[Federal Register Volume 83, Number 134 (Thursday, July 12, 2018)]
[Rules and Regulations]
[Pages 32213-32214]
[FR Doc No: 2018-15023]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2014-0741; FRL-9980-84-OAR]

National Emission Standards for Hazardous Air Pollutants for
Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and
Stand-Alone Semichemical Pulp Mills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of final action denying petition for
reconsideration.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is providing
notice that it has responded to a petition for reconsideration of the
final National Emission Standards for Hazardous Air Pollutants (NESHAP)
for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and
Stand-Alone Semichemical Pulp Mills published in the Federal Register
on October 11, 2017. The Acting Administrator denied the petition in a
separate letter to the petitioners. The letter, which provides a full
explanation of the agency's rationale for the denial, is in the
rulemaking docket.

DATES: July 12, 2018.

FOR FURTHER INFORMATION CONTACT: Dr. Kelley Spence, Sector Policies and
Programs Division (E143-03), Office of Air Quality Planning and
Standards, Environmental Protection Agency, Research Triangle Park,
North Carolina 27711; telephone number:<PHONE_NUMBER>; fax number:
(919) 541-0516; email address: [email protected].

SUPPLEMENTARY INFORMATION:

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

    This Federal Register document, the petition for reconsideration,
and the letter denying the petition for reconsideration are available
in the docket the EPA established under Docket ID No. EPA-HQ-OAR-2014-
0741. All documents in the docket are listed on the www.regulations.gov
website. Although listed, some information is not publicly available,
e.g., confidential business information 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 EPA Docket Center (EPA/DC),
Room 3334, EPA WJC West Building, 1301 Constitution Ave. NW,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER> and the telephone
number for the Air Docket is<PHONE_NUMBER>.

II. Judicial Review

    Section 307(b)(1) of the Clean Air Act (CAA) indicates which
Federal Courts of Appeals have venue for petitions for review of final
EPA actions. This section provides, in part, that the petitions for
review must be filed in the United States Court of Appeals for the
District of Columbia Circuit if: (1) The agency action consists of
``nationally applicable regulations promulgated, or final action taken,
by the Administrator,'' or (2) such actions are locally or regionally
applicable, if ``such action is based on a determination of nationwide
scope or effect and if in taking such action the Administrator finds
and publishes that such action is based on such a determination.''
    The EPA has determined that its action denying the petition for
reconsideration is nationally applicable for purposes of CAA section
307(b)(1) because the action directly affects the NESHAP for Chemical
Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone
Semichemical Pulp Mills, which are nationally applicable CAA section
112 standards. Any petitions for review of the letter denying the
petition for reconsideration must be filed in the United States Court
of Appeals for the District of Columbia Circuit by September 10, 2018.

III. Description of Action

    On October 11, 2017, pursuant to sections 112(d)(6) and (f)(2) of
the CAA, the EPA published the final residual risk and technology
review (RTR) of the ``National Emission Standards for Hazardous Air
Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda,
Sulfite, and Stand-Alone Semichemical Pulp Mills.'' 82 FR 47328.
Following publication of the final RTR amendments, the Administrator
received a petition for reconsideration of two aspects of the final RTR
pursuant to CAA section 307(d)(7)(B). The petitioners, Earthjustice on
behalf of Crossett Concerned Citizens for Environmental Justice,
Louisiana Environmental Action Network, PT AirWatchers, and Sierra
Club, claimed: (1) It was impracticable to object to the EPA's
rationale for not setting additional standards for uncontrolled
emissions when the EPA was conducting the review required by CAA
section 112(d)(6), and their objections on this issue are of central
relevance to the outcome of the rule; and (2) it was impracticable to
object during the comment period to the EPA's use of census block
centroids to account for the residual risk to the most exposed
individual, and their objections on this issue are of central relevance
to the outcome of the rule.
    CAA section 307(d)(7)(B) requires the EPA to convene a proceeding
for reconsideration of a rule if a party raising an objection to the
rule ``can demonstrate to the Administrator that it was impracticable
to raise such objection within [the public comment period] or if the
grounds for such objection arose after the period for public comment
(but within the time specified for judicial review) and if such
objection is of central relevance to the outcome of the rule.'' The
requirement to convene a proceeding to reconsider a rule is, thus,
based on the petitioner demonstrating to the EPA both: (1) That it was
impracticable to raise the objection during the comment period, or that
the grounds for such objection arose after the comment period, but
within the time specified for judicial review (i.e., within 60 days
after publication of the final rulemaking in the Federal Register, see
CAA section 307(b)(1)); and (2) that the objection is of central
relevance to the outcome of the rule.
    The EPA carefully reviewed the petition for reconsideration and
evaluated the issues raised to determine if they meet the CAA section
307(d)(7)(B) criteria for reconsideration. In a separate letter to the
petitioners, the EPA Acting Administrator, Andrew R. Wheeler, denied
the petition for reconsideration. The letter is available in the docket
for this action.

    Dated: July 9, 2018.
Andrew R. Wheeler,
Acting Administrator.
[FR Doc. 2018-15023 Filed 7-11-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: March 22, 2010 (Volume 75, Number 54)]
[Notices]
[Page 13639-13641]
[DOCID:fr22mr10-129]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61704; File No. SR-NYSEArca-2010-11]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE Arca, Inc. Amending Rule
9.1(f)

