletin
A300-57-0249, Revision 02, dated June 18, 2010 (for Model A300 B4-
103, B4-203, and B4-2C airplanes); or Airbus Mandatory Service
Bulletin A300-57-6106, Revision 03, dated January 26, 2012 (for
Model A300-600 series airplanes).
    (3) If damage or corrosion is detected during any inspection
specified in paragraph (j)(1) of this AD, or if dimension Y is
outside the tolerance specified in the Accomplishment Instructions
of Airbus Mandatory Service Bulletin A300-57-0249, Revision 02,
dated June 18, 2010 (for Model A300 B4-103, B4-203, and B4-2C
airplanes); or Airbus Mandatory Service Bulletin A300-57-6106,
Revision 03, dated January 26, 2012 (for Model A300-600 series
airplanes); repair using a method approved by either the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or the EASA (or its delegated agent).
    (4) Install bushings with an increased interference fit in the
aft bearing forward lugs, in accordance with the Accomplishment
Instructions of Airbus Mandatory Service Bulletin A300-57-0249,
Revision 02, dated June 18, 2010 (for Model A300 B4-103, B4-203, and
B4-2C airplanes); or Airbus Mandatory Service Bulletin A300-57-6106,
Revision 03, dated January 26, 2012 (for Model A300-600 series
airplanes).

(k) Terminating Action for AD 2007-03-18, Amendment 39-14929 (72 FR
5919, February 8, 2007)

    Doing the actions required by paragraph (j) of this AD
terminates the requirements of AD 2007-03-18, Amendment 39-14929 (72
FR 5919, February 8, 2007), for that airplane.

(l) Reporting

    Submit a report (including both positive and negative findings),
using the applicable report sheet attached to Airbus Mandatory
Service Bulletin A300-57-0251, including Appendix 01, dated August
8, 2007 (for Model A300 B4-103, B4-203, and B4-2C airplanes); or
Airbus Mandatory Service Bulletin A300-57-6107, including Appendix
01, August 8, 2007 (for Model A300-600 series airplanes); of the
first inspection required by paragraph (g) of this AD. Submit the
report to Airbus, Customer Services Directorate, 1 Rond Point
Maurice Bellonte, 31707 Blagnac Cedex France, Attn: SEDCC1 Technical
Data and Documentation Services; fax: (+33) 5 61 93 28 06; email:
<EMAIL_ADDRESS>at the applicable time specified in
paragraph (l)(1) or (l)(2) of this AD.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.

(m) Credit for Previous Actions

    This paragraph provides credit for the actions specified by
paragraph (j) of this AD, if those actions were performed before the
effective date of this AD using the applicable service bulletins
specified in paragraphs (m)(1), (m)(2), (m)(3), (m)(4), and (m)(5)
of this AD.

    (1) Airbus Service Bulletin A300-57-0249, dated May 22, 2007
(for Model A300 B4-2C, B4-103, and B4-203 airplanes).
    (2) Airbus Service Bulletin A300-57-0249, Revision 01, dated
December 19, 2007 (for Model A300 B4-2C, B4-103, and B4-203
airplanes).
    (3) Airbus Service Bulletin A300-57-6106, dated May 22, 2007
(Model A300 B4-601, B4-603, B4-605R, B4-620, B4-622, B4-622R, F4-
605R, F4-622R, and C4-605R Variant F airplanes).
    (4) Airbus Service Bulletin A300-57-6106, Revision 01, dated
January 28, 2008 (Model A300 B4-601, B4-603, B4-605R, B4-620, B4-
622, B4-622R, F4-605R, F4-622R, and C4-605R Variant F airplanes).
    (5) Airbus Service Bulletin A300-57-6106, Revision 02, dated
June 18, 2010 (Model A300 B4-601, B4-603, B4-605R, B4-620, B4-622,
B4-622R, F4-605R, F4-622R, and C4-605R Variant F airplanes).

(n) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to Attn: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(o) Related Information

    Refer to MCAI EASA Airworthiness Directive 2010-0250, dated
November 29, 2010, and the service information specified in
paragraphs (o)(1), (o)(2), (o)(3), and (o)(4) of this AD, for
related information.
    (1) Airbus Mandatory Service Bulletin A300-57-0249, Revision 02,
dated June 18, 2010.
    (2) Airbus Mandatory Service Bulletin A300-57-0251, including
Appendix 01, dated August 8, 2007.
    (3) Airbus Mandatory Service Bulletin A300-57-6106, Revision 03,
dated January 26, 2012.
    (4) Airbus Mandatory Service Bulletin A300-57-6107, including
Appendix 01, August 8, 2007.

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the following service
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Mandatory Service Bulletin A300-57-0249, Revision 02,
dated June 18, 2010.
    (ii) Airbus Mandatory Service Bulletin A300-57-0251, including
Appendix 01, dated August 8, 2007.
    (iii) Airbus Mandatory Service Bulletin A300-57-6106, Revision
03, dated January 26, 2012.
    (iv) Airbus Mandatory Service Bulletin A300-57-6107, including
Appendix 01, August 8, 2007.
    (3) For service information identified in this AD, contact
Airbus SAS-EAW (Airworthiness Office), 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on July 23, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-18621 Filed 8-6-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Notices]
[Page 87111]
[FR Doc No: 2016-28925]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79361A; File No. SR-FINRA-2016-043]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Provide a Process for an Expedited Proceeding
and Adopt a Rule To Prohibit Disruptive Quoting and Trading Activity

November 21, 2016.

