[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Rules and Regulations]
[Pages 29972-29975]
[FR Doc No: 2015-12486]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0792; FRL-9928-02-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Permits for Construction and Major Modification of Major
Stationary Sources Which Cause or Contribute to Nonattainment Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of four State Implementation Plan (SIP) revisions submitted by
the West Virginia Department of Environmental Protection for the State
of West Virginia on June 29, 2010, July 8, 2011, July 6, 2012, and July
1, 2014 with the exception of certain revisions related to ethanol
production facilities on which the EPA is taking no action at this
time. These revisions pertain to West Virginia's nonattainment New
Source Review (NSR) program, notably provisions for preconstruction
permitting requirements for major sources of fine particulate matter
(PM2.5) and NSR reform. This action is being taken under the
Clean Air Act (CAA).

DATES: This final rule is effective on June 25, 2015.

ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R03-OAR-2014-0792. All documents in the docket are
listed in the www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
West Virginia Department of Environmental Protection, Division of Air
Quality, 601 57th Street SE., Charleston, West Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Gordon,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On February 5, 2015 (80 FR 6491), the EPA published a notice of
proposed rulemaking (NPR) for the State of West Virginia. In the NPR,
the EPA proposed approval of revisions to West Virginia's nonattainment
NSR program, notably provisions for preconstruction permitting
requirements for major sources of PM2.5 and for NSR reform,
with the exception of certain revisions related to ethanol production
facilities on which the EPA proposed taking no action. The formal SIP
revisions were submitted by West Virginia on June 29, 2010, July 8,
2011, July 6, 2012, and July 1, 2014.
    While each of the SIP revisions was submitted individually, the EPA
is finalizing approval of these submittals as a whole. As described in
the proposal, there are some instances where specific language was
added in a West Virginia regulation included in one of the earlier SIP
submittals but the language was subsequently removed from that same
regulation included in a later SIP submittal such that the EPA
therefore only assessed the approvability of that portion of the
regulation included in the later SIP submittal. It should be noted that
the most recent version of West Virginia's nonattainment NSR
regulations is the version included for SIP approval in the 2014
submittal, and this submittal reflects the sum of the changes made from
the 2010, 2011, and 2012 submittals as well.\1\
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    \1\ The EPA, however, is acting on all four SIP submittals in
this notice because each submittal contains necessary procedural
information related to West Virginia's revisions to its
nonattainment NSR regulations and development of its SIP submittals,
which are required for SIP revisions by 40 CFR parts 51 and 52.
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    In this final action, the EPA is revising 40 CFR part 52, subpart
XX to reflect approval of revisions to West Virginia's nonattainment
NSR program in Series 19 under Title 45 of West Virginia Code of State
Rules (45CSR19), with the exception of certain provisions related to
ethanol production facilities on which the EPA proposed taking no
action. A full description of the revisions submitted by West Virginia
is available in the proposed approval and in the docket for this
rulemaking action. No comments were received during the public comment
period for the proposed rule.

II. Summary of SIP Revision

    The revisions submitted by WVDEP which the EPA is approving in this
action involve amendments to 45CSR19 (Permits for Construction and
Major Modification of Major Stationary Sources Which Cause or
Contribute to Nonattainment Areas) as a result of Federal regulatory
actions discussed in the proposal for this final rule. A summary of the
changes made in the 2010, 2011, 2012, and 2014 submittals are available
in the docket under ``Summary of West Virginia NSR Changes.''
    As discussed in the proposal to this final rule, West Virginia's
SIP revisions include provisions that exclude facilities that produce
ethanol through a natural fermentation process from the

definition of ``chemical process plants'' in the major NSR source
permitting program as amended in the 2007 Ethanol Rule. The 2010
submittal added provisions at 45CSR19-2.35.e.20 and 3.7.a.20 that
remove certain ethanol production facilities from the definition of
``chemical process plants.'' These provisions are also included in the
subsequent 2011, 2012, and 2014 submittals. In this final rulemaking,
the EPA is taking no action on the submitted regulation revisions at
45CSR19-2.35.e.20 and 3.7.a.20 that address the 2007 Ethanol Rule.

III. Final Action

    The EPA's review of this material indicates that the 2010, 2011,
2012 and 2014 SIP submittals collectively meet the federal counterpart
requirements in 40 CFR parts 51 and 52 for a nonattainment NSR
permitting program. For the reasons stated previously, the EPA is
approving these WV SIP submissions with the exception of the revisions
to 45CSR19-2.35.e.20 and 3.7.a.20. The EPA is taking no action on the
45CSR19 regulations relating to the definition of ``chemical process
plants'' which are at 45CSR19-2.35.e.20 and 3.7.a.20.

IV. Incorporation by Reference

    In this rulemaking action, the EPA is finalizing regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of 45CSR19, with the exception of certain provisions related
to ethanol production facilities on which the EPA proposed taking no
action. The EPA has made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the appropriate EPA office (see the ADDRESSES section
of this preamble for more information).

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide 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 rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and the EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 27, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action approving revisions to West Virginia's
nonattainment NSR program may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, 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: May 7, 2015.
William C. Early,
Acting Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart XX--West Virginia

0
2. In Sec.  52.2520, the table in paragraph (c) is amended by revising
the table heading and the entries for [45 CSR] Series 19, to read as
follows:

Sec.  52.2520  Identification of plan.

* * * * *
    (c) * * *

                                                    Epa-Approved Regulations in the West Virginia Sip
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 State citation [Chapter 16-20 or                               State                                              Additional explanation/citation at 40
             45 CSR ]                   Title/Subject      effective date             EPA Approval date                         CFR 52.2565
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                                                                      * * * * * * *
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      [45 CSR] Series 19 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution Which Cause or Contribute to
                                                                      Nonattainment
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Section 45-19-1...................  General..............        6/1/2013  5/26/2015 Insert Federal
                                                                            Registercitation].
Section 45-19-2...................  Definitions..........        6/1/2013  5/26/2015 [Insert Federal Register      EPA is taking no action on revisions
(Except: 45CSR19-2.35.e.20).......                                          citation].                              related to remove certain ethanol
                                                                                production facilities from the
                                                                                definition of ``chemical process
                                                                                plants.''
Section 45-19-3...................  Applicability........        6/1/2013  5/26/2015 [Insert Federal Register      EPA is taking no action on revisions
(Except: 45CSR19-3.7.a.20)........                                          citation].                              related to remove certain ethanol
                                                                                production facilities from the
                                                                                definition of ``chemical process
                                                                                plants.''
Section 45-19-4...................  Conditions for a             6/1/2013  5/26/2015 [Insert Federal Register
                                     Permit Approval for                    citation].
                                     Proposed Major
                                     Sources that would
                                     Contribute to a
                                     Violation of NAAQS.
Section 45-19-5...................  Conditions for Permit        6/1/2013  5/26/2015 [Insert Federal Register
                                     Approval for Sources                   citation].
                                     Locating in
                                     Attainment of
                                     Unclassifiable Areas
                                     That Would Cause a
                                     New Violation of a
                                     NAAQS.
Section 45-19-6...................  [Reserved]...........        6/1/2013  5/26/2015 [Insert Federal Register
                                                                            citation].
Section 45-19-7...................  Baseline for                 6/1/2013  5/26/2015 [Insert Federal Register
                                     Determining Credit                     citation].
                                     for Emission Offsets.
Section 45-19-8...................  Location of Emissions        6/1/2013  5/26/2015 [Insert Federal Register
                                     Offsets.                               citation].
Section 45-19-9...................  Administrative               6/1/2013  5/26/2015 [Insert Federal Register
                                     Procedures for                         citation].
                                     Emission Offset
                                     Proposals.
Section 45-19-10..................  [Reserved]...........        6/1/2013  5/26/2015 [Insert Federal Register
                                                                            citation].
Section 45-19-11..................  [Reserved]...........        6/1/2013  5/26/2015 [Insert Federal Register
                                                                            citation].
Section 45-19-12..................  Reasonable Further           6/1/2013  5/26/2015 [Insert Federal Register
                                     Progress.                              citation].
Section 45-19-13..................  Source Impact                6/1/2013  5/26/2015 [Insert Federal Register
                                     Analysis.                              citation].
Section 45-19-14..................  Permit Requirements          6/1/2013  5/26/2015 [Insert Federal Register
                                     for Major Stationary                   citation].
                                     Sources and Major
                                     Modifications.
Section 45-19-15..................  Public Review                6/1/2013  5/26/2015 [Insert Federal Register
                                     Procedures.                            citation].
Section 45-19-16..................  Public Meetings......        6/1/2013  5/26/2015 [Insert Federal Register
                                                                            citation].
Section 45-19-17..................  Permit Transfer,             6/1/2013  5/26/2015 [Insert Federal Register
                                     Cancellation and                       citation].
                                     Responsibility.
Section 45-19-18..................  Disposition of               6/1/2013  5/26/2015 [Insert Federal Register
                                     Permits.                               citation].
Section 45-19-19..................  Requirements of Air          6/1/2013  5/26/2015 [Insert Federal Register
                                     Quality Models.                        citation].
Section 45-19-20..................  [Reserved]...........        6/1/2013  5/26/2015 [Insert Federal Register
                                                                            citation].
Section 45-19-21..................  [Reserved]...........        6/1/2013  5/26/2015 [Insert Federal Register
                                                                            citation].
Section 45-19-22..................  [Reserved]...........        6/1/2013  5/26/2015 [Insert Federal Register
                                                                            citation].
Section 45-19-23..................  Actuals PAL..........        6/1/2013  5/26/2015 [Insert Federal Register
                                                                            citation].
Section 45-19-24..................  Conflict with Other          6/1/2013  5/26/2015 [Insert Federal Register
                                     Permitting Rules.                      citation].
Section 45-19-25..................  Inconsistency Between        6/1/2013  5/26/2015 [Insert Federal Register
                                     Rules.                                 citation].
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[FR Doc. 2015-12486 Filed 5-22-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Rules and Regulations]
[Pages 95043-95047]
[FR Doc No: 2016-31017]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0529; FRL-9957-16-Region 5]