March 15, 2010.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on March 1, 2010, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and
II, below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to modify its sharing in accounts rule to
harmonize its requirements with the Financial Industry Regulatory
Authority (``FINRA''). A copy of this filing is available on the
Exchange's Web site at http://www.nyse.com, at the Exchange's principal
office and at the Commission's Public Reference Room. The text of the
proposed rule change is below. Proposed new language is in italics and
proposed deletions are in [brackets].
Rules of NYSE Arca Equities, Inc.
* * * * *
    Rule 9.1(f). [Sharing Profits--Losses] Sharing in Accounts; Extent
Permissible
    [No registered employee shall directly or indirectly take or
receive a share in the profits of any customer's account or share in
any losses sustained in any such account.]
    (1)(A) Except as provided in paragraph (2) no member or person
associated with a member shall share directly or indirectly in the
profits or

losses in any account of a customer carried by the member or any other
member; provided, however, that a member or person associated with a
member may share in the profits or losses in such an account if
    (i) such person associated with a member obtains prior written
authorization from the member employing the associated person;
    (ii) such member or person associated with a member obtains prior
written authorization from the customer; and
    (iii) such member or person associated with a member shares in the
profits or losses in any account of such customer only in direct
proportion to the financial contributions made to such account by
either the member or person associated with a member.
    (B) Exempt from the direct proportionate share limitation of
paragraph (1)(A)(iii) are accounts of the immediate family of such
member or person associated with a member. For purposes of this Rule,
the term ``immediate family'' shall include parents, mother-in-law or
father-in-law, husband or wife, children or any relative to whose
support the member or person associated with a member otherwise
contributes directly or indirectly.
    (2) Notwithstanding the prohibition of paragraph (1), a member or
person associated with a member that is acting as an investment adviser
(whether or not registered as such) may receive compensation based on a
share in profits or gains in an account if
    (A) such person associated with a member seeking such compensation
obtains prior written authorization from the member employing the
associated person;
    (B) such member or person associated with a member seeking such
compensation obtains prior written authorization from the customer; and
    (C) all of the conditions in Rule 205-3 of the Investment Advisers
Act of 1940 (as the same may be amended from time to time) are
satisfied.
* * * * *

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

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

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

1. Purpose
    In order to harmonize its sharing in accounts rule with FINRA
rules, the Exchange proposes to delete NYSE Arca Rule 9.1(f), Sharing
Profits--Losses, in its entirety, and replace it with the language of
FINRA 2150(c), Sharing in Accounts; Extent Permissible. FINRA Rule
2150(c) contains the same general prohibition as NYSE Arca Rule 9.1(f),
but with additional limited exceptions. The Exchange proposes to add
those limited exceptions in order to bring its rule in line with the
FINRA rule.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) \4\ of the Act, in general, and furthers the
objectives of Section 6(b)(5),\5\ in particular, in that it is designed
to facilitate transactions in securities, to promote just and equitable
principles of trade, to enhance competition, and to protect investors
and the public interest. Specifically, the changes proposed herein, by
harmonizing NYSE Arca rules with FINRA rules, provide NYSE Arca Members
with a clearer regulatory scheme. The Exchange further notes that the
changes proposed herein are neither novel nor controversial and are
modeled on existing FINRA rules.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \6\ and Rule 19b-4(f)(6) thereunder.\7\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6)(iii) thereunder.\9\
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    \6\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \7\ 17 CFR 240.19b-4(f)(6).
    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied the pre-filing requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \10\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\11\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
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    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Exchange requests that the Commission waive the 30-day pre-
operative waiting period contained in Exchange Act Rule 19b-
4(f)(6)(iii).\12\ The Exchange requests this waiver so that these
changes can be both immediately effective and operative, thus
minimizing any confusion. As noted above, the changes proposed herein,
by harmonizing NYSE Arca rules with FINRA rules, provide NYSE Arca
Members with a clearer regulatory scheme. The Commission notes that the
FINRA financial responsibility rules are currently in operation. The
Commission believes that waiving the 30-day operative delay will permit
the Exchange to harmonize its rules with the corresponding FINRA rule
immediately, thus promoting clarity and minimizing confusion with
respect to the requirements regarding guarantees and sharing in
accounts.\13\ For this reason, the Commission designates the proposed
rule change as operative upon filing. At any time within 60 days of the
filing of the proposed rule change, the Commission may summarily
abrogate such rule change if it appears to the

Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.
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    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the 30-day operative delay of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2010-11 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2010-11. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of
NYSEArca. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEArca-2010-11 and should be submitted on or before April 12, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-6149 Filed 3-19-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Page 48392]
[FR Doc No: 2015-19833]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: QSA Customer
Feedback Report

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on May 29, 2015. The information is collected from holders of
FAA production approvals and selected suppliers to obtain their input
on how well the agency is performing the administration and conduct of
the Aircraft Certification Systems Quality System Audit (QSA), formerly
the Aircraft Certification Systems Evaluation Program (ACSEP).

DATES: Written comments should be submitted by September 11, 2015.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Ronda Thompson at<PHONE_NUMBER>, or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0605.
    Title: QSA Customer Feedback Report.
    Form Numbers: FAA Form 8100-7.
    Type of Review: Renewal of an information collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on May 29, 2015 (80 FR 30756). The information collected
is used by the Aircraft Certification Service's Manufacturing
Inspection Offices, Aircraft Certification Offices, and the Production
& Airworthiness Certification Division to improve the administration
and conduct of the Aircraft Certification Systems Evaluation Program at
the local and national levels. Improvements to FAA Order 8100.7,
Aircraft Certification Systems Evaluation Program, will continue to be
incorporated as a result of the on-going collection of data.
    Respondents: Approximately 200 holders of FAA production approvals
and selected suppliers.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 30 minutes.
    Estimated Total Annual Burden: 100 hours.
    Public comments invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC on August 4, 2015.
Ronda Thompson,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, ASP-110.
[FR Doc. 2015-19833 Filed 8-11-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: December 29, 2009 (Volume 74, Number 248)]
[Notices]
[Page 68845-68846]
[DOCID:fr29de09-90]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-D-0591]

Guidance to Pharmacies on Advance Compounding of Tamiflu Oral
Suspension to Provide for Multiple Prescriptions; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a guidance for industry entitled ``Guidance to
Pharmacies on Advance Compounding of Tamiflu Oral Suspension to Provide
for Multiple Prescriptions.'' This guidance describes the circumstances
in which FDA will not object to certain compounding of Tamiflu Oral
Suspension in advance of receiving prescriptions.

DATES: Submit electronic or written comments on agency guidances at any
time.

ADDRESSES: Submit written requests for single copies of this guidance
to the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, rm. 2201, Silver Spring, MD 20993-0002. Send one self-addressed
adhesive label to assist that office in processing your

requests. Submit electronic comments on the guidance to http://
www.regulations.gov. Submit written comments on the guidance to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852. See the SUPPLEMENTARY
INFORMATION section for electronic access to the guidance document.