Correction

    In FR Document No. 2016-28458 beginning on page 85650 for Monday,
November 28, 2016 the 34 Release number was incorrectly stated. The
correct number is 34-79361.

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-28925 Filed 12-1-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 13 (Wednesday, January 21, 2015)]
[Notices]
[Pages 2925-2926]
[FR Doc No: 2015-00804]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL00-95-281]

San Diego Gas & Electric Company v. Sellers of Energy and
Ancillary Services Into Markets Operated by the California Independent
System Operator Corporation and the California Power Exchange; Notice
of Compliance Filing

    Take notice that on January 9, 2015, MPS Merchant Services, Inc.
submitted a compliance filing pursuant to the Commission's Opinion No.
536.\1\
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    \1\ San Diego Gas & Elec. Co. v. Sellers of Energy and Ancillary
Services Into Markets Operated by the California Independent System
Operator and the California Power Exchange., 149 FERC ] 61,116
(2014) (Opinion No. 536).
---------------------------------------------------------------------------

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for electronic review in the
Commission's Public Reference Room in Washington,

DC. There is an ``eSubscription'' link on the Web site that enables
subscribers to receive email notification when a document is added to a
subscribed docket(s). For assistance with any FERC Online service,
please email<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll
free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on January 30, 2015.

    Dated: January 12, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-00804 Filed 1-20-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 58 (Monday, March 26, 2018)]
[Notices]
[Pages 12955-12956]
[FR Doc No: 2018-06040]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-1044]

Antimicrobial Drugs Advisory Committee; Notice of Meeting;
Establishment of a Public Docket; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; establishment of a public docket; request for comments.

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SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Antimicrobial Drugs Advisory
Committee. The general function of the committee is to provide advice
and recommendations to FDA on regulatory issues. The meeting will be
open to the public. FDA is establishing a docket for public comment on
this document.

DATES: The meeting will be held on May 2, 2018, from 8:30 a.m. to 4
p.m.

ADDRESSES: DoubleTree by Hilton Hotel Bethesda--Washington, DC, Grand
Ballroom, 8120 Wisconsin Ave., Bethesda, MD 20814-3624. The hotel and
conference center's telephone number is<PHONE_NUMBER>. Answers to
commonly asked questions about FDA Advisory Committee meetings,
including information regarding special accommodations due to a
disability, visitor parking, and transportation, may be accessed at:
https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm. Information about the DoubleTree by Hilton Hotel
Bethesda--Washington, DC Hotel and Conference Center can be accessed
at: http://doubletree3.hilton.com/en/hotels/maryland/doubletree-by-hilton-hotel-bethesda-washington-dc-WASBHDT/index.html.
    FDA is establishing a docket for public comment on this meeting.
The docket number is FDA-2018-N-1044. The docket will close on April
30, 2018. Submit either electronic or written comments on this public
meeting by April 30, 2018. Please note that late, untimely filed
comments will not be considered. Electronic comments must be submitted
on or before April 30, 2018. The https://www.regulations.gov electronic
filing system will accept comments until midnight Eastern Time at the
end of April 30, 2018. Comments received by mail/hand delivery/courier
(for written/paper submissions) will be considered timely if they are
postmarked or the delivery service acceptance receipt is on or before
that date.
    Comments received on or before April 17, 2018, will be provided to
the committee. Comments received after that date will be taken into
consideration by FDA.
    You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2018-N-1044 for ``Antimicrobial Drugs Advisory Committee; Notice of
Meeting; Establishment of a Public Docket; Request for Comments.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' FDA will review
this copy, including the claimed confidential information, in its
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information to be made publicly available, you can provide
this information on the cover sheet and not in the body of your
comments and you must identify this information as ``confidential.''
Any information marked as ``confidential'' will not be disclosed except
in accordance with 21 CFR 10.20 and other applicable disclosure law.
For more information about FDA's posting of comments to public dockets,
see 80 FR 56469, September 18, 2015, or access the information at:
https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Cindy Chee, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, Fax:
301-847-8533, email: [email protected], or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area). A notice in the Federal Register about last minute modifications
that impact a previously announced advisory committee meeting cannot
always be published quickly enough to provide timely notice. Therefore,
you should always check the

FDA's website at https://www.fda.gov/AdvisoryCommittees/default.htm and
scroll down to the appropriate advisory committee meeting link, or call
the advisory committee information line to learn about possible
modifications before coming to the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: The committee will discuss new drug application (NDA)
210303 for plazomicin, sponsored by Achaogen, Inc., for the proposed
indications for the treatment of complicated urinary tract infections
and blood stream infections in adults.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's website after the meeting. Background material is
available at https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
April 17, 2018. Oral presentations from the public will be scheduled
between approximately 1:30 p.m. and 2:30 p.m. Those individuals
interested in making formal oral presentations should notify the
contact person and submit a brief statement of the general nature of
the evidence or arguments they wish to present, the names and addresses
of proposed participants, and an indication of the approximate time
requested to make their presentation on or before April 9, 2018. Time
allotted for each presentation may be limited. If the number of
registrants requesting to speak is greater than can be reasonably
accommodated during the scheduled open public hearing session, FDA may
conduct a lottery to determine the speakers for the scheduled open
public hearing session. The contact person will notify interested
persons regarding their request to speak by April 10, 2018.
    Persons attending FDA's advisory committee meetings are advised
that FDA is not responsible for providing access to electrical outlets.
    For press inquiries, please contact the Office of Media Affairs at
[email protected] or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require special accommodations due to a
disability, please contact Cindy Chee (see FOR FURTHER INFORMATION
CONTACT) at least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: March 20, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-06040 Filed 3-23-18; 8:45 am]
 BILLING CODE 4164-01-P


AMITRAZ: WOE Comparison Of Human And Animal Studies For Single Chemical Assessment John John Liccione Liccione, Ph. D.