Air Plan Approval; Wisconsin; Infrastructure SIP Requirements for
the 2012 PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of some elements of a July 13, 2015 state implementation plan
(SIP) submittal from the Wisconsin Department of Natural Resources
(WDNR) regarding the infrastructure requirements of section 110 of the
Clean Air Act (CAA) for the 2012 fine particulate matter
(PM2.5) National Ambient Air Quality Standards (NAAQS). The
infrastructure requirements are designed to ensure that the structural
components of each state's air quality management program are adequate
to meet the state's responsibilities under the CAA. The proposed
rulemaking associated with this final action was published on February
19, 2016, and EPA received adverse comments during the comment period,
which ended on March 21, 2016. Responses to comments are included
below. In this rulemaking, EPA is not taking action on Wisconsin's
satisfaction of the infrastructure requirements of CAA section
110(a)(2)(F), also referred to as ``element F,'' which pertains to
stationary source monitoring and reporting. EPA proposed approval of
and received an adverse comment on our proposed approval of element F,
which will be addressed in a separate rulemaking. In this rulemaking we
respond to the remainder of the comments we received on our initial
proposed rulemaking, which includes those comments not pertaining to
element F, and finalize as initially proposed our approval of the other
elements of Wisconsin's 2012 PM2.5 infrastructure SIP.

DATES: This final rule is effective on January 26, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2015-0529. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. We recommend
that you telephone Jenny Liljegren, Physical Scientist, at (312) 886-
6832 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Jenny Liljegren, Physical Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch
(AR18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What is the background of this SIP submittal?
II. Responses to Comments Received on EPA's Proposed Rulemaking
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background of this SIP submittal?

A. What state SIP submittal does this rulemaking address?

    This rulemaking addresses a July 13, 2015 infrastructure SIP
submittal from WDNR for the 2012 PM2.5 \1\ NAAQS.
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    \1\ PM2.5 refers to particles with an aerodynamic
diameter of less than or equal to 2.5 micrometers, oftentimes
referred to as ``fine'' particles.
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B. Why did the State make this SIP submittal?

    Under section 110(a)(1) and (2) of the CAA, states are required to
submit infrastructure SIPs to ensure that their SIPs provide for
implementation, maintenance, and enforcement of the NAAQS, including
the 2012 PM2.5 NAAQS. This submittal must contain any
revisions needed for meeting the applicable SIP requirements of section
110(a)(2) or certifications that the state's existing SIP for the NAAQS
already meets those requirements.
    EPA highlighted this statutory requirement in an October 2, 2007
guidance document entitled ``Guidance on SIP Elements Required Under
Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and
PM2.5 National Ambient Air Quality Standards'' and has
issued additional guidance documents, the most recent on September 13,
2013, entitled ``Guidance on Infrastructure State Implementation Plan
(SIP) Elements under CAA Sections 110(a)(1) and 110(a)(2).'' The SIP
submittal referenced in this rulemaking pertains to the applicable

requirements of section 110(a)(1) and (2) and addresses the 2012
PM2.5 NAAQS.

C. What is the scope of this rulemaking?

    EPA is acting upon the SIP submittal from WDNR that addresses the
infrastructure requirements of CAA section 110(a)(1) and (2) for the
2012 PM2.5 NAAQS. The requirement for states to make SIP
submittals of this type arises out of CAA section 110(a)(1). States
must make SIP submittals ``within 3 years (or such shorter period as
the Administrator may prescribe) after the promulgation of a national
primary ambient air quality standard (or any revision thereof),'' and
these SIP submittals are to provide for the ``implementation,
maintenance, and enforcement'' of such NAAQS. The statute directly
imposes on states the duty to make these SIP submittals, and the
requirement to make the submittal is not conditioned upon EPA's taking
any action other than promulgating a new or revised NAAQS. Section
110(a)(2) includes a list of specific elements that ``[e]ach such
plan'' submittal must address.
    EPA has historically referred to these SIP submittals made for the
purpose of satisfying the requirements of CAA section 110(a)(1) and (2)
as ``infrastructure SIP'' submittals. Although the term
``infrastructure SIP'' does not appear in the CAA, EPA uses the term to
distinguish this particular type of SIP submittal from submittals that
are intended to satisfy other SIP requirements under the CAA, such as
SIP submittals that address the nonattainment planning requirements of
part D of Title I of the CAA, the Prevention of Significant
Deterioration (PSD) requirements of part C of title I of the CAA, and
``regional haze SIP'' submittals required to address the visibility
protection requirements of section 169A of the CAA.
    This rulemaking will not cover three substantive areas that are not
integral to acting on a state's infrastructure SIP submittals: (i)
Existing provisions related to excess emissions during periods of
start-up, shutdown, or malfunction (``SSM'') at sources that may be
contrary to the CAA and EPA's policies addressing such excess
emissions; (ii) existing provisions related to ``director's variance''
or ``director's discretion,'' which purport to permit revisions to SIP-
approved emissions limits with limited public notice or without
requiring further approval by EPA and may be contrary to the CAA; and,
(iii) existing provisions for PSD programs that may be inconsistent
with current requirements of EPA's ``Final NSR Improvement Rule,'' 67
FR 80186 (December 31, 2002), as amended by 72 FR 32526 (June 13,
2007). Instead, EPA has the authority to address each one of these
substantive areas in separate rulemakings. A detailed history,
interpretation, and rationale, as they relate to infrastructure SIP
requirements, can be found in EPA's May 13, 2014, proposed rule
entitled, ``Approval and Promulgation of Air Quality Implementation
Plans; Illinois, Michigan, Minnesota, WDNR; Infrastructure SIP
Requirements for the 2008 Lead NAAQS'' in the section, ``What is the
scope of this rulemaking?'' (see 79 FR 27241 at 27242-27245).