FOR FURTHER INFORMATION CONTACT:  Samia Nasr, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, rm. 5370, Silver Spring, MD 20993-0002, 301-
796-3409.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry
entitled ``Guidance to Pharmacies on Advance Compounding of Tamiflu
Oral Suspension to Provide for Multiple Prescriptions.'' The increasing
prevalence of H1N1 infection and resultant increase in demand for
Tamiflu for Oral Suspension has caused supply difficulties and spot
shortages of the commercially manufactured Tamiflu for Oral Suspension
product (12 milligrams (mg)/milliliter (mL)) throughout the country.
Because of these shortages, compounding of Tamiflu Oral Suspension (15
mg/mL), as described in the FDA-approved labeling, can ensure that
patients who have difficulty swallowing tablets have access to Tamiflu
Oral Suspension when the commercially manufactured Tamiflu for Oral
Suspension is unavailable.
    This guidance describes the conditions in which FDA will not object
to certain compounding of Tamiflu Oral Suspension (using Tamiflu
capsules) in advance of receiving prescriptions. In circumstances where
there is an actual shortage of commercially manufactured Tamiflu for
Oral Suspension, FDA will not object if pharmacies compound oral
suspension from Tamiflu capsules in advance of receiving prescriptions,
if the amount compounded is commensurate with the number of valid
prescriptions that the pharmacy can reasonably anticipate receiving
within the next 24 hours.
    In addition, the guidance provides detailed, step-by-step
information for the preparation of pharmacy-compounded Tamiflu Oral
Suspension (final concentration 15 mg/ml) from Tamiflu capsules in
quantities that are based on patient weight. Information on proper
storage and a dosing chart for pharmacy-compounded Tamiflu Oral
Suspension are also provided.
    This guidance is being issued as a Level 1 guidance consistent with
FDA's good guidance practices regulation (21 CFR 10.115). It is being
implemented immediately without prior public comment because of the
shortage of the commercially manufactured Tamiflu for Oral Suspension
and the potential hazard to the public health. However, the agency
welcomes comments on the guidance and, if comments are submitted, the
agency will review them and revise the guidance if appropriate. The
guidance represents the agency's current thinking on this topic. It
does not create or confer any rights for or on any person and does not
operate to bind FDA or the public. An alternative approach may be used
if such approach satisfies the requirements of the applicable statutes
and regulations.

II. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) electronic or written comments regarding this document.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.

III. Electronic Access

    Persons with access to the Internet may obtain the document at
http://www.fda.gov/Drugs/DrugSafety/InformationbyDrugClass/
ucm188629.htm.

    Dated: December 23, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9-30750 Filed 12-28-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Proposed Rules]
[Pages 30008-30011]
[FR Doc No: 2015-12553]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0123]
RIN 1625-AA00

Safety Zone; The Southside Outside, Allegheny River, Mile Marker,
0-0.25, Monongahela River, Mile Marker, 0-3.09

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone extending 200 feet from the left bank Allegheny River Mile 0.0 to
0.25 and extending 200 feet from the right bank Monongahela River Mile
0.0 to 3.09 from 8:00 a.m. to 11:00 a.m. September 5, 2015. A safety
zone will also be established extending 300 feet from the left bank
Monongahela River Mile 2.32 to 3.09 from 11:00 a.m. to 4:00 p.m.
September 5, 2015. This safety zone is needed to protect persons and
vessels from the potential safety hazards associated with a paddle
board marine event. Entry into this zone will be prohibited to all
vessels, mariners, and persons unless specifically authorized by the
Captain of the Port (COTP), Pittsburgh or a designated representative.

DATES: Comments and related material must be received by the Coast
Guard on or before June 10, 2015.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh
Waterways Management Division, U.S. Coast Guard; telephone (412)221-
0807, email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Cheryl F. Collins,
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
SAR Search and Rescue

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, 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 you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it 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-2015-0123] 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-2015-0123) 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. Regulatory History and Information

    The Coast Guard has a long history working with local, state, and
federal agencies in areas to improve emergency response, to prepare for
events that call for swift action, and to protect our nation. The Coast
Guard is proposing to establish this safety zone on the waters of the
Allegheny and Monongahela Rivers in Pittsburgh, Pennsylvania for the
Southside Outside Paddleboard Marine Event. The marine event is
scheduled to take place from 8:00 a.m. to 4:00 p.m. on September 5,
2015. This proposed rule is necessary to protect the safety of the
participants, spectators, commercial traffic, and the general public on
the navigable waters of the United States during the event.

C. Basis and Purpose

    The legal basis and authorities for this proposed rule are found in
33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1; 6.04-1, 6.04-6, and
160.5; Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones. The purpose of this proposed safety
zone is to protect public boaters and their vessels from potential
safety hazards associated with the Paddleboard marine event on the
Allegheny and Monongahela Rivers, Pittsburgh, Pennsylvania.

D. Discussion of Proposed Rule

    This proposed rule is necessary to establish a Safety Zone that
will encompass certain waters of the Allegheny and Monongahela Rivers
in Pittsburgh, Pennsylvania. The proposed Safety Zone regulations would
be enforced from approximately 8:00 a.m. to 4:00 p.m. for approximately
8 hours on September 5, 2015. As proposed, the Safety Zone would extend
200 feet from the left bank of the Allegheny River Mile 0.0 to 0.25 and
extend 200 feet from the right bank of the Monongahela River Mile 0.0
to 3.09 from 8:00 a.m. to 11:00 a.m. September 5, 2015. A safety zone
is also proposed to extend 300 feet from the left bank of the
Monongahela River Mile 2.32 to 3.09 from 11:00 a.m. to 4:00 p.m.
September 5, 2015. All persons and vessels, except those persons and
vessels participating in the paddleboard marine event and those vessels
enforcing the areas, would be prohibited from entering, transiting
through, anchoring in, or remaining within the proposed safety zone
areas.
    Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the enforcement areas by
contacting the Captain of the Port Pittsburgh by telephone at (412)
221-0807, or a designated representative via VHF radio on channel 16.
If authorization to enter, transit through, anchor in, or remain within
the enforcement areas is granted by the Captain of the Port Pittsburgh
or a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Pittsburgh or a designated representative.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of 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. The temporary safety
zone listed in this proposed rule will only restrict vessel traffic
from entering, transiting, or anchoring within a small portion of the
Allegheny and Monongahela Rivers. The effect of this proposed
regulation will not be significant for several reasons: (1) this rule
will not affect vessel traffic; (2) the impacts on routine navigation
are expected to be minimal because notifications to the marine
community will be made through local notice to mariners (LNM) and
broadcast notice to mariners (BNM). Therefore, these notifications will
allow the public to plan operations around the proposed safety zone and
its enforcement times.

