[Federal Register Volume 77, Number 11 (Wednesday, January 18, 2012)]
[Rules and Regulations]
[Pages 2437-2439]
[FR Doc No: 2012-798]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2012-0015; Special Conditions No. 25-455-SC]

Special Conditions: Gulfstream Aerospace Corporation, Model GVI
Airplane; Rechargeable Lithium Batteries and Rechargeable Lithium-
Battery Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Gulfstream
Aerospace Corporation (GAC) Model GVI airplane. This airplane will have
a novel or unusual design feature associated with the installation of
rechargeable lithium batteries and rechargeable lithium-battery
systems. The applicable airworthiness regulations do not contain
adequate or appropriate safety standards for this design feature. These
special conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

DATES: The effective date of these special conditions is January 9,
2012. We must receive your comments by March 5, 2012.

ADDRESSES: Send comments identified by docket number FAA-2012-0015
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Wahsington, DC, 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 8 a.m. and 5 p.m.,
Monday through Friday, except federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://regulations.gov, including any personal information
the commenter provides. Using the search function of the docket web
site, anyone can find and read the electronic form of all comments
received into any FAA docket, including the name of the individual
sending the comment (or signing the comment for an association,
business, labor union, etc.). DOT's complete Privacy Act Statement can
be found in the Federal Register published on April 11, 2000 (65 FR
19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except federal holidays.

FOR FURTHER INFORMATION CONTACT: Nazih Khaouly, Airplane and Flight
Crew Interface Branch, ANM-111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; facsimile (425) 227-
1320.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions are
impracticable because these procedures would significantly delay
issuance of the design approval and thus delivery of the affected
aircraft. In addition, the substance of these special conditions has
been subject to the public comment process in several prior instances
with no substantive comments received. The FAA therefore finds that
good cause exists for making these special conditions effective upon
issuance.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On March 29, 2005, GAC applied for an FAA type certificate for its
new Model GVI passenger airplane (hereafter referred to as ``the
GVI''). On September 28, 2006, GAC re-applied for the GVI type
certificate to adhere to the application effectivity established by
Title 14, Code of Federal Regulations (14 CFR) 21.17(c), and on July
31, 2011, GAC requested an extension of application in accordance with
Sec.  21.17(d)(2). The FAA concurred with this request and established
a new effective application date of September 18, 2007. The GVI
airplane will be an all-new, two-engine jet transport airplane. The
maximum takeoff weight will be 99,600 pounds, with a maximum passenger
count of 19 passengers.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14
CFR) 21.17, GAC must show that the GVI meets the applicable provisions
of 14 CFR part 25, as amended by Amendments 25-1 through 25-120, 25-
122, 25-124, and 25-132 thereto. If the Administrator finds that the
applicable airworthiness regulations (i.e., 14 CFR part 25) do not
contain adequate or appropriate safety standards for the GVI because of
a novel or unusual design feature, special conditions are prescribed
under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, the special conditions would also apply to the
other model.
    In addition to the applicable airworthiness regulations and special
conditions, the GVI must comply with

the fuel vent and exhaust emission requirements of 14 CFR part 34 and
the noise certification requirements of 14 CFR part 36; and the FAA
must issue a finding of regulatory adequacy under Sec.  611 of Public
Law 92-574, the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The GVI will incorporate the following novel or unusual design
features: Rechargeable lithium batteries and rechargeable lithium-
battery systems.

Discussion

    The current regulations governing installation of batteries in
large, transport-category airplanes were derived from Civil Air
Regulations (CAR) Part 4b.625(d) as part of the re-codification of CAR
4b that established 14 CFR part 25 in February 1965. The new battery
requirements, Sec.  25.1353(c) (1) through (c)(4), basically reworded
the CAR requirements.
    Increased use of nickel-cadmium (Ni-Cd) batteries in small
airplanes resulted in increased incidents of battery fires and
failures, which led to additional rulemaking affecting large,
transport-category airplanes as well as small airplanes. On September
1, 1977, and March 1, 1978, respectively, the FAA issued Sec.
25.1353(c)(5) and (c)(6), governing Ni-Cd battery installations on
large, transport-category airplanes.
    The proposed use of rechargeable lithium batteries and rechargeable
lithium-battery systems for equipment and systems on the GVI have
prompted the FAA to review the adequacy of these existing regulations.
Our review indicates that the existing regulations do not adequately
address several failure, operational, and maintenance characteristics
of rechargeable lithium batteries and rechargeable lithium-battery
systems that could affect the safety and reliability of the GVI
rechargeable lithium batteries and rechargeable lithium-battery-system
installations.
    At present, commercial aviation has limited experience with the use
of rechargeable lithium batteries and rechargeable lithium-battery
systems in aviation applications. However, other users of this
technology, ranging from wireless telephone manufacturers to the
electric vehicle industry, have noted safety problems with lithium
batteries. These problems include overcharging, over-discharging, and
cell-component flammability.

1. Overcharging

    In general, lithium batteries are significantly more susceptible
than their Ni-Cd or lead-acid counterparts to internal failures that
can result in self-sustaining increases in temperature and pressure
(i.e., thermal runaway). This is especially true for overcharging,
which causes heating and destabilization of the components of the
lithium-battery cell, which can lead to the formation, by plating, of
highly unstable metallic lithium. The metallic lithium can ignite,
resulting in a self-sustaining fire or explosion. The severity of
thermal runaway due to overcharging increases with increased battery
capacity due to the higher amount of electrolyte in large batteries.

2. Over-Discharging

    Discharge of some versions of the lithium-battery cell, beyond a
certain voltage (typically 2.4 volts), can cause corrosion of the
electrodes in the cell, resulting in loss of battery capacity that
cannot be reversed by recharging. This loss of capacity may not be
detected by the simple voltage measurements commonly available to
flight crewmembers as a means of checking battery status, a problem
shared with Ni-Cd batteries.