II. Responses to Comments Received on EPA's Proposed Rulemaking

    The public comment period for our proposed rulemaking with respect
to WDNR's satisfaction of the infrastructure SIP requirements for the
2012 PM2.5 NAAQS closed on March 21, 2016. EPA received two
comment letters, one from Clean Wisconsin and one from Midwest
Environmental Advocates (MEA). A synopsis of the comments contained in
these letters and EPA's responses are provided below. As mentioned
previously, EPA is not taking action on CAA section 110(a)(2)(F) in
this rulemaking. EPA's action on element F and our response to the
comment from MEA pertaining to our proposed approval of element F will
be addressed in a separate rulemaking.
    Comment 1: With regard to EPA proposing that WDNR has met the
infrastructure SIP requirements of section 110(a)(2)(A) for the 2012
PM2.5 NAAQS, MEA comments that particulate and visible
emissions limitations in Wisconsin Administrative Code Chapters NR 415
and NR 431 are outdated, do not reflect the current state of the art in
air pollution control methods, are insufficient to ensure compliance
with the PM2.5 NAAQS, and must be supplemented to meet
Federal standards. Part of this issue stems from the lack of
information about PM2.5 emission factors, control measures,
and public exposure. MEA urges EPA to require WDNR to use its
enforcement program to expand upon the lack of knowledge of
PM2.5 emission factors by requiring testing and monitoring
in lieu of or in addition to fines when settling enforcement cases.
    Response 1: Section 110(a)(2)(A) requires SIPs to include
enforceable emission limits and other control measures, means or
techniques, as well as schedules and timetables for compliance, and
other related matters. EPA has long interpreted these requirements as
being due when nonattainment planning requirements are
due.2 3 Thus, in the context of an infrastructure SIP, EPA
is not evaluating the existing SIP provisions for the purpose of
emissions limits and control measures, which are connected with
nonattainment planning requirements. Instead, EPA is only evaluating
whether the state's SIP has the basic structural provisions required
for the implementation of the NAAQS. As explained in the proposed rule,
EPA finds that WDNR has met the infrastructure SIP requirements of
section 110(a)(2)(A) with respect to the 2012 PM2.5 NAAQS.
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    \2\ See, e.g., EPA's final rule on ``National Ambient Air
Quality Standards for Lead.'' 73 FR 66964 at 67034.
    \3\ Currently, Wisconsin has no nonattainment areas for the 2012
PM2.5 NAAQS, and the only nonattainment area in Wisconsin
for the 2006 PM2.5 NAAQS--the Milwaukee-Racine
Nonattainment Area, including Milwaukee, Racine, and Waukesha
counties--has been redesignated (79 FR 22415) to a maintenance area.
---------------------------------------------------------------------------

    Section 110(a)(2)(C) requires each state to provide a program for
enforcement of all SIP measures. Under Wis. Stats. 285.13, WDNR has the
authority to impose fees and penalties to ensure that required measures
are ultimately implemented. Wis. Stats. 285.83 and Wis. Stats. 285.87
provide WDNR with the authority to take enforcement actions and assess
penalties. While, in general, any efforts to expand upon the lack of
knowledge of PM2.5 emission factors via testing and
monitoring would be extremely useful for air quality planning, MEA's
suggestion goes beyond the scope of this rulemaking and the minimum
requirements under the CAA. EPA finds that WDNR's enforcement program,
as it currently exists, has met the enforcement of SIP measures
requirements of section 110(a)(2)(C) with respect to the 2012
PM2.5 NAAQS. Accordingly, in this rulemaking, EPA is not
requiring WDNR to use its enforcement program to expand upon the lack
of knowledge of PM2.5 emission factors--which is suggested
by MEA--in lieu of or addition to fines when settling enforcement
cases.
    Comment 2: With regard to EPA proposing that WDNR has met the
infrastructure SIP requirements of section 110(a)(2)(B) with respect to
the 2012 PM2.5 NAAQS, MEA comments that WDNR's
PM2.5 monitoring network only includes 20 monitoring sites
for PM2.5 and is insufficient to characterize public
exposure to PM2.5. EPA should expand the ambient air
monitoring network for PM2.5 by using its authority to
require industrial facilities to install and operate ambient monitors
where

members of the public are likely to be exposed to PM2.5,
especially at possible NAAQS hotspots.
    Response 2: WDNR submits annual monitoring network plans to EPA.
EPA approved WDNR's 2016 Annual Air Monitoring Network Plan on October
26, 2015, and EPA approved (with exceptions) \4\ WDNR's 2017 Annual Air
Monitoring Network Plan on October 31, 2016. EPA's review of the annual
monitoring plan includes EPA's determination that the state monitors
air quality at appropriate locations throughout the state in accordance
with 40 CFR part 58. EPA's October 26, 2015 approval of WDNR's 2016
Annual Air Monitoring Network Plan and EPA's October 31, 2016 approval
of WDNR's 2017 Annual Air Monitoring Network Plan indicates that WDNR
has met the requirements of 40 CFR part 58 with respect to its 2016 and
2017 PM2.5 monitoring networks. Therefore, EPA finds that
Wisconsin has met the infrastructure SIP requirements of section
110(a)(2)(B) with respect to the 2012 PM2.5 NAAQS. WDNR's
Annual Network Plan can be found at http://WDNR.wi.gov/topic/AirQuality/Monitor.html.
---------------------------------------------------------------------------

    \4\ The exceptions do not pertain to Wisconsin's
PM2.5 monitoring network. There are two exceptions to
EPA's approval of Wisconsin's 2017 Annual Air Monitoring Network
Plan. The first exception pertains to Wisconsin's request to shorten
the ozone season which was extended with the revision of the ozone
NAAQS in October 2015 (40 CFR part 58, section 4.1(i)). WDNR must
plan to monitor for ozone, statewide, during the required ozone
season in effect January 1, 2017. EPA's approval of Wisconsin's 2017
Annual Air Monitoring Network Plan does not constitute approval of
the shortened ozone season requested by Wisconsin. The second
exception pertains to a nitrogen dioxide (NO2) monitor.
Wisconsin may discontinue/shut-down the Photochemical Air Monitoring
Station (PAMS) at the Southeast Regional office (SER/DNR) as per
EPA's October 16, 2015 revisions to the PAMS monitoring requirements
with the exception of the NO2 monitor at this site. 40
CFR part 58, appendix D, section 4.3 requires the Milwaukee-
Waukesha-West Allis metropolitan statistical area to operate two
NO2 monitoring sites. One site should be collocated with
a near-road site and a second representative of area-wide
NO2 emissions. Wisconsin meets the near-road station
NO2 monitoring requirement with the College Avenue near-
road station and the area-wide monitoring requirement with the
NO2 monitoring conducted at the PAMS at SER/DNR.
Therefore, Wisconsin may discontinue/shut-down the PAMS at SER/DNR
with the exception of the NO2 monitor.
---------------------------------------------------------------------------