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 will not have a significant economic impact on a
substantial number of small entities.
    This proposed rule will affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to transit the Allegheny River from mile 0 to mile 0.25 and
Monongahela River mile 0 to mile 3.09 effective from 8:00 a.m. to 4:00
p.m. on September 5, 2015. This proposed safety zone will not have a
significant economic impact on a substantial number of small entities
because this proposed rule will not impede navigational traffic.
Traffic in this area is limited to almost entirely recreational vessels
and commercial towing vessels. Notifications to the marine community
will be made through BNMs and electronic mail. Notices of changes to
the proposed safety zone and scheduled effective times and enforcement
periods will also be made. Deviation from the proposed restrictions may
be requested from the COTP or designated representative and will be
considered on a case-by-case basis.
    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.

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. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. 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 expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. Technical Standards

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

14. 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 involves
establishing temporary safety zones. Safety Zone extending 200 feet
from the left bank Allegheny River Mile 0.0 to 0.25 and extending 200
feet from the right bank Monongahela River Mile 0.0 to 3.09 from 8:00
a.m. to 11:00 a.m. September 5, 2015. A safety zone will also be
established extending 300 feet from the left bank Monongahela River
Mile 2.32 to 3.09 from 11:00 a.m. to 4:00 p.m. September 5, 2015. This
rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. A preliminary
environmental analysis checklist supporting this determination and a
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

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. A new temporary Sec.  165.T08-0123 is added to read as follows:

Sec.  165.T08-0123  Safety Zone, The Southside Outside; Allegheny
River, Mile 0.0 to 0.25, Monongahela River, Mile 0-3.09.

    (a) Location. The following areas are temporary safety zones:
    (1) All waters extending 200 feet from the left bank of the
Allegheny River Mile 0.0 to 0.25 and extending 200 feet from the right
bank of the Monongahela River mile 0.0 to 3.09; and
    (2) All waters extending 300 feet from the left bank of the
Monongahela River mile 2.32 to 3.09.
    (b) Effective date and times. The safety zone listed in paragraph
(a)(1) of this section is effective from 8:00 a.m. to 11:00 a.m. on
September 5, 2015. The safety zone listed in paragraph (a)(2) of this
section is effective from 11:00 a.m. to 4:00 p.m. on September 5, 2015.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
authorized by the COTP Pittsburgh or a designated representative.
    (2) Spectator vessels may safely transit outside the safety zones
at a minimum safe speed, but may not anchor, block, loiter, or impede
participants or official patrol vessels.
    (3) Vessels requiring entry into or passage through the safety
zones must request permission from the COTP Pittsburgh or a designated
representative. They may be contacted by telephone at<PHONE_NUMBER>.
    (3) All vessels shall comply with the instructions of the COTP
Pittsburgh and

designated personnel. Designated personnel include commissioned,
warrant, and petty officers of the U.S. Coast Guard.
    (d) Information broadcasts. The COTP Pittsburgh or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the safety zone as well as any
changes in the planned schedule.

    Dated: April 27, 2015.
L.N. Weaver,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2015-12553 Filed 5-22-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Proposed Rules]
[Pages 10750-10753]
[FR Doc No: 2019-04906]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0834: FRL9990-73-Region 10]

Air Plan Approval; AK; Updates to Curtailment Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Alaska State Implementation Plan (SIP) that
were submitted by the Alaska Department of Environmental Conservation
(ADEC). These proposed revisions update and strengthen ADEC's
regulation of residential wood smoke emissions, especially the
curtailment program applying to the Fairbanks fine particulate matter
nonattainment area.

DATES: Written comments must be received on or before April 22, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2018-0834 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Justin Spenillo, EPA Region 10, 1200
6th Ave, Seattle WA 98101, at<PHONE_NUMBER>, or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA. This
supplementary information section is arranged as follows:

Table of Contents

I. Background
II. ADEC Revisions
    A. Solid Fuel-Fired Heating Device Visible Emission Standards
    B. Fairbanks Emergency Episode Plan
    C. Fairbanks North Star Borough Ordinance
III. EPA's Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On November 28, 2018, ADEC submitted revisions to specific air
quality regulations for approval into the federally-enforceable Alaska
SIP. The submission includes changes to Alaska Administrative Code
Title 18, Environmental Conservation, Chapter 50, Air Quality Control
(18 AAC 50), adopted December 8, 2017, and state-effective January 11,
2018. This action addresses a portion of the submitted revisions,
specifically those that update and strengthen wood smoke curtailment
regulations that apply in the Fairbanks fine particulate matter
(PM2.5) nonattainment area and that were previously approved
into the Alaska SIP by the EPA on September 8, 2017 (82 FR 42457).\1\
We are proposing to take action on submitted updates to solid fuel-
fired heating device visible emission standards at 18 AAC 50.075(e),
and revisions to the Fairbanks Emergency Episode Plan and associated
appendix, state-effective January 11, 2018.\2\ We intend to take action
on the remainder of the submission in a separate, future action.\3\
---------------------------------------------------------------------------

    \1\ See 40 CFR part 52, subpart C. See also 40 CFR 81.302.
    \2\ The Fairbanks Emergency Episode Plan is in Volume II:
Section III.D.5.11 and is codified as a matter of State law at 18
AAC 50.030(a). The associated appendix to the plan is in Volume III:
Appendix III.D.5.12 and includes the Fairbanks North Star Borough
Ordinance No. 2017-18 and No. 2017-44, codified as a matter of State
law at 18 AAC 50.030(a).
    \3\ The remainder of the submission addresses revisions to 18
AAC 50.030(b), 18 AAC 50.075(f), 18 AAC 50.077, 18 AAC 50.079, and
18 AAC 50.990.
---------------------------------------------------------------------------