3. Flammability of Cell Components

    Unlike Ni-Cd and lead-acid cells, some types of lithium-battery
cells use flammable liquid electrolytes. The electrolyte can serve as a
source of fuel for an external fire if the cell container is breached.
    The problems that lithium-battery users experience raise concerns
about the use of these batteries in commercial aviation. The intent of
these special conditions is to establish appropriate airworthiness
standards for lithium-battery installations in the GVI, and to ensure,
as required by Sec. Sec.  25.601 and 25.1309, that these battery
installations will not result in an unsafe condition.
    To address these concerns, these special conditions adopt the
following requirements:
     Those sections of Sec.  25.1353 that are applicable to
lithium batteries.
     The flammable-fluid fire-protection requirements of Sec.
25.863. In the past, this rule was not applied to batteries in
transport-category airplanes because the electrolytes in lead-acid and
Ni-Cd batteries are not considered flammable.
     New requirements to address hazards of overcharging and
over-discharging that are unique to rechargeable lithium batteries.
     Section 25.1529, Instructions for Continued Airworthiness,
must include maintenance requirements to ensure that batteries used as
spares are maintained in an appropriate state of charge, and installed
lithium batteries are sufficiently charged at appropriate intervals.
These instructions must also describe proper repairs, if allowed, and
battery part-number configuration control.
    In issuing these special conditions, the FAA requires that:
    (1) All characteristics of the lithium batteries and their
installation that could affect safe operation of the GVI are addressed,
and
    (2) Appropriate Instructions for Continued Airworthiness, which
include maintenance requirements, are established to ensure the
availability of electrical power from the batteries when needed.
    The intent of these proposed special conditions is to establish
appropriate airworthiness standards for rechargeable lithium-battery
and rechargeable lithium-battery system installations in the GVI and to
ensure, as required by Sec. Sec.  25.1309 and 25.601, that these
battery installations are not hazardous or unreliable.

Applicability

    As discussed above, these special conditions are applicable to the
GVI. Should GAC apply at a later date for a change to the type
certificate to include another model incorporating the same novel or
unusual design feature, the special conditions would apply to that
model as well.

Conclusion

    This action affects only certain novel or unusual design features
on the GVI. It is not a rule of general applicability.
    The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, because a delay would
significantly affect the certification of the airplane, which is
imminent, the FAA has determined that prior public notice and comment
are unnecessary and impracticable, and good cause exists for adopting
these special conditions upon issuance. The FAA is requesting comments
to allow interested persons to submit views that may not have been
submitted in response to the prior opportunities for comment described
above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type-certification basis for the GVI.
    In lieu of the requirements of Sec.  25.1353(c)(1) through (c)(4)
at amendment 25-42, lithium batteries and battery installations on the
GVI must be designed and installed as follows:
    (1) Safe lithium battery-cell temperatures and pressures must be
maintained during any charging or discharging condition, and during any
failure of the battery-charging or battery-monitoring system not shown
to be extremely remote. The lithium-battery installation must preclude
explosion in the event of those failures.
    (2) Design of lithium batteries must preclude the occurrence of
self-sustaining, uncontrolled increases in temperature or pressure.
    (3) No explosive or toxic gases emitted by any lithium battery in
normal operation, or as the result of any failure of the battery-
charging or battery-monitoring system, or battery installation which is
not shown to be extremely remote, may accumulate in hazardous
quantities within the airplane.
    (4) Installations of lithium batteries must meet the requirements
of 14 CFR 25.863(a) through (d).
    (5) No corrosive fluids or gases that may escape from any lithium
battery may damage surrounding structure or any adjacent systems,
equipment, or electrical wiring of the airplane in such a way as to
cause a major or more-severe failure condition, as determined in
accordance with 14 CFR 25.1309(b).
    (6) Each lithium-battery installation must have provisions to
prevent any hazardous effect on structure or essential systems caused
by the maximum amount of heat the battery can generate during a short
circuit of the battery or of its individual cells.
    (7) Lithium-battery installations must have a system to control
automatically the charging rate of the battery to prevent battery
overheating or overcharging, and
    (i) A battery-temperature-sensing and over-temperature-warning
system with a means to automatically disconnect the battery from its
charging source in the event of an over-temperature condition or,
    (ii) A battery-failure sensing-and-warning system with a means to
automatically disconnect the battery from its charging source in the
event of battery failure.
    (8) Any lithium-battery installation, the function of which is
required for safe operation of the airplane, must incorporate a
monitoring-and-warning feature that will provide an indication to the
appropriate flight crewmembers whenever the state-of-charge of the
batteries has fallen below levels considered acceptable for dispatch of
the airplane.
    (9) The instructions for continued airworthiness required by Sec.
25.1529 (and Sec.  26.11) must contain maintenance steps to assure that
the lithium batteries are sufficiently charged at appropriate intervals
specified by the battery manufacturer. The instructions for continued
airworthiness must also contain procedures to ensure the integrity of
lithium batteries in spares storage to prevent the replacement of
batteries, the function of which are required for safe operation of the
airplane, with batteries that have experienced degraded charge-
retention ability or other damage due to prolonged storage at a low
state-of-charge. Precautions should be included in the continued-
airworthiness maintenance instructions to prevent mishandling of
lithium batteries, which could result in a short circuit or other
unintentional damage that could result in personal injury or property
damage.
    GAC must show compliance with the requirements of these special
conditions by test and/or analysis. The aircraft certification office,
or its designees, will find compliance in coordination with the FAA
Transport Standards Staff.

    Note 1:  The term ``sufficiently charged'' means that the
battery retains enough of a charge, expressed in ampere-hours, to
ensure that the battery cells are not damaged. A battery cell may be
damaged by reducing the battery's charge below a point where the
battery's ability to charge and retain a full charge is reduced.
This reduced charging and charge-retention capability would be
greater than the reduction that may result from normal operational
degradation.