, Ph. D.

U. S. EPA U. S. EPA Office of Pesticide Programs Office of Pesticide Programs April 5, 2006 April 5, 2006 2 Amitraz Amitraz Uses Uses

Insecticide/ acaricide

Registered food/ feed uses in U. S.

Tick control   dogs

Mite and lice control

Reregistration Eligibility Decision  1996 3 Human Intentional Dosing Studies Human Intentional Dosing Studies  Single Oral Dose  Acute Dermal Dose  Oral Metabolism 4 Animal Toxicity Studies Animal Toxicity Studies

Acute Oral  Mouse, cat, rat, GP, rabbit,

dog, baboon

Repeat Oral  Subchronic  Chronic dog, rat, mouse

21 Day Dermal  Rat

Repeat Inhalation  Rat

Metabolism  Rat, mouse, baboon

Developmental  Rat, rabbit

Reproduction  Rat 5 Amitraz Amitraz: Noncancer Noncancer Effects Effects

Animals  Clinical signs ° Excitable, nervous &

aggressive behavior ( rats)

° CNS depression and decreased body temperature ( dogs)

° Dogs are most sensitive  Other   Liver, kidney, body weight loss ( at higher dose levels)

Humans  Clinical signs ° Dry mouth ° Slight pale appearance ° Drowsiness, light headedness, disorientation,

Slurred speech ° Decreased body temperature ° Bradycardia 6 Human Study Details Human Study Details A total of six male volunteers completed the study. Each individual received all doses as noted above. The phases were separated by a two week period. 4 2 0 0.125 mg/ kg 0 2 4 0.0625 mg/ kg 2 2 2 Placebo Phase 3 Phase 2 Phase 1 Treatment Single Oral Dose   MRID 43283101 7 Human Study Details Human Study Details  Single Oral Dose ° Double Blind ° Encapsulated in lactose ° Frequent monitoring: pulse, respiration rate, blood pressure, temperature, ECGs,

psychomotor performance. Physical exams included ° Test material characterized ( statistics included) 8 Human Study Details Human Study Details

Effects in the Single Oral Dose Study ° No treatment related effects ° NOAEL = 0.125 mg/ kg

Strengths ° Double blind ° Adequate monitoring for potential neurotoxicity

Weaknesses ° Only males studied; Limited number of subjects ° No observed effects 9 24 P 16 8 8 24 16 P 8 7 P 24 16 8 6 24 16 8 P 5 P 24 16 8 4 24 P 16 8 3 24 16 P 8 2 24 16 8 Placebo ( P)

1 Phase IV Phase III Phase II Phase I Dermal Dose of Amitraz ( mg/ kg)

Individual Acute Dermal Human Study 10 Human Study Details Human Study Details  Acute Dermal Study ° Double blind, sequential dosing ° 0, 8, 16 or 24 mg/ kg applied as 4 equal doses of 0, 2, 4 or 6 mg/ g in aqueous 1: 1 slurry every 2.5 hrs over 10 hrs according to random schedule ° Vital signs, ECG, psychomotor measurements hematology, clinical chemistry, urinalysis monitored ° Test material characterized; statistics 11 Human Study Details Human Study Details

Effects in the Dermal Study ° No effects observed ° NOAEL = 24 mg/ kg

Strengths ° Double blind ° Adequate monitoring for potential Neurotoxicity

Weaknesses ° Limited number of subjects ° Only males studied ° No observed effects 12 Human Study Details Human Study Details * Number of animals varied by dose group and experiment ( 2 different experiments were run in mice and rats). Also, the separate mouse experiment that was pre treated is not reported here. 2M 0.25 Human 1M, 1F 10 Baboon 0 4M, 1 4F 1, 10, 100 Mouse ( naïve only)* 2 3M, 1 3F 1, 10, 100 Rat Number/ Gender Dose of Labeled Amitraz ( mg/ kg)

Species* Comparative Metabolism Study 13 Human Study Details Human Study Details  Metabolism Study ° Two healthy human subjects received single dose ( 0.25 mg/ kg) of 14C amitraz (> 95% purity ) by capsule ° No control group ° No statistical analysis 14 Human Study Details Human Study Details

Effects in Metabolism Study ° First subject: dry mouth, drowsiness, disorientation,

slight paleness ( 90 min after Dx). Fell asleep 10 min.

later but easily awakened and lucid. After 220 min.,

asleep but easily awakened. Nausea and recurrent and vivid dreams ° Second subject: dry mouth, light headedness, slurred speech ( 160 min. after Dx). Decreased pulse rate and blood pressure ° Bradycardia for both subjects persisted for approx. 12 hrs after dosing 15 Human Study Details Human Study Details