II. ADEC Revisions

A. Solid Fuel-Fired Heating Device Visible Emission Standards

Submission
    The solid fuel-fired heating device visible emissions standards are
found in 18 AAC 50.075 and were last approved by the EPA on September
8, 2017 (82 FR 42457). The regulation at 18 AAC 50.075(e) allows ADEC
to prohibit the operation of solid fuel-fired heating devices in an
area for which ADEC has declared a PM2.5 air quality episode
under emergency episode provisions included in a local air quality plan
that has been incorporated into the State Air Quality Control Plan and
adopted by reference in 18 AAC 50.030. In this submission, ADEC revised
18 AAC 50.075(e) to remove a provision that restricted ADEC's authority
to prohibit the operation of a solid fuel-fired heating device to
periods when the ambient temperature is warmer than any threshold
identified in a local air quality plan.
EPA Analysis
    Removal of the temperature exemption for operation of a solid fuel-
fired heating device during an air quality episode makes this control
measure more stringent than the current federally-approved rules and is
therefore approvable.

B. Fairbanks Emergency Episode Plan

Submission
    The ADEC submitted multiple edits to the Fairbanks Emergency
Episode Plan, adopted by reference at 18 AAC 50.030. Specifically, in
Section 5.11.1, the ADEC revised the Air Quality Alert Model to change
its model outputs from 8-hour averages to 12-hour averages. In
addition, the ADEC added references in Section 5.11.2 to Fairbanks
North Star Borough Ordinances No. 2017-18 (March 9, 2017) and No. 2017-
44 (June 19, 2017).
    The ADEC also revised the Air Quality Episode Thresholds and
Exceptions to remove the Stage 3 alert and the associated temperature
exemption (see Table 5.11-1) and to identify the rules under a two-
stage curtailment program (see Table 5.11-2). Table 5.11-1 and Table
5.11-2 in the Fairbanks Emergency Episode Plan are replicated as Table
1 and Table 2, respectively, of this proposal. The revised Air Quality
Episode Thresholds and Exceptions include specific types of heating
appliances allowed under the two stages of the curtailment program and
identifies waiver and No Other Adequate Source of Heat (``NOASH'')
designations and the corresponding allowable uses of solid-fuel fired
devices under those designations.
    In particular, during a Stage 1 Alert where PM2.5
concentrations rise above 25 micrograms per cubic meter ([micro]g/
m\3\), Borough Listed Solid Fuel Burning Appliances with either an
approved Stage 1 Waiver and/or NOASH designation may be operated, while
use of wood stoves, coal stoves, wood-fired hydronic heaters, wood-
fired furnaces, coal-fired hydronic heaters, coal-fired furnaces,
fireplace inserts, pellet fuel burning appliances, masonry heaters,
cook stoves, fireplaces, waste oil burning appliances, non-permitted
outdoor incinerators/burn barrels are prohibited. In addition,
campfires, bonfires, ceremonial fires, fire pits are under voluntary
curtailment.
    During a Stage 2 Alert, where PM2.5 concentrations rise
above 35 [mu]g/m\3\, Borough Listed Solid Fuel Burning Appliances with
an NOASH designation may be operated, while use of devices with an
approved Stage 1 Waiver, wood stoves, coal stoves, wood-fired hydronic
heaters, wood-fired furnaces, coal-fired hydronic heaters, coal-fired
furnaces, fireplace inserts, pellet fuel burning appliances, masonry
heaters, cook stoves, fireplaces, waste oil burning appliances, non-
permitted outdoor incinerators/burn barrels are prohibited; and
campfires, bonfires, ceremonial fires, fire pits are prohibited. Please
refer to Table 1 and Table 2 below.

     Table 1--ADEC's Table 5.11-1 Air Quality Episode Thresholds and
                               Exceptions
------------------------------------------------------------------------
          Episode feature           Stage 1 air alert  Stage 2 air alert
------------------------------------------------------------------------
PM2.5 Threshold, micrograms per     25...............  35.
 cubic meter, ([mu]g/m\3\).
Exceptions During a Power Outage..  Yes..............  Yes.
------------------------------------------------------------------------

    Table 2--ADEC's Table 5.11-2 PM2.5 Air Quality Episode Appliance-
                   Specific or Waiver-Specific Actions
------------------------------------------------------------------------
  Appliance type or waiver type    Stage 1 air alert   Stage 2 air alert
------------------------------------------------------------------------
No other adequate source of heat  Operation           Operation
 (NOASH) designation, meets        Prohibited except   Prohibited except
 other requirements in 21.28.060.  Borough Listed      Borough Listed
                                   Solid Fuel          Solid Fuel
                                   Burning             Burning
                                   Appliances (SFBA).  Appliances
                                                       (SFBA).
Approved Stage 1 Waiver, meets    Operation           Operation
 other requirements in 21.28.060.  Prohibited except   Prohibited.
                                   Borough Listed
                                   Solid Fuel
                                   Burning
                                   Appliances (SFBA).