    Note 2:  These special conditions are not intended to replace
Sec.  25.1353(c) in the certification basis of the GVI. These
special conditions apply only to lithium batteries and rechargeable
lithium-battery-system installations. The requirements of Sec.
25.1353(c) remain in effect for batteries and battery installations
on the GVI that do not use lithium batteries.

    Issued in Renton, Washington, on January 9, 2012.
K.C. Yanamura,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2012-798 Filed 1-17-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 240 (Monday, December 15, 2014)]
[Unknown Section]
[Pages 74025-74028]
[FR Doc No: 2014-29371]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0898]
RIN 1625-AA00

Safety Zone; Kent Narrows Draw Bridge Repairs, Kent Island
Narrows; Queen Anne's County, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone
encompassing certain waters of Kent Island Narrows in Queen Anne's
County, MD. This action is necessary to provide for the safety of
mariners and their vessels on navigable waters during bridge repairs at
the Kent Narrows (MD-18B) Draw Bridge. This action is

intended to restrict vessel traffic movement to protect mariners from
potential safety hazards associated with the bridge project scheduled
to occur in the federal navigation channel between December 15, 2014
and February 16, 2015. Entry into this zone is prohibited unless
specifically authorized by the Captain of the Port Baltimore or his
designated representative.

DATES: This rule is effective from 6 a.m. on December 15, 2014 to 6
a.m. on February 16, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0898]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Cheryl
Collins, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On October 28, 2014, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zone, Kent Narrows Draw Bridge Repairs, Kent
Island Narrows; Queen Anne's County, MD'' in the Federal Register (79
FR 64157). We received no comments on the proposed rule. No public
meeting was requested, and none was held. The bridge operation
regulations for Kent Island Narrows listed in 33 CFR 117.561 do not
apply to this rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Event planners did not provide the
Coast Guard adequate advance notice of the event to allow 30 days after
publication with an appropriate period for public comment. Notice for
this event was submitted to the Fifth Coast Guard District via letter
on September 22, 2014. Details for this event were not received by the
Captain of the Port Baltimore until September 30, 2014.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064;
and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones. The purpose of this safety zone is to
protect public boaters and their vessels from potential safety hazards
associated with repairs conducted at the Kent Narrows (MD-18B) Draw
Bridge.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received no comments in response to the NPRM. No
public meeting was requested and none was held. Accordingly, the
regulatory text mirrors the proposed text published in the NPRM.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    Although this regulation will restrict access to this area, the
effect of this proposed rule will not be significant because: (i) The
Coast Guard will give advance notification via maritime advisories so
mariners can adjust their plans accordingly, and (ii) although the
safety zone will apply to the entire width of the federal navigation
channel, it does not restrict the entire width of Kent Island Narrows.
Accordingly, vessel traffic not constrained by draft or height may be
able to transit safely around the safety zone.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
    This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to
operate, transit through or anchor within the safety zone during the
enforcement period.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the reasons stated under
paragraph D.1., Regulatory Planning and Review.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule affects your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishing a temporary safety zone in
the Kent Island Narrows to maintain public safety during repairs to the
Kent Narrows (MD-18B) Draw Bridge. This action is necessary to protect
persons and property during the project. This rule is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T05-0898 to read as follows:

Sec.  165.T05-0898  Safety Zone; Kent Narrows Draw Bridge Repairs, Kent
Island Narrows; Queen Anne's County, MD.

    (a) Location. The following area is a safety zone:
    (1) All waters of Kent Island Narrows, within an area bounded by
the following points: From position latitude 38[deg]58'14.5'' N,
longitude 076[deg]14'50.2'' W; thence easterly to position latitude
38[deg]58'14.1'' N, longitude 076[deg]14'48.4'' W; thence southerly to
position latitude 38[deg]58'12.3'' N, longitude 076[deg]14'49.0'' W;
thence westerly to position latitude 38[deg]58'12.8'' N, longitude
076[deg]14'50.8'' W; thence northerly to point of origin at position
latitude 38[deg]58'14.5'' N, longitude 076[deg]14'50.2'' W, located in
Queen Anne's County, Maryland. All coordinates refer to datum NAD 1983.
    (b) Regulations. The general safety zone regulations found in 33
CFR 165.23 apply to the safety zone created by this temporary section,
Sec.  165.T05-0898.
    (1) All persons are required to comply with the general regulations
governing safety zones found in 33 CFR 165.23.
    (2) With the exception of Maryland State Highways Administration
support vessels, entry into or remaining in this zone is prohibited
unless authorized by the Coast Guard Captain of the Port Baltimore. All
vessels underway within this safety zone at the time it is implemented
are to depart the zone.
    (3) Persons desiring to transit the area of the safety zone must
first obtain authorization from the Captain of the Port Baltimore or
his designated representative. To seek permission to transit the area,
the Captain of the Port Baltimore and his designated representatives
can be contacted at telephone number<PHONE_NUMBER> or on Marine Band
Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing
this section can be contacted on Marine Band Radio VHF-FM channel 16
(156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other
Federal, State, or local agency vessel, by siren, radio, flashing
light, or other means, the operator of a vessel shall proceed as
directed. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port Baltimore or his
designated representative and proceed as directed while within the
zone.
    (4) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.

    (c) Definitions. As used in this section:
    Captain of the Port Baltimore means the Commander, U.S. Coast Guard
Sector Baltimore, Maryland.
    Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Baltimore to assist in enforcing the safety zone described in
paragraph (a) of this section.
    Maryland State Highways Administration Support Vessels means all
vessels engaged in bridge work under the auspices of the Maryland State
Highways Administration's authorization for repairs to the Kent Narrows
(MD-18B) Draw Bridge across Kent Island Narrows in Queen Anne's County,
Maryland.
    (d) Enforcement period. This section will be enforced from 6 a.m.
on December 15, 2014 to 6 a.m. on February 16, 2015.