    Comment 3: MEA comments that ``Compounding the issue of
insufficient monitoring is the fact that the WDNR does not require
industrial facilities to provide and report their annual
PM2.5 emissions like they do for PM and PM10.
Each facility is in the best position to know their actual emissions
from the previous year, so not requiring a report at the end of the
year makes it even more difficult to identify any violations. The
information needed to make that assessment would need to be sought out
independently for each facility in the entire state, which requires a
great deal more work than reading a report and comparing it to the
limit. States such as Indiana and Iowa already have this requirement in
place, so it has been successfully implemented elsewhere, and there is
no reason it cannot be done in Wisconsin as well.''
    Response 3: EPA will respond to this comment and address in a
separate rulemaking Wisconsin's satisfaction of CAA section
110(a)(2)(F), also referred to as ``element F,'' which pertains to
stationary source monitoring and reporting.
    Comment 4: (Note that we have grouped the following comments from
MEA and Clean Wisconsin that are similar in content into a single
comment and response section entitled ``Comment 4.'') MEA is concerned
that WDNR underutilizes air quality modeling as a tool for determining
facility-specific PM2.5 emissions limitations and that this
may result in violations of the PM2.5 NAAQS. MEA, in its
comment letter, provides examples of WDNR permits that set
PM2.5 limits equal to PM10 limits without
conducting PM2.5 modeling. MEA notes that the current WDNR
guideline for permit renewals suggests that if there has been no change
in historical particulate emissions since the last operation permit was
issued, no modeling is necessary to verify compliance with the NAAQS.
MEA also notes that WDNR registration permits only require that
emission stacks be built to a certain height that is taller than any
surrounding building, rather than require a modeling analysis of
PM2.5 emissions.
    Both MEA and Clean Wisconsin submitted comments regarding WDNR's
``Guidance for Including PM2.5 in Air Pollution Control
Permit Applications'' (Guidance). Clean Wisconsin notes the recently
issued Guidance changes WDNR's methodology for calculating
PM2.5 emissions from certain sources and uses a weight-of-
evidence approach rather than modeling for permits for certain sources.
Thus, the Guidance will affect WDNR's ability to adequately model and
track PM2.5 emissions and compromise the quality of data and
analysis in determining compliance with the PM2.5 NAAQS.
Clean Wisconsin believes the Guidance undermines WDNR's ability to
provide air quality modeling data to accurately predict effects on air
quality of PM2.5 emissions as required by section
110(a)(2)(K). MEA believes the WDNR's weight-of-evidence approach will
not protect WDNR residents from exposure to unhealthy concentrations of
PM2.5 and will fail to ensure that facilities are in
compliance with the PM2.5 NAAQS. Clean Wisconsin recommends,
at a minimum, that WDNR conduct additional monitoring of direct
PM2.5 before it can justify changes to its methodology for
estimating PM2.5 emissions. Clean Wisconsin believes the
Guidance serves to describe a general policy of the WDNR, carries the
weight and effect of a rule, and impacts WDNR's implementation of the
PM2.5 NAAQS. MEA believes the Guidance is essentially a
rule, as defined by administrative law, and because WDNR did not follow
its rulemaking process, the Guidance is an unlawful rule. Clean
Wisconsin requests that EPA require WDNR to withdraw the Guidance as a
condition for approval of WDNR's 2012 PM2.5 infrastructure
SIP.
    Response 4: Section 110(a)(2)(K) requires SIPs to provide for the
performance of air quality modeling for predicting effects on air
quality of emissions from any NAAQS pollutant and the submission of
such data to EPA upon request. EPA's 2013 infrastructure SIP guidance
indicates that the best practice would be for an air agency to submit
the statutory or regulatory provisions that provide the air agency or
official with the authority to perform the following actions along with
a narrative explanation of how the provisions meet the requirements of
section 110(a)(2)(K): (1) Conduct air quality modeling to predict the
effect on ambient air quality of any emissions of any air pollutant for
which a NAAQS has been promulgated, and (2) provide such modeling data
to the EPA Administrator upon request. EPA's 2013 infrastructure SIP
guidance indicates EPA recognizes that some air agencies may have
general authorizing provisions that do not enumerate specific
activities but do implicitly authorize the air agency to perform such
activities, in which case inclusion of those provisions would meet the
intent of this best practice. WDNR maintains the capability and the
authority to perform computer modeling of the air quality impacts of
emissions of all criteria pollutants, including both source-oriented
dispersion models and more regionally directed complex photochemical
grid models. Wis. Stats. 285.11, Wis. Stats. 285.13, and Wis. Stats.
285.60-285.69 authorize WDNR to perform air quality modeling. Therefore
EPA finds that WDNR has met the infrastructure SIP requirements of
section 110(a)(2)(K) with respect to the 2012 PM2.5 NAAQS.

III. What action is EPA taking?

    EPA is finalizing approval of most elements and deferring action on
one element of a submittal from WDNR certifying that its current SIP is
sufficient to meet the required infrastructure elements under section
110(a)(1) and (2) for the 2012 PM2.5 NAAQS. The proposed
rulemaking associated with this final action was published on February
19, 2016 (81 FR 8460), and EPA received comments during the comment
period, which ended on March 21, 2016. EPA has responded to each of the
comments received in the section above with the exception of ``Comment
3,'' which we intend to respond to in a separate rulemaking. EPA is
taking final action to approve, as proposed, most elements of WDNR's
submittal. EPA is not taking action on several elements of WDNR's
submittal that will be addressed in separate rulemakings.
    EPA's actions for the state's satisfaction of infrastructure SIP
requirements, by element of section 110(a)(2) and NAAQS, are contained
in the table below.

------------------------------------------------------------------------
                        Element                             2012 PM2.5
------------------------------------------------------------------------
(A)--Emission limits and other control measures........               A
(B)--Ambient air quality monitoring/data system........               A
(C)1--Program for enforcement of control measures......               A
(C)2--PSD..............................................              NA
(D)1--I Prong 1: Interstate transport--significant                   NA
 contribution..........................................
(D)2--I Prong 2: Interstate transport--interfere with                NA
 maintenance...........................................
(D)3--II Prong 3: Interstate transport--prevention of                NA
 significant deterioration.............................
(D)4--II Prong 4: Interstate transport--protect                       A
 visibility............................................
(D)5--Interstate and international pollution abatement.               A
(E)1--Adequate resources...............................               A
(E)2--State board requirements.........................               A
(F)--Stationary source monitoring and reporting........              NA
(G)--Emergency power...................................               A
(H)--Future SIP revisions..............................               A
(I)--Nonattainment planning requirements of part D.....              NA
(J)1--Consultation with government officials...........               A
(J)2--Public notification..............................               A
(J)3--PSD..............................................              NA
(J)4--Visibility protection............................               A
(K)--Air quality modeling/data.........................               A
(L)--Permitting fees...................................               A
(M)--Consultation and participation by affected local                 A
 entities..............................................
------------------------------------------------------------------------

    In the above table, the key is as follows:

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

------------------------------------------------------------------------
A.................................  Approve.
NA................................  No Action/Separate Rulemaking.
D.................................  Disapprove.
------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews.

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register.

This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 27, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

    Dated: December 13, 2016.
Robert Kaplan,
Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

0
2. Section 52.2591 is amended by adding paragraph (k) to read as
follows:

Sec.  52.2591  Section 110(a)(2) infrastructure requirements.

* * * * *
    (k) Approval--In a July 13, 2015, submission, WDNR certified that
the state has satisfied the infrastructure SIP requirements of section
110(a)(2)(A) through (H), and (J) through (M) for the 2012
PM2.5 NAAQS. We are not taking action on the prevention of
significant deterioration requirements related to section
110(a)(2)(C)(ii), (D)(i)(II), and (J), the transport provisions in
section 110(a)(2)(D)(i)(I), and the stationary source monitoring and
reporting requirements of section 110(a)(2)(F). We will address these
requirements in a separate action.

[FR Doc. 2016-31017 Filed 12-23-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 13, 2008 (Volume 73, Number 50)]
[Proposed Rules]
[Page 13480-13483]
[DOCID:fr13mr08-12]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0273; Directorate Identifier 2007-NM-369-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 747-400, 747-400D, and
747-400F Series Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to all Boeing Model 747-400, 747-400D, and
747-400F series airplanes. The existing AD currently requires reviewing
airplane maintenance records, doing repetitive inspections for cracking
of the yaw damper actuator portion of the upper and lower rudder power
control modules (PCMs), replacing the PCMs if necessary, and reporting
all airplane maintenance records review and inspection results to the
manufacturer. This proposed AD would limit the applicability, reduce
the initial inspection threshold and repetitive interval, remove the
reporting requirement, and require installation of a secondary
retention device for the yaw damper modulating piston. Installation of
the secondary retention device would terminate the repetitive
inspection requirements. This proposed AD results from additional
reports of failure or cracking of the PCM manifold in the area of the
yaw damper cavity endcap at intervals well below the initial inspection
threshold of the existing AD. We are proposing this AD to prevent an
uncommanded left rudder hardover in the event of cracking in the yaw
damper actuator portion of the upper or lower rudder PCMs, and
subsequent failure of the PCM manifold, which could result in increased
pilot workload, and possible runway departure upon landing.