Strength of Metabolism Study ° Consistent effects in both subjects ° Effects consistent with animal observations

Weakness of Metabolism Study ° Only 2 male subjects ° No control group ° Potential confounders not discussed 16 Neurotoxicity Neurotoxicity  Conclusion Conclusion

Animal studies ° Strong evidence ° Most sensitive endpoint ° Not cumulative

Human data ° Clear signs of neurotoxicity ° Consistent with animal observations ° Most sensitive species 17 Amitraz Amitraz Risk Assessment And Use Of Risk Assessment And Use Of Human Studies Human Studies

Humans ( most sensitive species)

° Single dose oral study: NOAEL = 0.125 mg/ kg ° Metabolism study: LOAEL = 0.25 mg/ kg

Non cancer Values ° Acute RfD: NOAEL of 0.125 mg/ kg; UF = 100 ( 10 for intraspecies variation; 10 for datagaps)

° Short term oral and inhalation: same as acute RfD 18

Chronic RfD and Long term Inhalation ° Neurotoxicity not cumulative ° Same value as acute RfD

Dermal ( all durations)

° Dermal study NOAEL of 24 mg/ kg/ day ° UF of 100 ( 10 for intrapecies variation and 10 for datagaps)

Amitraz Amitraz Risk Assessment And Use Of Risk Assessment And Use Of Human Studies Human Studies 19 Amitraz Amitraz Charge To The HSRB Charge To The HSRB

Comment on the scientific evidence that supports the conclusion to use the human studies for identifying a point of departure for acute and chronic dietary risks, short term oral exposure, and inhalation and dermal exposures of various durations.


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on March 18, 2005

   NOTICE OF ACTION TAKEN -- DOCKETS OST-2001-9302

________________________________________________________________________
_________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of ATA Airlines, Inc. (ATA) filed 1/31/05 for:

XX Waiver of advance filing requirement under Part 377

XX Renewal of exemption under 49 U.S.C. 40109 to provide the following
service:

Scheduled foreign air transportation of persons, property, and mail
between Chicago, Illinois, and Grand Cayman, Cayman Islands.

Applicant rep: Marshall S. Sinick<PHONE_NUMBER> DOT Analyst:  Thuy H.
Cooper<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted Waiver Request (Part 377)

XX  Granted Exemption Renewal

The above action was effective when taken: March 18, 2005, through March
18, 2007.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and the United Kingdom.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

XX  Holder’s certificate of public convenience and necessity

		XX  Standard Exemption Conditions (attached)

________________________________________________________________________
_________________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the exemption authority was consistent with the
public interest; and (3) grant of the authority would not constitute a
major regulatory action under the Energy Policy and Conservation Act of
1975.  To the extent not granted, we denied all requests in the
referenced Dockets.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004

   ATA provides seasonal service in the Chicago-Grand Cayman market.

 PAGE

 PAGE   2


[Federal Register Volume 77, Number 120 (Thursday, June 21, 2012)]
[Rules and Regulations]
[Pages 37328-37330]
[FR Doc No: 2012-14949]

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

40 CFR Part 52

[EPA-R05-OAR-2012-0214; FRL-9689-6]

Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Central Indiana (Indianapolis) Ozone Maintenance Plan Revision
to Approved Motor Vehicle Emissions Budgets

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving Indiana's request to revise its Central
Indiana 1997 8-hour ozone maintenance air quality State Implementation
Plan (SIP) by replacing the previously approved motor vehicle emissions
budgets (budgets) with budgets developed using EPA's Motor Vehicle
Emissions Simulator (MOVES) emissions model. The Central Indiana 1997
8-hour ozone maintenance area consists of Marion, Boone, Hendricks,
Morgan, Johnson, Shelby, Hancock, Madison, and Hamilton Counties in
Indiana.

DATES: This final rule is effective on July 23, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2012-0214. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. We recommend that you telephone Patricia Morris,
Environmental Scientist at<PHONE_NUMBER> before visiting the Region 5
office.

FOR FURTHER INFORMATION CONTACT: Patricia Morris, Environmental
Scientist, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What is the background for this action?
II. What public comments were received?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    On March 2, 2012, Indiana submitted for parallel processing
replacement budgets based on MOVES2010a for the Central Indiana area.
On April 5, 2012, EPA proposed approval in the Federal Register of the
Indiana SIP submittal (77 FR 20577). The primary background for today's
action is contained in EPA's April 5, 2012, proposal. The SIP revision
replaces MOBILE6.2 based approved budgets in the 1997 8-hour ozone
maintenance plan for Central Indiana with MOVES2010a based budgets.
    Indiana submitted the final SIP revision request on April 16, 2012.
The April 16, 2012, submittal letter with the state public comment
documentation completed the requirements for the SIP submittal.
    The MOVES model is EPA's state-of-the-art tool for estimating
highway emissions. The model is based on analyses of millions of
emission test results and considerable advances in EPA understanding of
vehicle emissions. MOVES incorporates the latest emissions data, more
sophisticated calculation algorithms, increased user flexibility, new
software design, and significant new capabilities relative to those
reflected in MOBILE6.2.
    States that revise their existing SIPs to include MOVES budgets
must show that the SIP continues to meet applicable