    Dated: December 3, 2014.
M.M. Dean,
Commander, U.S. Coast Guard, Acting Captain of the Port Baltimore.
[FR Doc. 2014-29371 Filed 12-12-14; 8:45 am]
BILLING CODE 9110-04-P


Proposed Rule's document and RIA submitted to OMB with background materials

5766.6 CAA RMP SCCAP Preamble and Rule NPRM 20220421_EO12866 Initiated

RIA: 5766.6 CAA RMP SCCAP RIA NPRM 20220421_EO12866 Initiated

5766.6 CAA RMP SCCAP NPRM 20220419_TBD

5766.6 CAA RMP SCCAP NPRM 20220419_TBD Appendix A

5766.6 CAA RMP SCCAP NPRM 20220419_TBD Appendix B


[Federal Register: November 18, 2010 (Volume 75, Number 222)]
[Notices]
[Page 70679]
[DOCID:fr18no10-28]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0554]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approval; Manufactured Food Regulatory Program
Standards

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
collection of information entitled ``Manufactured Food Regulatory
Program Standards'' has been approved by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: Daniel Gittleson, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Federal Register of March 3, 2010 (75
FR 9605), the agency announced that the proposed information collection
had been submitted to OMB for review and clearance under 44 U.S.C.
3507. 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. OMB has now approved the
information collection and has assigned OMB control number 0910-0601.
The approval expires on September 30, 2013. A copy of the supporting
statement for this information collection is available on the Internet
at http://www.reginfo.gov/public/do/PRAMain.

    Dated: November 12, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-29055 Filed 11-17-10; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)]
[Rules and Regulations]
[Page 13865]
[FR Doc No: 2018-06540]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0110]

Drawbridge Operation Regulation; Hackensack River, Jersey City,
New Jersey

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the PATH Bridge across the Hackensack
River, mile 3.0, at Jersey City, New Jersey. This temporary deviation
is necessary to allow the bridge to remain in the closed-to-navigation
position to facilitate the replacement of rails and timbers across the
length of the span of the bridge.

DATES: This deviation is effective from 12:01 a.m. on March 31, 2018,
to 12:01 a.m. on September 26, 2018.

ADDRESSES: The docket for this deviation, USCG-2018-0110 is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Judy Leung-Yee, Project Officer,
First Coast Guard District, telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION: The Port Authority Trans-Hudson Corporation,
the owner of the bridge, requested a temporary deviation from the
normal operating schedule to facilitate the replacement of rails and
timbers across the length of the span of the bridge. The PATH Bridge
across the Hackensack River, mile 3.0, has a vertical clearance in the
closed position of 40 feet at mean high water and 45 feet at mean low
water. The existing bridge operating regulations are listed at 33 CFR
117.723(b).
    Under this temporary deviation, the PATH Bridge shall remain in the
closed position between 12:01 a.m. Saturday and 12:01 a.m. Monday as
follows: March 31-April 2, 2018; April 7-9, 14-16, 21-23, and 28-30,
2018; May 5-7, 12-14, and 19-21, 2018; June 2-4, 9-11, 16-18, 23-25,
and 30-July 2, 2018; July 7-9, 14-16, 21-23, and 28-30, 2018; August 4-
6, 11-13, 18-20, and 25-27, 2018; September 8-10, 15-17, 22-24, 2018.
    The waterway is transited by commercial and recreational traffic.
The Coast Guard notified known companies of the commercial vessels that
transit the area, including the Sandy Hook Pilots and the local Tug/Tow
Committee; there were no objections to this temporary deviation.
Vessels able to pass under the bridge in the closed position may do so
at any time. The bridge will not be able to open for emergencies and
there is no immediate alternate route for vessels to pass.
    The Coast Guard will inform the users of the waterways through our
Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessel operations can arrange their
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: March 27, 2018.
Christopher J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2018-06540 Filed 3-30-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Notices]
[Page 17828]
[FR Doc No: 2021-07074]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR21-6-000]

Cactus II Pipeline LLC; Notice of Petition for Declaratory Order

    Take notice that on March 25, 2021, pursuant to Rule 207(a)(2) of
the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 385.207(a)(2) (2019), Cactus II Pipeline
LLC (Petitioner) hereby petitions the Commission to issue a declaratory
order approving the requested rulings set forth in its Petition related
to the ``Cactus II Pipeline,'' which is an existing pipeline system
that transports crude oil from locations in the Permian Basin to South
Texas, along the U.S. Gulf Coast, all as more fully explained in the
petition.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to
theproceeding. Any person wishing to become a party must file a notice
of intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed onor before the comment date. Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically may mail similar
pleadings to the Federal Energy Regulatory Commission, 888 First Street
NE, Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance with any FERC Online
service, please email<EMAIL_ADDRESS>or call (866) 208-
3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on April 26, 2021.

    Dated: March 31, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-07074 Filed 4-5-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 1, 2006 (Volume 71, Number 21)]
[Notices]
[Page 5323-5325]
[DOCID:fr01fe06-77]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0015; FRL-7758-3]

Potassium Chloride; Receipt of Application for Emergency
Exemption, Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received a quarantine exemption request from the
Virginia Department of Agriculture and Consumer Service to use the
pesticide potassium chloride (CAS No. 7447-40-7) to treat the Millbrook
Quarry to control zebra mussels. The Applicant proposes the use of a
new chemical which has not been registered by EPA. Due to the urgent
nature of the emergency and the very narrow and extremely limited use
being requested, EPA has eliminated the public comment period.
Nonetheless, interested parties may still contact the Agency with
comments about this notice and treatment program.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0015, by one of the following methods:
     http://www.regulations.gov/. Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Mail: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
    Hand Delivery: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, Rm. 119, Crystal Mall 2, 1801 S. Bell St.,
Arlington, VA, Attention: Docket ID number EPA-HQ-OPP-2006-0015. The
docket facility is open from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The

telephone number for the docket facility is<PHONE_NUMBER>. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0015. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at http://www.regulations.gov/, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be captured automatically and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/docket.htm/.