DATES: We must receive comments on this proposed AD by April 14, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; 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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Douglas Tsuji, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0273;
Directorate Identifier 2007-NM-369-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On August 30, 2006, we issued AD 2006-18-17, amendment 39-14756 (71
FR 52999, September 8, 2006), for all Boeing Model 747-400, 747-400D,
and 747-400F series airplanes. That AD requires reviewing airplane
maintenance records, doing repetitive inspections for cracking of the
yaw damper actuator portion of the upper and lower rudder power control
modules (PCMs), replacing the PCMs if necessary, and reporting all
airplane maintenance records review and inspection results to the
manufacturer. That AD resulted from manufacturer findings that the
inspections required by the existing AD (AD 2003-23-01, amendment 39-
13364, which AD 2006-18-17 superseded) must be performed at regular
intervals. We issued AD 2006-18-17 to detect and correct cracking in
the yaw damper actuator portion of the upper and lower rudder PCMs,
which could result in an uncommanded left rudder hardover, consequent
increased pilot workload, and possible runway departure upon landing.

Actions Since Existing AD Was Issued

    Since the issuance of AD 2006-18-17, there have been additional
reports of cracked rudder PCMs in the yaw damper portion of the PCM
manifold that failed well below the initial inspection threshold of the
AD. As part of the National Transportation Safety Board (NTSB) and FAA
investigation, it was determined that a permanent design modification
must be made to the rudder PCM that prevents a left rudder hardover in
the event of a failed rudder PCM manifold.
    The preamble to AD 2006-18-17 specified that we considered the
requirements ``interim action.'' That AD explained that we might
consider further rulemaking since the root cause of the cracking had
not been determined. Because of the additional premature failures of
the rudder PCM, the manufacturer has now developed a final action,
which is installation of a secondary means of retention for the
modulating piston assembly in the event of a rudder PCM manifold
failure. Therefore, we have determined that further rulemaking is
indeed necessary; this proposed AD follows from that determination.
    The inspection thresholds and intervals in AD 2006-18-17 correspond
to those in Boeing Alert Service Bulletin 747-27A2397, Revision 2,
dated September 1, 2005, which we referred to in AD 2006-18-17 as the
appropriate source of service information for doing the initial and
repetitive inspections. However, since we issued that AD, we have
received additional reports of failure or cracking of the PCM manifold
in the area of the yaw damper cavity endcap at intervals well below the
initial inspection threshold of the existing AD. These incidents
happened between 20,000 and 46,000 total flight hours. The initial
flight-hour threshold in AD 2006-18-17 is 56,000 total flight hours,
which corresponds to the threshold in Boeing Alert Service Bulletin
747-27A2397, Revision 2. Therefore, we are proposing that operators
accomplish the ultrasonic inspections required by AD 2006-18-17 at
reduced inspection threshold and intervals, until the final action is
accomplished. Boeing has no objection to the reduced inspection
thresholds and intervals.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 747-27A2479, dated
November 8, 2007. The service bulletin describes procedures for
installing a new secondary retention device for the yaw damper piston
assembly in both the upper and lower PCMs. The service bulletin
specifies two options for installing the new secondary retention
device:
     Replacing the existing PCM with a new improved PCM.
     Modifying, testing, and re-identifying the existing PCM
while installed on the airplane.
    Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition.
    Boeing Alert Service Bulletin 747-27A2479 refers to Parker Service
Bulletins 332700-27-312 and 333200-27-314, both dated September 13,
2007, as additional sources of service information for modifying the
PCM.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an
unsafe condition that is likely to develop on other airplanes of the
same type design. For this reason, we are proposing this AD, which
would supersede AD 2006-18-17, and retain all but the reporting
requirement of that AD. This proposed AD would also limit the
applicability, reduce the inspection threshold and repetitive interval,
and require eventual installation of a secondary retention device for
the yaw damper modulating piston. Installation of a secondary retention
device would terminate the repetitive inspection requirements of the
existing AD.

Explanation of Reporting Requirement

    AD 2006-18-17 requires that operators report crack findings to
Boeing and return cracked or broken PCMs to Parker Hannifin
Corporation. This proposed AD would not include those actions. Boeing
has now developed a final action, so the report and parts return are no
longer necessary.

Explanation of 30 Day Comment Period

    Operators should note that because of the critical need to prevent
an uncommanded left rudder hardover, we have determined that a comment
period of 30 days, rather than 45 days, is necessary in this case.

Costs of Compliance

    There are about 655 airplanes of the affected design in the
worldwide fleet. This proposed AD would affect about 86 airplanes of
U.S. registry. The following table provides the estimated costs for
U.S. operators to comply with this proposed AD. The average labor rate
is $80 per work hour.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Action                     Work hours                    Parts                     Cost per airplane                  Fleet cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ultrasonic inspection (required    4....................  None..........................  $320, per inspection cycle....  $27,520, per inspection cycle.
 by AD 2006-18-17).
Option 1--replacement (new         Up to 22.............  Up to $4,496..................  Up to $6,256..................  Up to $538,016.
 proposed action).
Option 2--modification (new        Up to 13.............  Up to $722....................  Up to $1,762..................  Up to $151,532.
 proposed 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 have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket. See the
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by
removing amendment 39-14756 (71 FR 52999, September 8, 2006) and adding
the following new airworthiness directive (AD):

Boeing: Docket No. FAA-2008-0273; Directorate Identifier 2007-NM-
369-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by April 14,
2008.

Affected ADs

    (b) This AD supersedes AD 2006-18-17.

Applicability

    (c) This AD applies to Boeing Model 747-400, 747-400D, and 747-
400F series airplanes, certificated in any category, as identified
in Boeing Alert Service Bulletin 747-27A2479, dated November 8,
2007.

Unsafe Condition

    (d) This AD results from additional reports of failure or
cracking of the power control module (PCM) manifold in the area of
the yaw damper cavity endcap at intervals well below the initial
inspection threshold of the existing AD. We are issuing this AD to
prevent an uncommanded left rudder hardover in the event of cracking
in the yaw damper actuator portion of the upper or lower rudder PCM,
and subsequent failure of the PCM manifold, which could result in
increased pilot workload, and possible runway departure upon
landing.

Compliance

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

Verification of Rudder PCM/Main Manifold Time-in-Service

    (f) For any affected airplane, if it can be positively verified
that any rudder PCM or PCM main manifold installed on that airplane
has accumulated a different total of flight hours or flight cycles
than the totals accumulated by that airplane, the flight cycles or
flight hours accumulated by the rudder PCM or PCM main manifold will
be acceptable as valid starting points for meeting the compliance
times required by this AD.