Wood Stoves.....................  Operation           Operation
                                   Prohibited.         Prohibited.
Coal Stoves.....................  Operation           Operation
                                   Prohibited.         Prohibited.
Wood-fired hydronic heaters.....  Operation           Operation
                                   Prohibited.         Prohibited.
Wood-fired Furnaces.............  Operation           Operation
                                   Prohibited.         Prohibited.
Coal-fired Hydronic Heaters.....  Operation           Operation
                                   Prohibited.         Prohibited.
Coal-fired Furnaces.............  Operation           Operation
                                   Prohibited.         Prohibited.
Fireplace Inserts...............  Operation           Operation
                                   Prohibited.         Prohibited.
Pellet Fuel Burning Appliances..  Operation           Operation
                                   Prohibited.         Prohibited.
Masonry Heaters.................  Operation           Operation
                                   Prohibited.         Prohibited.
Cook Stoves.....................  Operation           Operation
                                   Prohibited.         Prohibited.
Fireplaces......................  Operation           Operation
                                   Prohibited.         Prohibited.
Waste Oil Burning Appliances....  Operation           Operation
                                   Prohibited.         Prohibited.
Non-Permitted Outdoor             Operation           Operation
 Incinerators, Burn Barrels.       Prohibited.         Prohibited.
Campfires, Bonfires, Ceremonial   Voluntary           Operation
 Fires, Fire pits.                 Curtailment.        Prohibited.
Cook Stoves.....................  Operation           Operation
                                   Prohibited.         Prohibited.
------------------------------------------------------------------------

    This section also was amended to reference Fairbanks North Star
Borough Code 21.28.030 D that regulates particulate matter pollution
that crosses the property line provided that the particulate pollution
is visible using EPA Method 22 and is 25 [mu]g/m\3\ greater than
ambient air in the immediate vicinity. ADEC adopted the corresponding
Fairbanks North Star Borough ordinance by reference at 18 AAC 50.030.
In addition, the section on the voluntary burning curtailment program
was updated to reflect the history in the area and conversion from a
voluntary to a mandatory curtailment program in 2017.
    In Section 5.11.3, the ADEC revised the State Episode Program
section to allow for the local air quality plan to issue local air
alerts at lower PM2.5 concentration thresholds, and to state
that Alaska has aligned its rules with the local thresholds as
described in Section 5.11.2.
    The ADEC also made minor wording changes to the Emergency Episode
Plan. The draft and final versions of the Emergency Episode Plan
changes can be found in the docket for this action.
EPA Analysis
    ADEC's revisions to the Fairbanks Emergency Episode Plan at Volume
II: Section III.D.5.11 of the State Air Quality Control Plan improve
the State's ability to implement the solid fuel burning device
curtailment program via 18 AAC 50.075(e) and make the control measure
more stringent. Specifically, the revised two-stage program will
regulate more solid fuel burning devices and at lower PM2.5
concentrations than the prior three-stage program. Under the three-
stage program, there was a Stage 1 voluntary curtailment at 25
[micro]g/m\3\. In contrast, under Stage 1 of the revised program, all
devices are prohibited from burning except those that are Borough
Listed Solid Fuel Burning Appliances with either a Stage 1 Waiver and/
or a NOASH. Moreover, Stage 1 has changed from voluntary to mandatory
curtailment and applies to a larger subset of devices.
    Stage 2 has also become more stringent under the revised
curtailment program in that it prohibits all burning except for Borough
Listed Solid Fuel Burning Appliances with a NOASH. With the removal of
Stage 3, the State may now prohibit the use of solid fuel burning
devices at lower PM2.5 concentrations and may prohibit
burning regardless of the ambient temperature. The two-stage
curtailment program reduces solid fuel burning at lower concentrations,
is mandatory at all stages, and applies to more heating appliances.
These changes are intended to reduce emissions in the airshed and are
designed to attain the PM2.5 National Ambient Air Quality
Standard and further protect health in the community. If our proposed
approval is finalized, violations of any air quality episode called
pursuant to 18 AAC 50.075(e) at the levels and conditions specified in
Table 1 and Table 2, above, will be federally enforceable.
    Additionally, the provisions addressing the flow of pollution
across property lines provides for additional protection against plume
concentrations over 25 [mu]g/m\3\ from ambient concentrations.
Similarly, the submitted revisions to Section 5.11.3 strengthen ADEC's
ability to implement the curtailment program by allowing for it to rely
on stricter local air quality programs, if present.

C. Fairbanks North Star Borough Ordinance

Submission
    As part of the Alaska's November 28, 2018 submittal letter for
prioritized revisions, ADEC identified that it was submitting pages 68-
84 of ``Volume III: Appendix III.D.5.12: Appendix to Volume II.
Analysis of Problems, Control Actions; Section III. Area-wide Pollutant
Control Program; D. Particulate Matter; 5. Fairbanks North Star Borough
PM2.5 Control Plan.'' This refers to the June 19, 2017
Fairbanks North Star Borough Ordinance No. 2017-44, incorporated into
the Emergency Episode Plan adopted by reference into 18 AAC 50.030(a)
as part of the State Air Quality Control Plan and discussed in Section
II.B. It includes the change in the curtailment program from a three-
stage curtailment program to a two-stage curtailment program which has
been reflected identically in the Fairbanks Emergency Episode Plan and
will not be re-reviewed here.
    As adopted into state law, pages 68 through 84 of ``Volume III:
Appendix III.D.5.12: Appendix to Volume II. Analysis of Problems,
Control Actions; Section III. Area-wide Pollutant Control Program; D.
Particulate Matter; 5. Fairbanks North Star Borough PM2.5
Control Plan'' includes the June 19, 2017 FNSB Ordinance No. 2017-44.
EPA Analysis
    Generally, the State's adoption by reference of the revised
ordinance enhance and strengthen Alaska's State Air Quality Control
Plan, as discussed in Section II.B.

III. EPA's Proposed Action

    The EPA is proposing to approve and incorporate by reference the
following provision into the Alaska SIP at 40 CFR 52.70(c), EPA
Approved Regulations and Statutes:
     18 AAC 50.075(e) Solid Fuel-fired Heating Device Visible
Emission Standards, State effective January 12, 2018.
    The EPA is proposing to approve, but not incorporate by reference,
the following revised sections of the Alaska State Air Quality Control
Plan:
     Volume II, Section III.D.5.11 Fairbanks Emergency Episode
Plan, State effective January 12, 2018; and
     Pages 68 through 84 of Volume III, Appendix III.D.5.12:
Appendix to Volume II. Analysis of Problems, Control Actions; Section
III. Area-wide Pollutant Control Program; D. Particulate Matter; 5.
Fairbanks North Star Borough PM2.5 Control Plan, State
effective January 12, 2018.
    These proposed revisions to the SIP primarily apply to the
Fairbanks PM2.5 nonattainment area. As described above, the
EPA is proposing to approve the rules, Emergency Episode Plan,
reflecting the State-adopted Fairbanks North Star Borough Ordinances as
part of state rule in 18 AAC 50.030, as SIP strengthening. These
revisions support the state's ability to reduce and manage emissions in
the Fairbanks PM2.5 nonattainment area. This action does not
alter our prior approval of the plan as meeting Moderate area
requirements; and we are not making any findings with respect to the
serious plan requirements triggered upon reclassification (82 FR
21711).