    Docket: All documents in the docket are listed in the
regulation.gov index. Although listed in the index, some information is
not publicly available, i.e., CBI or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available either electronically at
http://www.regulations.gov/ or in hard copy at the Public Information

and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA. The docket facility is
open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the docket facility is (703) 305-
5805.

FOR FURTHER INFORMATION CONTACT: Andrew Ertman, Registration Division
(7505C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111)
     Animal production (NAICS code 112)
     Food manufacturing (NAICS code 311)
     Pesticide manufacturing (NAICS code 32532)
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of the

information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI). In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.

II. Background

A. What Action is the Agency Taking?

    Under section 18 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the
Administrator, a Federal or State agency may be exempted from any
provision of FIFRA if the Administrator determines that emergency
conditions exist which require the exemption. Virginia Department of
Agriculture and Consumer Service has requested the Administrator to
issue a quarantine exemption for the use of potassium chloride to treat
the Millbrook Quarry to control zebra mussels. Information in
accordance with 40 CFR part 166 was submitted as part of this request.
    As part of this request, the Applicant asserts that the zebra
mussels need to be eradicated from the Millbrook Quarry while they are
still contained and before they enter another local body of water.
Zebra mussels are an invasive species and to date have caused billions
of dollars of damage in the United States. The state contends that the
zebra mussel could have significant adverse short-term and long-term
ecological and economic impacts in Virginia. The quarry is separated
from Broad Run by a 200 - 300 foot-wide berm. Lake Manassas
(51/89/21/13/23/85/83/8 miles downstream from the quarry)
serves as the primary water supply for the City of Manassas and a
number of municipalities in the area. And downstream of Lake Manassas
is the Occoquan Reservoir, which serves a

larger water supply capacity (over 1 million people in Northern
Virginia) and a number of power supply facilities that could be
significantly affected if zebra mussels escape to infest the Occoquan
watershed. Fairfax Water estimates that they would incur a $2 - $4
million capital outlay for chemical feed facilities and $500,000 -
$850,000 per year for chemicals and system maintenance.
    The Applicant proposes to make 1 to 4 applications of a 12% liquid
potassium stock solution mixed from muriate of potash. Two-hundred
million gallons of water in the quarry will be treated with 128,000
kilograms of active ingredient (131,000 kg of dry muriate of potash).
    This notice does not constitute a decision by EPA on the
application itself. The regulations governing section 18 of FIFRA
require publication of a notice of receipt of an application for a
quarantine exemption proposing ``use of a new chemical (i.e., an active
ingredient) which has not been registered by the EPA.''
    As noted above, the Agency is eliminating the comment period due to
the urgent nature of emergency situation and the very narrow and
extremely limited use being requested. Nonetheless, interested parties
may still contact the Agency with comments about this notice and
treatment program.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: January 20, 2006.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 06-936 Filed 1-31-06; 8:45 am]

BILLING CODE 6560-50-S


STATE OF TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION DIVISION OF AIR POLLUTION CONTROL 9TH FLOOR L& C ANNEX 401 CHURCH STREET NASHVILLE, TENNESSEE 37243 1531 December 30, 2002 J. I. Palmer, Jr. Regional Administrator United States Environmental Protection Agency Region IV Sam Nunn Atlanta Federal Center 61 Forsyth Street, SW Atlanta, Georgia 3 03 03 Re: Clean Air Act  Early Action Compacts Dear Mr. Palmer:

This letter is to confirm that eight early action compacts have been forwarded under separate cover to Ms. Kay Prince of your staff. The early action compacts are for the following areas:

Memphis Area Nashville Area Chattanooga Area Knoxville Area Tri Cities Area Putnam County Lawrence County Haywood County In preparing these documents, we worked closely with the four local air pollution control programs of Tennessee and the states of Georgia, Mississippi and Arkansas. I understand that the other states are forwarding their component of an early action plan for an MSA shared with Tennessee to you under separate cover. Mr. Palmer December 30, 2002 Page Two If your staff should have any questions, they should contact my deputy, Quincy Styke III or me at ( 615) 532 0554. We look forward to working with EPA in the next few months as we determine the scope of the air quality improvement plans for the above listed areas. As the scope of those plans is developed, the signatories will make a determination to see if they wish to continue to remain in an early action compact.