requirements with the new level of motor vehicle emissions contained in
the budgets. The transportation conformity rule (40 CFR
93.118(e)(4)(iv)) requires that ``the motor vehicle emissions
budgets(s), when considered together with all other emissions sources,
is consistent with applicable requirements for reasonable further
progress, attainment, or maintenance (whichever is relevant to the
given implementation plan submission).''
    EPA has determined, based on its evaluation, that the area's
maintenance plan continues to serve its intended purpose with the
MOVES2010a-based budgets and that the budgets themselves meet the
adequacy criteria in the conformity rule at 40 CFR 93.118(e)(4). The
basis for this conclusion is contained in the proposed approval (77 FR
20577) and is also based on the final submittal and completion of the
public comment period. The final submittal letter and public comment
documentation completed the items needed for adequacy.
    The Central Indiana area has three Metropolitan Planning
Organizations (MPOs) in the maintenance area (Indianapolis, Anderson
and a portion of the Columbus, Indiana MPO). These three MPOs are
required by the conformity rule to conduct conformity determinations
together because they are all part of the same maintenance area with
one set of ozone budgets for that area (there are not separate budgets
for each MPO). The budgets are being updated, not only to accommodate
the use of MOVES2010a, but also because of the updated planning
assumptions for mobile sources. The April 16, 2012, submittal letter
with the public comment documentation completed the requirements for
the SIP submittal.
    Once EPA approves the submitted budgets, they must be used by
local, state and Federal agencies in determining whether transportation
activities conform to the SIP as required by section 176(c) of the
Clean Air Act (CAA).

II. What public comments were received?

    The State public comment period was from March 1, 2012, until March
30, 2012. A public hearing was offered but was not requested. No public
comments were received by Indiana during the comment period.
    The Federal Register proposing approval was published on April 5,
2012, and the public comment period closed on May 7, 2012.
    No comments were received during the public comment period.

III. What action is EPA taking?

    EPA is approving new MOVES2010a-based budgets for the Central
Indiana 1997 ozone maintenance area because the submitted budgets will
continue to keep emissions below the attainment level and maintain air
quality. On the effective date of this rulemaking, the submitted
MOVES2010a budgets will replace the existing, MOBILE6.2-based budgets
in the state's 1997 8-hour ozone maintenance plan and will be used in
future transportation conformity analyses for the area. The previously
approved MOBILE6.2 budgets will no longer be applicable for
transportation conformity purposes.

   Motor Vehicle Emission Budgets for 8-Hour Ozone for Central Indiana
------------------------------------------------------------------------
                         Year                             2006     2020
------------------------------------------------------------------------
NOX tons/day..........................................   210.93    69.00
VOC tons/day..........................................    64.32    25.47
------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the CAA and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 20, 2012. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations,

Nitrogen dioxides, Ozone, Volatile organic compounds.

    Dated: June 11, 2012.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart P--Indiana

0
2. Section 52.777(jj) is amended by redesignating the existing
paragraph as paragraph (jj)(1) and by adding new paragraph (jj)(2) to
read as follows:

Sec.  52.777  Control Strategy: photochemical oxidants (hydrocarbons).

* * * * *
    (jj) * * *
    (2) Approval--On April 16, 2012, Indiana submitted a request to
revise the approved MOBILE6.2 motor vehicle emission budgets (budgets)
in the 1997 8-hour ozone maintenance plan for the Central Indiana area.
The budgets are being revised with budgets developed with the
MOVES2010a model. The 2006 budgets for Central Indiana are 64.32 tons
per day volatile organic compounds (VOCs) and 210.93 tons per day
nitrogen oxides (NOX) and 2020 budgets are 25.47 tons per
day VOCs and 69.00 tons per day of NOX.
* * * * *
[FR Doc. 2012-14949 Filed 6-20-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 28, 2008 (Volume 73, Number 103)]
[Rules and Regulations]
[Page 30481-30483]
[DOCID:fr28my08-8]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0395]
RIN 1625-AA00

Safety Zone: Edenton 4th of July Celebration Firework Display,
Edenton Bay, Edenton, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will implement a safety zone during the
Edenton 4th of July Celebration Firework Display, a fireworks display
to be held over the waters of the Edenton Bay, Edenton, North Carolina,
Vessel traffic in portions on the Edenton Bay adjacent to Edenton,
North Carolina, will be restricted during the fireworks display.

DATES: This rule is effective July 4, 2008, from 8:30 p.m. to 9:30 p.m.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0395 and are available online
at www.regulations.gov. They are also available for inspection or
copying at two locations: The 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, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and at Commander
Sector North Carolina, 2301 East Fort Macon Road, Atlantic Beach, North
Carolina 28512, between 8 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call C.D. Humphrey, Marine Event Coordinator,<PHONE_NUMBER>. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM would be
impracticable and contrary to public interest because immediate action
is needed to minimize potential danger to the public during the event.
The necessary information to determine whether the marine event poses a
threat to persons and vessels was not provided to the Coast Guard in
sufficient time to publish an NPRM. The potential dangers posed by the
pyrotechnic fireworks display make a safety zone necessary to provide
for the safety of spectator craft and other vessels transiting the
event area. The Coast Guard will issue a broadcast notice to mariners
to advise mariners of the restriction and on have on-scene Coast Guard
and local law enforcement vessels.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be contrary to the public interest, because immediate action is needed
to ensure the safety of the event participants, spectator craft and
other vessels transiting the event area. Advance notifications will be
made to users of Edenton Bay, via marine information broadcasts, local
notice to mariners, commercial radio stations and area newspapers.