IV. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the regulations described in section III.
Regulations to Approve and Incorporate by Reference into the SIP. The
EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 10 Office
(please contact the person identified in the ``For Further Information
Contact'' section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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 this action does not involve technical standards; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed action does not apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

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

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

    Dated: March 1, 2019.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2019-04906 Filed 3-21-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Notices]
[Pages 75119-75120]
[FR Doc No: 2015-30411]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0155]

Veterinary Feed Directive Common Format Questions and Answers;
Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft guidance for industry #233 entitled
``Veterinary Feed Directive Common Format Questions and Answers.'' On
June 3, 2015, FDA published a final rule that revised the Agency's
veterinary feed directive (VFD) regulations. During the rulemaking
process, FDA received a few comments requesting that we require a
uniform VFD form. Although we declined this request because we think
that requiring a specific VFD form would be too prescriptive, we
acknowledge that a common VFD format would help clients, veterinarians,
and distributors (including feed mills) quickly identify relevant
information on the VFD and are issuing this draft guidance to recommend
a common VFD format.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by February 1, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://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 http://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): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, 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-2010-N-0155 for ``Veterinary Feed Directive Common Format Questions
and Answers.'' Received comments will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at

http://www.regulations.gov or at the Division of Dockets Management
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.'' The Agency 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 http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. 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: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://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 Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of the draft guidance to
the Policy and Regulations Staff (HFV-6), Center for Veterinary
Medicine, Food and Drug Administration, 7519 Standish Pl., Rockville,
MD 20855. Send one self-addressed adhesive label to assist that office
in processing your requests. See the SUPPLEMENTARY INFORMATION section
for electronic access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Dragan Momcilovic, Center for
Veterinary Medicine (HFV-226), Food and Drug Administration, 7519
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
#233 entitled ``Veterinary Feed Directive Common Format Questions and
Answers.''
    In 1996, Congress enacted the Animal Drug Availability Act (ADAA)
to facilitate the approval and marketing of new animal drugs and
medicated feeds. In passing the ADAA, Congress created a new regulatory
category for certain animal drugs used in or on animal feed called VFD
drugs. VFD drugs are new animal drugs intended for use in or on animal
feed which are limited to use under the professional supervision of a
licensed veterinarian. FDA published final regulations at Sec.  558.6
(21 CFR 558.6) implementing the VFD-related provisions of the ADAA in
2000. On June 3, 2015 (80 FR 31707), FDA published a VFD final rule
that revised those VFD regulations and introduced clarifying changes to
specified definitions.
    During the latest rulemaking process, FDA received a few comments
requesting the Agency to require a uniform VFD format. We declined this
request because we thought that requiring a specific format would be
too prescriptive. However, we acknowledge that a common VFD format
would help clients, veterinarians, and distributors (including feed
mills) quickly identify relevant information on the VFD.
    We are issuing this draft guidance to recommend a common VFD
format. In the draft guidance, we use the term ``VFD'' to refer to the
form used to convey the VFD order. This draft guidance describes the
requirements in Sec.  514.1(b)(9) (21 CFR 514.1(b)(9)) for sponsor
submission of a VFD to FDA as part of the application process for
approval of a new animal drug for use in or on animal feed as a VFD
drug, as well as the required and optional information to be included
on the VFD. This draft guidance provides examples that illustrate how a
common VFD format might appear and how some of the information on the
VFD may be prepopulated by a sponsor.

II. Significance of Guidance

    This level 1 draft guidance is being issued consistent with FDA's
good guidance practices regulation (21 CFR 10.115). The draft guidance,
when finalized, will represent the current thinking of FDA on
``Veterinary Feed Directive Common Format Questions and Answers.'' It
does not establish any rights for any person and is not binding on FDA
or the public. You can use an alternative approach if it satisfies the
requirements of the applicable statutes and regulations.

III. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in Sec.  514.1 have been approved under OMB
control number 0910-0032. The collections of information in Sec.  558.6
have been approved under OMB control number 0910-0363.

IV. Electronic Access

    Persons with access to the Internet may obtain the draft guidance
at either http://www.fda.gov/AnimalVeterinary/GuidanceComplianceEnforcement/GuidanceforIndustry/default.htm or http://www.regulations.gov.

    Dated: November 25, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-30411 Filed 11-30-15; 8:45 am]
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[Federal Register Volume 79, Number 111 (Tuesday, June 10, 2014)]
[Rules and Regulations]
[Pages 33045-33048]
[FR Doc No: 2014-12444]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-1031; Directorate Identifier 2013-NM-155-AD;
Amendment 39-17854; AD 2014-11-04]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus Model A330-200, A330-200 Freighter, and A330-300 series
airplanes; and Model A340-200, A340-300, A340-500, and A340-600 series
airplanes. This AD was prompted by a non-connection of the constant
speed motor/generator (CSM/G) during a final assembly operational test.
This AD requires a detailed inspection of the connector wires for
connector 1XE-A of the generator control unit (GCU)-CSM/

G for discrepancies (evidence of arcing or overheating damage), and
related investigative and corrective actions if necessary. We are
issuing this AD to detect and correct incorrect locking of contacts
into connector 1XE-A of the GCU-CSM/G, which could result in a loss of
contact continuity and lead to the CSM/G not operating, which, in
conjunction with an emergency electrical configuration loss of the main
electrical system or total engine flameout, could adversely affect the
airplane's safe flight.