Sincerely, I Barry R. Stephens, P. E. Technical Secretary Tennessee Air Pollution Control Board copy to: Kay Prince, EPA Region IV Tennessee Air Pollution Control Board Tennessee Tennessee Local Air Programs State of Georgia State of Mississippi State of Arkansas EARLY ACTION COMPACT FOR THE State of Tennessee and Memphis MSA Prepared for U. S. Environmental Protection Agency Region 4 Atlanta, Georgia 2 TABLE OF CONTENTS SECTION DESCRIPTION PAGE 1.0 PURPOSE OF THE EARLY ACTION COMPACT 3 2.0 BACKGROUND 3 2.1 Air Quality Status/ Trends 3 2.2 History of Local Air Quality Planning Efforts 4 2.3 The Early Action Compact/ Air Quality Improvement Plan 5 2.4 Regional Interstate Coordination 6 3.0 MEMORANDUM OF AGREEMENT 6 3.1 General Provisions 6 3.2 Air Quality Improvement Plan 7 3.2.1 Milestones and Reporting 7 3.2.2 Emissions Inventories 8 3.2.3 Modeling 9 3.2.4 Emission Reduction Strategies 9 3.2.5 Maintenance for Growth 10 3.2.6 Public Involvement 10 3.3 Local, State, and EPA Commitments 11 3.3.1 State and Local Commitments 11 3.3.2 TDEC Commitments 11 3.3.3 Tennessee Air Pollution Control Board Commitments 12 3.3.4 EPA Commitments 12 3.4 Termination Provisions 14 3.5 Signatures 15 4.0 TABLE OF ACRONYMS AS USED IN THIS DOCUMENT 16 3 1.0 PURPOSE OF THE EARLY ACTION COMPACT This Early Action Compact ( EAC) serves as a Memorandum of Agreement among government agencies representing, collectively, local governments, state governments, including the Tennessee Air Pollution Control Board ( TAPCB), and the United States Environmental Protection Agency ( EPA). It is for the express purpose of commitment to EPA's " Protocol for Early Action Compacts Designed to Achieve and Maintain the 8 Hour Ozone Standard".

The " Protocol" allows for early voluntary 8 hour air quality improvement plans to be developed through a " Compact" between Local, State, and EPA officials for areas that are in attainment for the 1 hour ozone standard, but approach or monitor exceedances of the 8 hour standard. All areas in Tennessee, Mississippi and Arkansas in the Memphis MSA are currently designated in attainment of the 1 hour ozone standard and, based on preliminary data for 2000 through 2002 a number of areas may not be in attainment of the 8 hour ozone standard. Thus, the areas are eligible and a good candidate for the Early Action Compact.

The EAC requires the development of an early action plan that includes all necessary elements of a comprehensive air quality plan, but is tailored to local needs and driven by local decisions. As long as all Compact terms and milestones are met, the effective date of nonattainment designations is deferred, as are related requirements. The early action approach will offer a more expeditious timeline for achieving emissions reductions than EPA's expected 8 hour implementation rulemaking, while providing " fail safe" provisions for the area to revert to the traditional State Implementation Plan ( SIP) process if specific milestones are not met. Currently, EPA plans to make the designations for the 8 hour ozone standard in 2004.

According to the latest EPA guidance, this Compact is to be executed no later than December 31, 2002. The air quality improvement plan required of the Compact is to be completed and its elements submitted to the EPA no later than December 31, 2004 to be incorporated into the Tennessee State Implementation Plan.

2.0 BACKGROUND 2.1 Air Quality Status/ Trends in Tennessee The entire State of Tennessee is currently in attainment for all pollutants with established National Ambient Air Quality Standards. Portions of the State however, are not expected to be in attainment with the 8 hour ozone standard by the end of 2002.

Table 1 provides a summary of the Memphis MSA, 4th highest 8 hour average readings for 2000, 2001, and 2002 and the design value for the three year period. A design value of 85 ppb or greater represents a nonattainment situation, thus the Memphis, MSA area is potentially classified with a nonattainment designation. 4 TABLE 1 Summary Data for 8 Hour Ozone at the Tennessee Monitoring Sites Within the Memphis MSA for 2000 2002 County Site Name MONITOR ID 2000 4th Max. 2001 4th Max. 2002 4th Max. Design Value PPM Shelby Co 1330 Frayser Blvd 471570021  1 0.091 0.084 0.086 0.087 Shelby Co 6855 Mudville Rd. Edmond Orgill Park 471571004  1 0.093 0.09 0.088 0.090 Data Source Table 1. Final 2002 Data. The ozone data for DeSoto County, Mississippi and Crittenden County, Arkansas are available on the EPA network.

2.2. History of Local Air Quality Planning Efforts Inspection and Maintenance Programs:

The city of Memphis began it's vehicle emissions testing program in August, 1983. Memphis has a basic testing program on all vehicles less than 26,000 pounds Gross Vehicle Weight Rating ( GVWR).

Stage I and II Vapor Recovery:

Stage I and II requirements have been in place since the late 1970s for Shelby county.

Reclassification status for old 1 hour ozone non attainment areas in Tennessee.

As of December 2002, the previous nonattainment area maintenance plan is in place and has been fully implemented. The Memphis area also has an effective I/ M program as described above.

MEMPHIS, TN 01/ 17/ 1995 60 FR Page 3352 Final Approval Redesignation to Attainment Effective May 5, 2002 the TVA Allen Steam Plant, a coal fired utility, completed installation of Selective Catalytic Reduction on two EGU's. TVA documented reductions of 6,152 Tons of Nitrogen Oxides emissions during the 2002 ozone season. TVA will complete installation of the Selective Catalytic Reduction on the third EGU by May 5, 2003 to achieve further reductions of approximately 2,200 tons of Nitrogen Oxides during the 2003 ozone season.

Ozone forecasting and outreach programs. 5 Beginning in April 2001 and culminating in September 2002, a statewide effort was undertaken to develop and implement an effective ozone forecasting and public outreach program. The ozone forecasting project focused on the existing metropolitan areas of the state with the support of the local air pollution control agencies, EPA, TVA and the state Air Pollution Control Division.

Several areas of the state are developing or participating in public outreach programs to encourage voluntary measures that can be taken on Ozone Action Days to help minimize emissions of precursor chemicals that contribute to ozone formation and exceedances.

Ozone forecasts were prepared and issued for the Memphis area in Tennessee in both 2001 and 2002. The National Weather Service and meteorologists for local media help publicize air quality information throughout the ozone season.