Background and Purpose

    On July 4, 2008, Chowan Edenton Optimist Club will sponsor the
``4th of July Celebration Firework Display'', on the waters of the
Edenton Bay. The event will consist of a fireworks display launched
from the eastern shore of Edenton Bay. Due to the need for vessel
control during the event, vessel traffic will be temporarily restricted
to provide for the safety of participants, spectators and transiting
vessels.

Discussion of Rule

    The Coast Guard is establishing a safety zone on specified waters
of the Edenton Bay, Edenton, North Carolina. The regulated area
includes all waters within a 300 yard radius of position
36[deg]03[min]04[sec] N, 076[deg]36[min]18[sec] W or approximately 150
yards east of the entrance to Queen Anne Creek, Edenton, North
Carolina. The safety zone will be in effect from 8:30 p.m. to 9:30 p.m.
on July 4, 2008. The effect will be to restrict general navigation in
the regulated area during the fireworks display. Except for persons or
vessels authorized by the Coast Guard Patrol Commander, no person or
vessel may enter or remain in the regulated area during the enforcement
period. The Patrol Commander will notify the public of specific
enforcement times by Marine Radio Safety Broadcast. These regulations
are needed to control vessel traffic during the event to enhance the
safety of participants, spectators and transiting vessels.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Although this
proposed regulation would prevent traffic from transiting a portion of
the Edenton Bay adjacent to Edenton, North Carolina, during the event,
the effects of this regulation would not be significant due to the
limited duration that the regulated area would be in effect. Extensive
advance notifications would be made to the maritime community via Local
Notice to Mariners, marine information broadcast, and area newspapers,
so mariners can adjust their plans accordingly. Vessel traffic would be
able to transit the regulated area when the Coast Guard Patrol
Commander deems it is safe to do so.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 rule will
not have a significant economic impact on a substantial number of small
entities.
    The owners or operators of vessels intending to transit this
section of the Edenton Bay will be impacted during the event.
    This purposed rule would not have a significant economic impact on
a substantial number of small entities for the following reasons. This
rule will be enforced for only a short period, from 8:30 p.m. to 9:30
p.m. on July 4, 2008. The regulated area will apply to a segment of the
Edenton Bay adjacent to the Edenton waterfront. Marine traffic may be
allowed to pass through the regulated area with the permission of the
Coast Guard Patrol Commander. In the case where the Patrol Commander
authorizes passage through the regulated area during the event, vessels
will be required to proceed at the minimum speed necessary to maintain
a safe course that minimizes wake near the firework launch site. Before
the enforcement period, we would issue maritime advisories so mariners
can adjust their plans accordingly.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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 rule would economically affect it.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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 rule would economically affect it.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

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

Civil Justice Reform

    This 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.

Protection of Children

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. A final ``Environmental Analysis Check
List'' and a final ``Categorical Exclusion Determination'' are
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard proposes to
amend 33 CFR part 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. 1226, 1231; 46 U.S.C. Chapter 701; 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 temporary Sec.  165.T05-0395 to read as follows:

Sec.  165.T05-0395  Edenton Bay, Edenton, North Carolina.

    (a) Safety Zone. The safety zone includes all waters within a 300
yard radius of position 36[deg]03[min]04[sec] North,
076[deg]36[min]18[sec] West, approximately one and fifty hundred yards
east of the entrance to Queen Anne Creek, Edenton, North Carolina. All
coordinates reference Datum NAD 1983.
    (b) Definitions. (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the Coast Guard who has been
designated by the Commander, Coast Guard Sector North Carolina.
    (2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector North Carolina with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant includes all vessels participating in the ``4th of
July Celebration'' under the auspices of the Marine Event Permit issued
to the event sponsor and approved by Commander, Coast Guard Sector
North Carolina.
    (c) Safety Zone. (1) Except for event participants and persons or
vessels authorized by the Coast Guard Patrol Commander, no person or
vessel may enter or remaining the safety zone.
    (2) The Operator of any vessel in the safety zone must:
    (i) Stop the vessel immediately when directed to do so by any
Official Patrol and then proceed only as directed.
    (ii) Comply with the instructions of the Official Patrol.
    (iii) (if authorized to proceed) Proceed at the minimum speed
necessary to maintain a safe course that minimizes wake near the event
site.
    (d) Enforcement period. This section will be enforced from 8:30
p.m. to 9:30 p.m. on July 4, 2008.

    Dated: May 16, 2008.
June E. Ryan,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. E8-11867 Filed 5-27-08; 8:45 am]

BILLING CODE 4910-15-P


 1

WORKING DRAFT 3  COAL COMBUSTION ASH PRODUCTS BENEFICIAL USES INDUSTRIAL STANDARDS ENVIRONMENTAL AND PRACTICAL BENEFITS REGULATORY SAFETY NET ON SITE CONSTRUCTION APPLICATIONS CCA is used to replace cement, sand and aggregate in various grout/

concrete projects on site including:

 Equipment pads  Foundations  Grouted rock rip rap spillways  Bricks  Asphaltic concrete By reference, Transportation Department Quality Control Standards as well as ASTM Standards CCA exhibits pozzalanic properties which make it an effective substitute for cement in certain concrete and grout applications., with the following environmental benefits:

 Conservation of energy & materials. The process of cement uses significant energy and raw materials and substituting CCA helps conserve these resources.