Ultrasonic Inspections

    (g) Do an ultrasonic inspection for cracking of the yaw damper
actuator portion of the upper and lower rudder PCMs at the
applicable times specified in paragraph (g)(1) or (g)(2) of this AD
in accordance with the Accomplishment Instructions of Boeing Service
Bulletin 747-27A2397, Revision 2, dated September 1, 2005. Doing the
installation required by paragraph (j) of this AD ends the
inspection requirements of this paragraph for that PCM.
    (1) For airplanes that have been inspected before the effective
date of this AD in accordance with Boeing Alert Service Bulletin
747-27A2397, dated July 24, 2003; Revision 1, dated March 31, 2005;
or Revision 2, dated September 1, 2005: Do the ultrasonic inspection
at the later of the times specified in paragraph (g)(1)(i) and
(g)(1)(ii) of this AD. Repeat the inspection thereafter at intervals
not to exceed 7,000 flight hours or 1,125 flight cycles, whichever
occurs first, until the action required by paragraph (j) of this AD
is accomplished.
    (i) Within 7,000 flight hours or 1,125 flight cycles after the
prior inspection, whichever occurs first.
    (ii) Within 6 months after the effective date of this AD.
    (2) For airplanes that have not been inspected before the
effective date of this AD in accordance with Boeing Alert Service
Bulletin 747-27A2397, dated July 24, 2003; Revision 1, dated March
31, 2005; or Revision 2, dated September 1, 2005: Do the ultrasonic
inspection at the later of the times specified in paragraph
(g)(2)(i) and (g)(2)(ii) of this AD. Repeat the inspection
thereafter at intervals not to exceed 7,000 flight hours or 1,125
flight cycles, whichever occurs first, until the action required by
paragraph (j) of this AD is accomplished.
    (i) Prior to the accumulation of 14,000 total flight hours or
2,250 total flight cycles, whichever occurs first.
    (ii) Within 6 months after the effective date of this AD.

Action if No Cracking Is Found

    (h) If no cracking is found during any inspection required by
paragraph (g) of this AD: Before further flight, apply sealant and a
torque stripe and install a lockwire on the rudder PCM in accordance
with the Accomplishment Instructions, and Figure 1

or Figure 2, as applicable, of Boeing Service Bulletin 747-27A2397,
Revision 2, dated September 1, 2005.

Action if Cracking Is Found

    (i) If any cracking is found during any inspection required by
paragraph (g) of this AD: Before further flight, do the action in
paragraph (i)(1) or (i)(2) of this AD.
    (1) Replace the affected PCM with a new or serviceable PCM in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 747-27A2397, Revision 2, dated September 1, 2005.
    (2) Replace the PCM with a PCM that has the new secondary
retention device installed as specified in paragraph (j) of this AD.

Terminating Action

    (j) Within 24 months or 8,400 flight hours after the effective
date of this AD, whichever occurs earlier: Install a new secondary
retention device for the yaw damper piston assembly in both the
upper and lower PCMs by either replacing the existing PCM with a new
improved PCM that already has the new secondary retention device, or
by modifying, testing, and re-identifying the existing PCM. Do the
installation in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin 747-27A2479, dated November 8, 2007.
Doing the installation terminates the inspection requirements of
this AD.

    Note 1: Boeing Alert Service Bulletin 747-27A2479 refers to
Parker Service Bulletins 332700-27-312 and 333200-27-314, both dated
September 13, 2007, as additional sources of service information for
modifying the PCM.

Prior Accomplishment of Requirements

    (k) Actions accomplished before October 13, 2006 (the effective
date of AD 2006-18-17), in accordance with Boeing Alert Service
Bulletin 747-27A2397, dated July 24, 2003; or Revision 1, dated
March 31, 2005; are considered acceptable for compliance with the
corresponding requirements of this AD.

Parts Installation

    (l) As of October 13, 2006 no person may install on any airplane
a rudder PCM having a top assembly part number (P/N)<PHONE_NUMBER>, -
1005, or -1007; or P/N<PHONE_NUMBER>, -1005, or -1007; unless the PCM
has been ultrasonically inspected and found to be without cracks; in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 747-27A2397, Revision 2, dated September 1, 2005, as
specified by paragraph (g) of this AD.

Alternative Methods of Compliance (AMOCs)

    (m)(1) The Manager, Seattle Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (3) AMOCs approved previously in accordance with AD 2006-18-17
are approved as AMOCs for the corresponding provisions of paragraphs
(g), (h), and (i) of this AD.

    Issued in Renton, Washington, on March 4, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-5013 Filed 3-12-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 5 (Monday, January 9, 2012)]
[Notices]
[Pages 1106-1107]
[FR Doc No: 2012-100]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66085; File No. SR-Phlx-2011-180]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
the Rebates and Fees for Adding and Removing Liquidity in Select
Symbols

January 3, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''), \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 21, 2011, NASDAQ OMX PHLX LLC (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Section I of the Exchange's Fee
Schedule titled ``Rebates and Fees for Adding and Removing Liquidity in
Select Symbols,'' specifically to amend the Select Symbols.\3\
---------------------------------------------------------------------------

    \3\ The term ``Select Symbols'' refers to the symbols which are
subject to the Rebates and Fees for Adding and Removing Liquidity in
Section I of the Exchange's Fee Schedule.
---------------------------------------------------------------------------

    While changes to the Fee Schedule pursuant to this proposal are
effective upon filing, the Exchange has designated these changes to be
operative on January 3, 2011.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqtrader.com/micro.aspx?id=PHLXfilings, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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 Exchange 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 these 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 aspects of such
statements.

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

1. Purpose
    The purpose of the proposed rule change is to amend the list of
Select Symbols in Section I of the Exchange's Fee Schedule, entitled
``Rebates and Fees for Adding and Removing Liquidity in Select
Symbols'' in order to attract additional order flow to the Exchange.
    The Exchange displays a list of Select Symbols in its Fee Schedule
at Section I, ``Rebates and Fees for Adding and Removing Liquidity in
Select Symbols,'' which are subject to the rebates and fees in that
section. The Exchange is proposing to delete Market Vectors
Semiconductor ET (``SMH'') from the list of Select Symbols. SMH would
be subject to the rebates and fees in Section II of the Fee Schedule
entitled ``Equity Options Fees.'' \4\
---------------------------------------------------------------------------

    \4\ Section II includes options overlying equities, ETFs, ETNs,
indexes and HOLDRs which are Multiply Listed.
---------------------------------------------------------------------------

    While changes to the Fee Schedule pursuant to this proposal are
effective upon filing, the Exchange has designated these changes to be
operative on January 3, 2011.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \5\ in general, and furthers
the objectives of Section 6(b)(4) of the Act \6\ in particular, in that
it is an equitable allocation of reasonable fees and other charges
among Exchange members and other persons using its facilities.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that it is reasonable to remove SMH from its
list of Select Symbols to attract additional order flow to the
Exchange. The Exchange believes that applying the fees in Section II of
the Fee Schedule to SMH, including the opportunity to receive payment
for order flow, will attract order flow to the Exchange.
    The Exchange believes that it is equitable and not unfairly
discriminatory to amend its list of Select Symbols to remove SMH
because the list of Select Symbols would apply uniformly to all
categories of participants in the same manner. All market participants
who trade the Select Symbols would be subject to the rebates and fees
in Section I of the Fee Schedule, which would not include SMH. Also,
all market participants would be uniformly subject to the fees in
Section II, which would include SMH.

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 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 either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\7\ At any time within 60 days of the filing
of the proposed rule change, the Commission summarily may temporarily
suspend 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. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change 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 email to<EMAIL_ADDRESS>Please include
File No. SR-Phlx-2011-180 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 No. SR-Phlx-2011-180. This
file number should be included on the subject line if email 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 the Exchange. 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 No. SR-Phlx-2011-180 and should be
submitted on or before January 30, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-100 Filed 1-6-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 220 (Friday, November 14, 2014)]
[Rules and Regulations]
[Pages 68114-68116]
[FR Doc No: 2014-26914]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 5, 10, 14, 20, 21, 314, 350, 516, and 814

[Docket No. FDA-2011-N-0318]

Division of Freedom of Information; Change of Office Name, and
Removal of Address, Telephone Number, and Fax Number; Technical
Amendment

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; technical amendments.