2.3 The Early Action Compact/ Air Quality Improvement Plan Areas formally declared in violation of the NAAQS are designated " nonattainment areas" and must meet certain Clean Air Act requirements such as: A. New Source Review   requires a comprehensive review of new or expanded industrial operations to minimize air pollution. Emissions controls requirements are more stringent and costly than for attainment areas. B. Transportation Conformity   requires a demonstration that regional longrange transportation plans will not negatively affect progress toward attainment or federal highway funds can be withheld. C. Rate of Progress Requirements   a certain percentage of pollutants must be reduced each year. D. Failure to Attain   consequences of failure to reach attainment by the specified date include stricter control measures and the potential for stiff penalties. E. 10 year Maintenance Plan   includes additional or continuing mandatory programs for 10 years following attainment.

The area's participation in the Early Action Compact Protocol offers several key advantages relative to the traditional nonattainment SIP process. These include: A. The EAC Protocol is designed to achieve clean air sooner than would be expected under the traditional nonattainment process. B. The EAC Protocol affords the signatories greater flexibility in selecting emission reduction measures and programs that are best suited to local needs and circumstances. A. The EAC Protocol ensures deferral of nonattainment designation and related requirements, thereby avoiding the stigma, cost, and economic development impacts associated with a nonattainment designation while the protocol remains in effect. The cornerstone of the Early Action Compact Protocol is the Air Quality Improvement Plan ( AQIP) developed to reduce local ozone forming emissions and lower summertime 6 ozone levels. It is the official attainment/ maintenance plan for the area to be developed under the EAC Protocol agreement. It is a comprehensive air quality plan that will be incorporated into a formal Tennessee State Implementation Plan, and the area will be required to carry out this plan just as in nonattainment areas. Unlike a nonattainment area SIP plan, though, the AQIP will be tailored to local needs and driven by local decisions. The specific elements required of the AQIP are described below in Section 3.2. According to the EAC Protocol, it must be completed and submitted by no later than December 31, 2004, to the EPA to be incorporated into the State SIP. However, recent guidance from EPA requires that the local plan must be complete and submitted to the State and EPA by March 31, 2004 to provide adequate time for Tennessee to adopt the plan as a State rule prior to submittal to EPA as a SIP revision by December 31, 2004.

2.4 Regional Interstate Coordination Tennessee participated in the Southern Appalachian Mountains Initiative and currently participates in VISTAS to coordinate air quality management in a multi state fashion. Tennessee is also currently participating in ATMOS with the neighboring states in West Tennessee.

The Arkansas Tennessee Mississippi Ozone Study ( ATMOS) has been underway for three years. Contractor SAI, Inc. has met with the Technical Committee and Policy Committee to refine the representative episode, complete a regional emission inventory, and conduct seven sensitivity runs to date. The latest meeting was December 6, 2002. The model will guide selection of the most cost effective control strategies. A modeling expert from EPA Region IV has regularly attended ATMOS meetings. Mississippi has representatives in the Memphis Metropolitan Planning Organization who regularly participate in meetings of the MPO.

3.0 MEMORANDUM OF AGREEMENT This Early Action Compact ( EAC) is a Memorandum of Agreement among the local governments in the Memphis MSA ( Shelby, Tipton, Fayette) including the Memphis/ Shelby County Local Air Pollution Control Program, the state government represented by the TAPCB and TDEC, and the United States Environmental Protection Agency ( EPA). It is anticipated that this compact will be supported by the States of Mississippi and Arkansas and the local governments of DeSoto County, Mississippi and Crittenden County, Arkansas. It is for the express purpose of developing and implementing an Air Quality Improvement Plan ( AQIP) that will reduce ozone levels throughout all of Tennessee and to maintain compliance with the 8 hour ozone standard statewide.

3.1 General Provisions A. The signatory parties commit to develop, implement and maintain the AQIP according to Protocol for Early Action Compacts endorsed by EPA on June 19, 2002 ( as supplemented in a letter dated October 18, 2002, 7 from Gregg Cooke, EPA, to Robert Huston, Texas Commission on Environmental Quality), and adhere to all terms and conditions stated in the Protocol. On November 14, 2002, EPA finalized its Early Action Compact guidance memorandum for state and local governments that spelled out specific milestones and tasks for a state or local government to qualify for an early action compact. B. If the area fails to meet all the terms of the EAC, including meeting agreed upon milestones, then it will forfeit its participation and will be subject to designation as nonattainment according to EPA's 8 hour ozone implementation rules. C. Before formal adoption into the Tennessee SIP, this agreement may be modified or terminated by mutual consent of all signatory parties, or any party may withdraw from the agreement. The local government signatories will approve the AQIP before it is submitted to the TAPCB for inclusion in the SIP. Once the AQIP elements are incorporated into the SIP, any modifications will be treated as SIP revisions. D. The signature date of the EAC is the start date of the agreement's term and the agreement remains in effect until December 31, 2007, except as specified above.

3.2 Air Quality Improvement Plan The state and local governments agree to develop and implement an AQIP that will demonstrate attainment of the 8 hour ozone standard by December 31, 2007, and maintenance until at least 2012. The state and local governments will develop this plan in coordination with EPA, stakeholders, and the general public. The AQIP will include a process monitor and maintain long term compliance with the standard. The AQIP will be finalized and submitted to EPA by March 31, 2004 for submittal by December 31, 2004, for SIP amendment. If a development or issue arises that may impact performance or progress toward milestones, the state or local government signatories will immediately notify all other signatories.

The AQIP will address the following major elements.

3.2.1 Milestones and Reporting To facilitate performance monitoring and communication with the EPA, TAPCB, and stakeholders, the EAC protocol requires that the EAC include clearly measurable milestones for the development and implementation of the AQIP. Major milestones established for this EAC are shown below in Table 2. The individual participants representing their respective area will assess and report all progress relative to these milestones to the state which in turn will report all progress relative to these milestones in a regular, public process at least every six months.