 Reduced CO2 Emissions. Every ton of CCA substituted for cement avoid 1 ton in CO2 emissions which would have been generated in the production of the cement. State & Federal Requirements:

 Surface Water ( NPDES)

 Clean Air Act  Superfund SOIL STABILIZATION CCAs are used for soil stabilization to reduce the shrink and swell factors as water either evaporates from the soil or infiltrates into the soil. By reference, Transportation Department Quality Control Standards as well as ASTM Standards One example of soil stabilization is to mix CCA with soils underlying a road in lieu of lime and concrete. By doing so, the plasticity index is reduced,

maintenance requirements are decreased and the life of the road is extended.

The effective substitution of CCA for lime and cement component of concrete provides environmental benefits, as follows:

Conservation of energy & materials. The process of cement uses significant energy and raw materials and substituting CCA helps conserve these resources.

Reduced CO2 Emissions. Every ton of CCA substituted for cement avoid 1 ton in CO2 emissions which would have been generated in the production of the cement. State& Federal Requirements:

 Surface Water ( NPDES)

 Clean Air Act  Superfund WORKING DRAFT 3  COAL COMBUSTION ASH PRODUCTS BENEFICIAL USES INDUSTRIAL STANDARDS ENVIRONMENTAL AND PRACTICAL BENEFITS REGULATORY SAFETY NET  2

SOIL AMENDMENT /

ACID MINE DRAINAGE CCAs are used as agricultural soil amendments at a mine site for a variety of purposes including:

 providing a soil cover to prevent water infiltration into mined areas,

 controlling acid mine drainage, and  as additives to soil to prevent potential acid mine drainage by effectively adjusting the pH balance. See Also, Draft ASTM Standard for CCA Used as Soil Amendment and U. S. Department of Agriculture,

Natural Resources Conservation Service Soil Survey Documents The CCAs are a substitute for agricultural lime, which would typically be relied upon from off site sources. The effective substitution of CCA for lime and cement component of concrete provides environmental benefits, as follows:

 Conservation of energy & materials. The process of cement uses significant energy and raw materials and substituting CCA helps conserve these resources.

 Reduced CO2 Emissions. Every ton of CCA substituted for cement avoid 1 ton in CO2 emissions which would have been generated in the production of the cement.

In addition to the environmental benefits realized from not relying upon off site agricultural lime to accomplish the same purpose, the use of CCAs as a soil amendment to neutralize acidic soils has been a critical component to Acid Main Drainage projects in the Eastern U. S. and effectively prevents future acid mine problems through its use in the reclamation process at sites in the Western U. S. State & Federal Requirements:

 Surface Water ( NPDES)

 Clean Air Act  Superfund WORKING DRAFT 3  COAL COMBUSTION ASH PRODUCTS BENEFICIAL USES INDUSTRIAL STANDARDS ENVIRONMENTAL AND PRACTICAL BENEFITS REGULATORY SAFETY NET  3

STRUCTURAL FILL /

COMPACTION ( To fix underground subsidence)

CCAs are used for construction fill material, including:

 structural fills as a substitute for aggregate / soil  injection into underground mines,

where coal or lignite has been removed, in order to minimize the occurrence of subsidence Engineering Standards By reference, Transportation Department Quality Control Standards as well as ASTM Standards See Also, Draft ASTM Standard for CCA Applications at Mine Sites. CCA materials replace soils, aggregate and cement materials routinely used as construction fill material ( for structural support) and the cement or grout materials which would be injected into underground mines to prevent subsidence. In the absence of CCA materials, these materials would be excavated ( either on or off site), processed to meet the engineering specifications and hauled to the mining site.

The effective substitution of CCA in place of soils, aggregate and cement provides several environmental benefits, as follows:

 Land / Habitat Conservation. Less land would be disturbed to excavate /

extract the clay and aggregate. As a result more ecologically valuable habitat remains undisturbed.

 Reduced VOC and PM Emissions. The use of CCA, ( which is usually available from the power plant on site or close to the mine site), will reduce the distance required to haul the clays, limestone rocks and aggregate materials from off site and will eliminate the additional excavation ( and therein the use of heavy equipment) of these materials from on site, reducing the emissions associated with these activities.

Also for some operations, the same trucks are used not only to haul coal or lignite to the power plant, but also for the reverse trip to haul CCA from the power plant to the mine area. Diesel truck emissions are reduced by this efficient use of vehicles.

 Reduced Noise & Improved Safety. The reduction in driving distances for the diesel haul trucks and the reduced operations of heavy equipment also reduces the noise / potential safety issues associated with blasting, extracting, crushing, sizing, and hauling new clays and rocks for use in roads.

 Conservation of energy & materials. The process of cement uses significant energy and raw materials and substituting CCA helps conserve these resources.