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

SUMMARY: The Food and Drug Administration (FDA) is amending the
Agency's regulations to change the Division of Freedom of Information's
(FOI's) name, and remove the address, telephone number, fax number, and
Public Reading Room fax number and room number and replace them with
FOI's address located on the Agency's Web site. This action is
editorial in nature and is intended to improve the accuracy of the
Agency's regulations.

DATES: This rule is effective November 14, 2014.

FOR FURTHER INFORMATION CONTACT: Sarah Kotler, Freedom of Information
Staff, Food and Drug Administration,<PHONE_NUMBER>, address available on
the Agency's Web site at http://www.fda.gov.

SUPPLEMENTARY INFORMATION: FDA is making technical amendments in the
Agency's regulations under 21 CFR parts 5, 10, 14, 20, 21, 314, 350,
516, and 814 as a result of a recent office move. The office name and
address was ``Division of Freedom of Information (ELEM-1029), 12420
Parklawn Dr., Element Bldg., Rockville, MD 20857''. The new office name
and address is listed on the Agency's Web site at http://www.fda.gov.
The Freedom of Information Staff's new Public Reading Room number is
listed on the Agency's Web site at http://www.fda.gov. Publication of
this document constitutes final action of these changes under the
Administrative Procedures Act (5 U.S.C. 553). FDA has determined that
notice and public comment are unnecessary because these amendments are
merely correcting nonsubstantive errors.

List of Subjects

21 CFR Part 5

    Authority delegations (Government agencies), Imports, Organization
and functions (Government agencies).

21 CFR Part 10

    Administrative practice and procedure, News media.

21 CFR Part 14

    Administrative practice and procedure, Advisory committees, Color
additives, Drugs, Radiation protection.

21 CFR Part 20

    Confidential business information, Courts, Freedom of Information,
Government employees.

21 CFR Part 21

    Privacy.

21 CFR Part 314

    Administrative practice and procedure, Confidential business
information, Drugs, Reporting and recordkeeping requirements.

21 CFR Part 350

    Labeling, Over-the-counter drugs.

21 CFR Part 516

    Administrative practice and procedure, Animal drugs, Confidential
business information, Reporting and recordkeeping requirements.

21 CFR Part 814

    Administrative practice and procedure, Confidential business
information, Medical devices, Medical research, Reporting and
recordkeeping requirements.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR parts
5, 10, 14, 20, 21, 314, 350, 516, and 814 are amended as follows:

PART 5--ORGANIZATION

0
1. The authority citation for 21 CFR part 5 continues to read as
follows:

    Authority: 5 U.S.C. 552; 21 U.S.C. 301-397.

0
2. In Sec.  5.1110, revise paragraph (b) to read as follows:

Sec.  5.1110  FDA public information offices.

* * * * *
    (b) Freedom of Information Staff. The Freedom of Information
Staff's Public Reading Room is located at the address available on the
Agency's Web site at http://www.fda.gov.
* * * * *

PART 10--ADMINISTRATIVE PRACTICES AND PROCEDURES

0
3. The authority citation for 21 CFR part 10 continues to read as
follows:

    Authority: 5 U.S.C. 551-558, 701-706; 15 U.S.C. 1451-1461; 21
U.S.C. 141-149, 321-397, 467f, 679, 821, 1034; 28 U.S.C. 2112; 42
U.S.C. 201, 262, 263b, 264.

Sec.  10.85  [Amended]

0
4. Section 10.85 is amended in paragraph (d)(4) by removing ``(ELEM-
1029)'' and adding in its place ``(the Freedom of Information Staff's
address is available on the Agency's Web site at http://www.fda.gov)''.

Sec.  10.90  [Amended]

0
5. Section 10.90 is amended in paragraph (d) by removing ``(ELEM-
1029)'' and adding in its place ``(the Freedom of Information Staff's
address is available on the Agency's Web site at http://www.fda.gov)''.

Sec.  10.95  [Amended]

0
6. Section 10.95 is amended in paragraphs (b)(2), (c)(2), (d)(2),
(d)(7), and (d)(8) by removing ``(ELEM-1029)'' and adding in its place
``(the Freedom of Information Staff's address is available on the
Agency's Web site at http://www.fda.gov)''.

PART 14--PUBLIC HEARING BEFORE A PUBLIC ADVISORY COMMITTEE

0
7. The authority citation for 21 CFR part 14 continues to read as
follows:

    Authority: 5 U.S.C. App. 2; 15 U.S.C. 1451-1461, 21 U.S.C. 41-
50, 141-149, 321-394, 467f, 679, 821, 1034; 28 U.S.C. 2112; 42
U.S.C. 201, 262, 263b, 264; Pub. L. 107-109; Pub. L. 108-155, Pub.
L. 113-54.

Sec.  14.65  [Amended]

0
8. Section 14.65 is amended in paragraph (c) by removing ``(ELEM-
1029)'' and by adding in its place ``(the Freedom of Information
Staff's address is available on the Agency's Web site at http://www.fda.gov)''.

PART 20--PUBLIC INFORMATION

0
9. The authority citation for 21 CFR part 20 continues to read as
follows:

    Authority: 5 U.S.C. 552; 18 U.S.C. 1905; 19 U.S.C. 2531-2582; 21
U.S.C. 321-393, 1401-1403; 42 U.S.C. 241, 242, 242a, 242l, 242n,
243, 262, 263, 263b-263n, 264, 265, 300u-300u-5, 300aa-1.

Sec.  20.3  [Amended]

0
10. Section 20.3 is amended in paragraph (b) by removing ``(ELEM-1029),
Food and Drug Administration, 12420 Parklawn Dr., Element Bldg.,
Rockville, MD 20857'' and adding in its place '' at the address located
on the Agency's Web site at http://www.fda.gov.''
0
11. In Sec.  20.26, revise paragraph (b) to read as follows:

Sec.  20.26  Indexes of certain records.

* * * * *
    (b) Each such index will be made available by accessing the
Agency's Web site at http://www.fda.gov. A printed copy of each index
is available by writing or visiting the Freedom of Information Staff's
address on the Agency's Web site at http://www.fda.gov.

Sec.  20.30  [Amended]

0
12. Section 20.30 is amended in paragraph (a) by removing ``(ELEM-
1029), Food and Drug Administration, 12420 Parklawn Dr., Element Bldg.,
Rockville, MD 20857'' and adding in its place ``at the address located
on the Agency's Web site at http://www.fda.gov.''
0
13. In Sec.  20.40, revise paragraph (a) to read as follows:

Sec.  20.40  Filing a request for records.

    (a) All requests for Food and Drug Administration records shall be
made in writing by mailing or delivering the request to the Freedom of
Information Staff at the address on the Agency's Web site at http://www.fda.gov or by faxing it to the fax number listed on the Agency's
Web site at http://www.fda.gov. All requests must contain the postal
address and telephone number of the requester and the name of the
person responsible for payment of any fees that may be charged.
* * * * *

Sec.  20.107  [Amended]

0
14. Section 20.107 is amended in paragraph (a) by removing ``(ELEM-
1029), Food and Drug Administration, 12420 Parklawn Dr., Element Bldg.,
Rockville, MD 20857'' and adding in its place ``at the address located
on the Agency's Web site at http://www.fda.gov.''
0
15. In Sec.  20.120, revise paragraph (a) to read as follows:

Sec.  20.120  Records available in Food and Drug Administration Public
Reading Rooms.

    (a) The Freedom of Information Staff and the Division of Dockets
Management Public Reading Room are located at the same address. Both
are located in rm. 1061, 5630 Fishers Lane, Rockville, MD 20852. The
telephone number for the Division of Docket Management is<PHONE_NUMBER>;
the telephone number for the Freedom of Information Staff's Public
Reading Room is located at the address on the Agency's Web site at
http://www.fda.gov. Both public reading rooms are open from 9 a.m. to 4
p.m., Monday through Friday, excluding legal public holidays.
* * * * *

PART 21--PROTECTION OF PRIVACY

0
16. The authority citation for 21 CFR part 21 continues to read as
follows:

    Authority: 21 U.S.C. 371; 5 U.S.C. 552, 552a.