DATES: This AD becomes effective July 15, 2014.
    The Director of the Federal Register approved the incorporation by
reference of a certain publications listed in this AD as of July 15,
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-1031; or in person at the
Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
    For service information identified in this AD, contact Airbus SAS,
Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac
Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80;
email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425 227-1221.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Airbus Model A330-
200, A330-200 Freighter, and A330-300 series airplanes; and Model A340-
200, A340-300, A340-500, and A340-600 series airplanes. The NPRM
published in the Federal Register on December 26, 2013 (78 FR 78294).
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0175, dated August 2, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    During Final Assembly Line tests on an A330 aeroplane, the
Generator Control Unit--Constant Speed Motor/Generator (GCU-CSM/G)
failed the operational test.
    Investigations revealed that it is due to incorrect locking of
some contacts (pins) into the GCU-CSM/G connector 1XE-A. An
inspection of other aeroplanes confirmed this production quality
issue. Among the 26 pins used in GCU-CSM/G connector 1XE-A, 6 pins
have been identified as potentially affected by this issue.
    A badly locked contact could result in a loss of continuity
[non-connection] and lead to the non-operation of the CSM/G.
    This condition, if not detected and corrected, and in
conjunction with either an emergency electrical configuration loss
of main electrical system or total engine flame out, could
jeopardize the aeroplane's safe flight.
    To address this condition, Airbus developed Alert Operator
Transmission (AOT) A24L001-13, to provide instructions for a one-
time inspection.
    For the reasons described above, this AD requires a one-time
[detailed] inspection of the potentially affected connector wires of
GCU-CSM/G connector 1XE-A and, depending on [the] finding,
accomplishment of [a related investigative action] and applicable
corrective actions.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-1031-0002.

Revised Service Information

    Since the NPRM (78 FR 78294, December 26, 2013) was published, we
have received Airbus Alert Operators Transmission A24L001-13, Revision
01, dated March 6, 2014. We have determined that this service
information does not add any additional actions to those proposed in
the NPRM, therefore, we have revised paragraph (g) of this AD to refer
to that service information. We have also added a new paragraph (h) to
this AD to provide credit for actions performed before the effective
date of this AD using Airbus Alert Operators Transmission A24L001-13,
dated July 25, 2013, and redesignated the subsequent paragraphs
accordingly. Additionally, we have added paragraph (k), Material
Incorporated by Reference, to the end of this AD.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comment received on the NPRM (78 FR
78294, December 26, 2013) and the FAA's response to that comment.

Request To Clarify What Prompted the NPRM (78 FR 78294, December 26,
2013)

    Airbus requested clarification in the SUMMARY section and paragraph
(e) of the NPRM (78 FR 78294, December 26, 2013). Airbus stated that it
was not ``failure of the generator control unit-constant speed motor/
generator during a final assembly operational test'' that caused the
unsafe condition, but a non-connection of the CSM/G during an
operational test in the final assembly line. Investigations revealed an
incorrect locking of some contacts into connector 1XE-A of the GCU-CSM/
G.
    We agree to revise the SUMMARY section and paragraph (e) of this
final rule to state that this AD was prompted by a non-connection of
the CSM/G during a final assembly operational test.

Changes to This Final Rule

    Paragraphs (g)(1) and (g)(2) in the NPRM (78 FR 78294, December 26,
2013) have been combined into paragraph (g) in this final rule.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (78 FR 78294, December 26, 2013) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 78294, December 26, 2013).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 76 airplanes of U.S. registry.
    We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $0 per product.
Based on these figures, we estimate the cost of this AD on U.S.
operators to be $6,460, or $85 per product.
    In addition, we estimate that any necessary follow-on actions will
take about 1 work-hour and require parts costing up to $17,314, for a
cost of up

to $17,399 per product. We have no way of determining the number of
aircraft that might need this action.

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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-1031; or in person at the
Docket Management Facility between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this AD, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2014-11-04 Airbus: Amendment 39-17854. Docket No. FAA-2013-1031;
Directorate Identifier 2013-NM-155-AD.

(a) Effective Date

    This AD becomes effective July 15, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A330-201, -202, -203, -223, -
223F, -243, -243F, -301, -302, -303, -321, -322, -323, -341, -342, -
343 airplanes; and A340-211, -212, -213, -311, -312, -313, -541, and
-642 airplanes; certificated in any category; manufacturer serial
numbers (MSNs) 1 through 1391 inclusive, except MSNs 0925 and 1382.

(d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical
Power.

(e) Reason

    This AD was prompted by a non-connection of the constant speed
motor/generator (CSM/G) during a final assembly operational test. We
are issuing this AD to detect and correct incorrect locking of
contacts into connector 1XE-A of the generator control unit (GCU)-
CSM/G, which could result in a loss of contact continuity and lead
to the CSM/G not operating, which, in conjunction with an emergency
electrical configuration loss of the main electrical system or total
engine flameout, could adversely affect the airplane's safe flight.

(f) Compliance

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

(g) Inspections and Corrective Actions

    Within 1,000 flight hours after the effective date of this AD:
Do a detailed inspection for discrepancies (proper engagement and
evidence of arcing or overheating) of the affected connector wires
of connector 1XE-A of the GCU-CSM/G, in accordance with Airbus Alert
Operators Transmission A24L001-13, Revision 01, dated March 6, 2014.
If any discrepancy is detected during the inspection, before further
flight, do all applicable related investigative and corrective
actions, in accordance with Airbus Alert Operators Transmission
A24L001-13, Revision 01, dated March 6, 2014.

(h) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Airbus Alert Operators Transmission
A24L001-13, dated July 25, 2013, which is not incorporated by
reference in this AD.

(i) 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: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 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, use these actions if they
are FAA-approved. Corrective actions are considered FAA-approved if
they were approved by the State of Design Authority (or its
delegated agent, or the Design Approval Holder with a State of
Design Authority's design organization approval, as applicable). You
are required to ensure the product is airworthy before it is
returned to service.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency Airworthiness Directive 2013-
0175, dated August 2, 2013, for related information. This MCAI may
be found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-1031-0002.
    (2) Service information identified in this AD that is not
incorporated by reference may be viewed at the addresses specified
in paragraphs (k)(3) and (k)(4) of this AD.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Alert Operators Transmission A24L001-13, Revision 01,
dated March 6, 2014.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 16, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-12444 Filed 6-9-14; 8:45 am]
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