 Reduced CO2 Emissions. Every ton of CCA substituted for cement avoid 1 ton in CO2 emissions which would have been generated in the production of the cement. State & Federal Requirements:

 Groundwater ( SMCRA)

 Surface Water ( NPDES) ( SMCRA)

 Air ( CAA)

 Waste ( RCRA)

 Clean up ( CERLCLA) WORKING DRAFT 3  COAL COMBUSTION ASH PRODUCTS BENEFICIAL USES INDUSTRIAL STANDARDS ENVIRONMENTAL AND PRACTICAL BENEFITS REGULATORY SAFETY NET  4

RAMP ADVANCEMENT ( Surfacing and Fill)

CCAs are used for the construction of ramps in the active pit areas which would otherwise require the use of virgin dirt or spoil material. 30 United States Code Sections 1201 1309b)

( Surface Mining Control & Reclamation Act [ SMCRA]) Implemented by Detailed Regulations and Engineering /

Design Review and Approval Implemented at State Level and Inspected by Office of Surface Mining ( OSM)

and State Agencies See Also, Draft ASTM Standard for CCA Applications at Mine Sites Using CCAs for ramp construction provides increased operational flexibility as well as minimizing the need to disturb additional ground at the end of the project.

In addition, surfacing the ramps with CCAs provides the necessary traction to efficiently access the pits during inclement weather conditions, i. e., slippery,

wet, and/ or frozen. The CCAs also provide a good surface for equipment required to operate on roads located on the pit floor ( effective as structural fill). The effective substitution of CCA in place of soils provides several environmental benefits, as follows:

 Land / Habitat Conservation. Less land would be disturbed to excavate / extract the soils. As a result more ecologically valuable habitat remains undisturbed.

 Reduced VOC and PM Emissions. The use of CCA, ( which is usually available from the power plant on site or close to the mine site), will reduce the distance required to haul the soils from off site and will eliminate the additional excavation ( and therein the use of heavy equipment) of these materials from on site, reducing the emissions associated with these activities. Also for some operations, the same trucks are used not only to haul coal or lignite to the power plant, but also for the reverse trip to haul CCA from the power plant to the mine area.

Diesel truck emissions are reduced by such efficient use of vehicles.

 Reduced Noise & Improved Safety. The reduction in driving distances for the diesel haul trucks and the reduced operations of heavy equipment also reduces the noise / potential safety issues associated with the excavation and transportation of the soils. State & Federal Requirements:

 Groundwater ( SMCRA)

 Surface Water ( NPDES) ( SMCRA)

 Air ( CAA)

 Waste ( RCRA)

 Clean up ( CERLCLA) WORKING DRAFT 3  COAL COMBUSTION ASH PRODUCTS BENEFICIAL USES INDUSTRIAL STANDARDS ENVIRONMENTAL AND PRACTICAL BENEFITS REGULATORY SAFETY NET  5

ACHIEVING APPROXIMATE ORIGINAL CONTOUR ( AOC)

 Pits  Final Pits, and  Abandoned Mine Land ( AML) Projects)

CCAs are used in reclamation of pits,

final pits and AML projects. It is used selectively in areas where there are low volumes of available spoil material and in order to minimize additional land disturbance ( extraction of rock and / or soils for the purposed of refilling pit areas.) 30 United States Code Sections 1201 1309b ( Surface Mining Control & Reclamation Act [ SMCRA]) Implemented by Detailed Regulations and Engineering /

Design Review and Approval Implemented at State Level and Inspected by Office of Surface Mining ( OSM)

and State Agencies See Also, Draft ASTM Standard for CCA Applications at Mine Sites The use of CCA in place of soils / overburden spoils provides several environmental benefits, as follows:

 Land / Habitat Conservation. Less land would be disturbed to excavate /

extract the soils. As a result more ecologically valuable habitat remains undisturbed.

 Reduced VOC and PM Emissions. The use of CCA, ( which is usually available from the power plant on site or close to the mine site), will reduce the distance required to haul the soils from off site and will eliminate the additional excavation ( and therein the use of heavy equipment) of these materials from on site, reducing the emissions associated with these activities. Also for some operations, the same trucks are used not only to haul coal or lignite to the power plant, but also for the reverse trip to haul CCA from the power plant to the mine area. Diesel truck emissions are reduced by such efficient use of vehicles.

 Reduced Noise & Improved Safety. The reduction in driving distances for the diesel haul trucks and the reduced operations of heavy equipment also reduces the noise / potential safety issues associated with the excavation and transportation of the soils.

In addition, the use of CCAs to assist in achieving AOC provides a critical additional volume of material that enhances AOC activities in several ways:

1) Provides alternative source of fill when there are shortages of overburden ( spoil) available for reclamation purposes in the immediate vicinity of the pit being reclaimed.

2) Allows operators to lessen steeper slopes in areas where low volumes of available spoil material typically result in steeper post mine slopes and create slope diversity and enhances post mine contours while maintaining compliance with the regulatory permitting requirements. [ Typically in active mine areas,

CCAs are placed in pits at depth below the approved topsoil and subsoil depth increments.]

3) Because of 1) and 2) above, may reduce landowner concerns at the time of reclamation performance bond release by improving the attractiveness of land features created during the reclamation process. State & Federal Requirements:

 Groundwater ( SMCRA)

 Surface Water ( NPDES) ( SMCRA)

 Air ( CAA)

 Waste ( RCRA)

 Clean up ( CERCLA)