Sec.  21.32  [Amended]

0
17. Section 21.32 is amended in paragraph (b)(2) in the second sentence
by removing ``(HFA-400), Food and Drug Administration, 5600 Fishers
Lane, Rockville, MD 20857'' and by adding in its place ``HR-BETHPL
RM7114, HFA-705, 7700 Wisconsin Ave., 7th & 8th floors, Bethesda, MD
20814'' and in the third sentence by removing ``(ELEM-1029)'' and by
adding in its place ``(the Privacy Act Coordinator is part of the
Freedom of Information Staff, the address for which is located on the
Agency Web site at http://www.fda.gov)''.

Sec.  21.40  [Amended]

0
18. Section 21.40 is amended in paragraph (b) by removing ``(ELEM-
1029), Food and Drug Administration, 12420 Parklawn Dr., Element Bldg.,
Rockville, MD 20857'' and by adding in its place ``(address is located
on the Agency Web site at http://www.gov.fda)''.

Sec.  21.41  [Amended]

0
19. Section 21.41 is amended in paragraphs (c) and (e) by removing
``(ELEM-1029)'' and by adding in its place ``(address is located on the
Agency Web site at http://www.gov.fda)''.

Sec.  21.43  [Amended]

0
20. Section 21.43 is amended in paragraph (a)(2) by removing ``at the
address shown in Sec.  20.30 of this chapter'' and by adding in its
place ``(address is located on the Agency's Web site at http://www.fda.gov)''.

Sec.  21.52  [Amended]

0
21. Section 21.52 is amended in paragraph (a) by removing ``, Rm. 14-
71, 5600 Fishers Lane, Rockville, MD 20857'' and by adding in its place
``(see the address on the Agency's Web site at http://www.fda.gov)''.

PART 314--APPLICATIONS FOR FDA APPROVAL TO MARKET A NEW DRUG

0
22. The authority citation for 21 CFR part 314 continues to read as
follows:

    Authority: 21 U.S.C. 321, 331, 351, 352, 353, 355, 356, 356a,
356b, 356c, 371, 374, 379e.
0
23. In Sec.  314.53, in paragraph (e), revise the last sentence to read
as follows:

Sec.  314.53  Submission of patent information.

* * * * *
    (e) * * * A request for copies of the file shall be sent in writing
to the Freedom of Information Staff at the address listed on the
Agency's Web site at http://www.fda.gov.
* * * * *

PART 350--ANTIPERSPIRANT DRUG PRODUCTS FOR OVER-THE-COUNTER HUMAN
USE

0
24. The authority citation for 21 CFR part 350 continues to read as
follows:

    Authority: 21 U.S.C. 321, 351, 352, 353, 355, 360, 371.

Sec.  350.60  [Amended]

0
25. Section 350.60 is amended by removing ``(ELEM-1029), Food and Drug
Administration, 12420 Parklawn Dr., Element Bldg., Rockville, MD
20857'' and adding in its place ``(address is located on the Agency's
Web site at http://www.fda.gov.''

PART 516--NEW ANIMAL DRUGS FOR MINOR USE AND MINOR SPECIES

0
26. The authority citation for part 516 continues to read as follows:

    Authority: 21 U.S.C. 360ccc-1, 360ccc-2, 371.

0
27. In Sec.  516.157, revise paragraph (a) to read as follows:

Sec.  516.157  Publication of the index and content of an index
listing.

    (a) FDA will make the list of indexed drugs available through the
FDA Web site at http://www.fda.gov. A printed copy can be obtained by
writing to the Freedom of Information Staff or by visiting FDA's
Freedom of Information Staff's Public Reading Room at the address
listed on the Agency's Web site at http://www.fda.gov.
* * * * *

PART 814--PREMARKET APPROVAL OF MEDICAL DEVICES

0
28. The authority citation for 21 CFR part 814 continues to read as
follows:

    Authority: 21 U.S.C. 351, 352, 353, 360, 360c-360j, 371, 372,
373, 374, 375, 379, 379e, 381.

0
29. In Sec.  814.45, revise paragraph (d)(2) to read as follows:

Sec.  814.45  Denial of approval of a PMA.

* * * * *
    (d) * * *

    (2) A request for copies of the current PMA approvals and denials
document and copies of summaries of safety and effectiveness shall be
sent in writing to the Freedom of Information Staff's address listed on
the Agency's Web site at http://www.fda.gov.
* * * * *

    Dated: November 7, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-26914 Filed 11-13-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: October 23, 2007 (Volume 72, Number 204)]
[Notices]
[Page 60014-60015]
[DOCID:fr23oc07-37]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2007-0563; FRL-8485-5]

Agency Information Collection Activities: Submission to OMB for
Review and Approval; Comment Request; National Volatile Organic
Compound Emission Standards for Consumer Products (Renewal); EPA ICR
No. 1764.04; OMB Control No. 2060-0348

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR, which is abstracted below,
describes the nature of the information collection and its estimated
burden and cost.

DATES: Additional comments may be submitted on or before November 23,
2007.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2007-0563, to (1) EPA online using http://www.regulations.gov (our preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to: EPA Docket

Center, Environmental Protection Agency, Air and Radiation Docket and
Information Center, Mail Code 2822T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, and (2) OMB by mail to: Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Attention:
Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Mr. Bruce Moore, U.S. Environmental
Protection Agency, Office of Air Quality Planning and Standards, Sector
Policies and Programs Division, Natural Resources and Commerce Group
(E143-03), Research Triangle Park, North Carolina 27711; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On August 2, 2007 (72 FR 42409), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments during the
comment period. Any additional comments on this ICR should be submitted
to EPA and OMB within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OAR-2007-0563 which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Air and Radiation

Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room
is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Reading Room is 202-566-
1744, and the telephone number for the Air and Radiation Docket is 202-
566-1742.
    Use EPA's electronic docket and comment system at
http://www.regulations.gov, to submit or view public comments, access the

index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified

above. Please note that EPA's policy is that public comments, whether
submitted electronically or in paper, will be made available for public
viewing at http://www.regulations.gov as EPA receives them and without change,

unless the comment contains copyrighted material, Confidential Business
Information (CBI), or other information whose public disclosure is
restricted by statute. For further information about the electronic
docket, go to http://www.regulations.gov.

    Title: National Volatile Organic Compound Emission Standards for
Consumer Products (Renewal).
    ICR numbers: EPA ICR No. 1764.04, OMB Control No. 2060-0348.
    ICR Status: This ICR is scheduled to expire on October 31, 2007.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The information collection includes initial reports and
periodic recordkeeping necessary for EPA to ensure compliance with
Federal standards for volatile organic compounds in consumer products.
Respondents are manufacturers, distributors, and importers of consumer
products. Responses to the collection are mandatory under 40 CFR part
59, subpart C, National Volatile Organic Compound Emission Standards
for Consumer Products. All information submitted to the EPA for which a
claim of confidentiality is made will be safeguarded according to the
Agency policies set forth in 40 CFR part 2, subpart B, Confidentiality
of Business Information.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 40
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Manufacturers and importers of
consumer products.
    Estimated Number of Respondents: 732.
    Frequency of Response: On occasion.
    Estimated Total Annual Hours Burden: 29,613 hours.
    Estimated Total Annual Costs: $1,187,537. This includes labor costs
of $1,187,537 and no capital or O&M costs.
    Changes in Estimates: There is no change in the total estimated
burden currently identified in the OMB Inventory of Approved Burdens.
However, the estimated total annual costs are increased by $83,480 due
to increased costs of employment compensation since the previous
approval.

    Dated: October 16, 2007.
Sara Hisel-McCoy,
Acting Director, Collection Strategies Division.
[FR Doc. E7-20834 Filed 10-22-07; 8:45 am]

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