Table 2. Major Milestones for the Tennessee State and Local Early Action Compact. 8 MILESTONE DATE EAC Memorandum of Agreement Executed 31DEC02 Identify & Describe Likely Local Control Measures Being Considered 16JUN03 Initial Progress Report Prepared and Updated Every 6 Months 23JUN03 Emissions Inventories Completed 30JUN03 Base Case/ Future Case Modeling Completed 30SEP03 Control Scenarios Modeling Completed 30NOV03 Adoption of Emission Reduction Measures 30JAN04 Completion/ Adoption of Air Quality Improvement Plan and Submittal to the EPA for Review 31MAR04 Submittal of SIP 31DEC04 All Local Emission Reduction Strategies Implemented 31MAR05 Review Progress in Implementation of Reduction Strategies 30JUN06 EAC Expires 31DEC07 Annual Reviews of Growth 2008 2012 3.2.2 Emission Inventories Base case( s) and related future year ( 2007) emissions inventories will be developed by June 30, 2003. These inventories will be used for input for SIP quality regional airshed modeling, thus they must be developed using tools that are suitable for this purpose and approved by both TDEC and EPA. The base case( s) inventories will be developed for 1999 or later episodes selected to be representative of typical ozone exceedance situations as determined with EPA episode selection guidance. The inventories will include: A. Point source emissions   employing TDEC Emission Inventory System data. B. Onroad mobile source emissions   employing Mobile 6 emission modeling based on appropriate transportation data for the Memphis MSA. C. Nonroad sources  model data adjusted for local equipment usage. D. Area sources  data based, where possible, on local survey data. E. Biogenic sources   inventory developed employing methods acceptable to TDEC and EPA. 9 Where practicable, trends in emissions from the various source categories will be analyzed to provide a better understanding of emissions trends statewide and to facilitate verification of accuracy of the inventories.

3.2.3 Modeling All modeling will be based on the " Draft Guidance on the Use of Models and Other Analyses in Attainment Demonstrations for the 8 hour Ozone NAAQS" ( EPA 454/ R 99 004, May 1999). The modeling will follow the guidance as facilitated by the EPA Regional Office. Regional airshed modeling for the Air Quality Improvement Plan will employ an EPA accepted modeling technique and appropriate EPA guidance for SIPlevel modeling. Modeling protocol development, episode selection, model input preparation, and actual model simulations will involve close collaboration and agreement of the participating representatives, TAPCB, and EPA. There may also be opportunity to coordinate with representatives of Base case and future case ( 2007) modeling are scheduled to be completed by September 30, 2003. Control strategy modeling including direction ( e. g. effectiveness of VOC vs. NOx controls) and range finding ( percent reduction scenarios   i. e. needed reduction levels) as well as control strategies scenarios are scheduled to be completed by November 30, 2003.

All adopted Federal and State emission reduction measures that have been or will be implemented by March 31, 2005, will be included in base case, future case, and control strategy modeling.

Modeling efforts will be carefully documented. Model performance will be assessed to assure conformance with EPA's accepted model accuracy criteria. A technical support document describing the modeling effort and attainment demonstration will be part of the AQIP submittal.

3.2.4 Emission Reduction Strategies Following research of various emission reduction strategies and, with guidance provided by testing of various strategies with the developed regional airshed modeling, the participating stakeholders will select and adopt local emission reduction measures necessary to support demonstration of attainment of the 8 hour ozone standard by December 31, 2007. The research, selection, and adoption process for the local measures is scheduled to be completed by March 30, 2004. However, recent EPA guidance requires that likely local measures being considered for the AQIP should be identified and described by June 16, 2003. 10 The selected local emission reduction measures will be specific, quantifiable, and enforceable. Specific implementation dates, as well as detailed documentation and reporting processes will be provided for each.

The local emission reduction measures will be incorporated by the TAPCB into the SIP and submitted to EPA for review and approval. In the event the area desires to add, delete or substitute measures after SIP promulgation, the area will request a modification of the AQIP. Such modification will be treated as a SIP revision and facilitated by the Tennessee Department of Environment and Conservation ( TDEC).

3.2.5 Maintenance for Growth The AQIP will include a component to address emissions growth at least 5 years beyond December 31, 2007, ensuring that the previous nonattainment or attaining participating areas will remain in attainment of the 8 hour standard during that period. The future attainment maintenance analysis may employ one or more of the following or any other appropriate techniques necessary to make such a demonstration: A. Modeling analysis showing ozone levels below the 8 hour standard in 2012; B. An annual review of growth ( especially stationary and mobile sources) to ensure control measures and growth assumptions are adequate; C. Identification and quantification of federal, state, and/ or local measures indicating sufficient reductions to offset growth estimates.

The AQIP will also detail a continuing planning process that includes modeling updates and modeling assumption verification ( particularly growth assumptions) where changes in emissions inventories and growth assumptions warrant. The continuing planning process will consider and evaluate: A. All relevant actual new point sources and major modifications of existing sources; B. Impacts from increased emissions from potential new source growth; C. Future transportation patterns and their impact on air quality in a manner that is consistent with the most current adopted Memphis Area Long Term Transportation Plan and most current estimate of future local motor vehicle emissions as adopted in the Memphis Area MPO's conformity documents approved by the U. S. Department of Transportation and EPA.

If the review of growth demonstrates that adopted emission reduction measures are inadequate to address growth in emissions, additional measures will be added to the AQIP through the SIP revision process.

3.2.6 Public Involvement Public involvement will be conducted in all stages of the planning and implementation process. Public education programs will be used to raise awareness regarding issues, opportunities for involvement in the planning process, implementation of control 11 strategies, and any other issues important to the participants. Interested stakeholders will be involved in the planning process as early as possible. They will be provided advance notice of meeting times, locations, and agenda for planning meetings. Plan drafts will be publicly available, and the document development process will have sufficient opportunities for comment from all interested stakeholders. Stakeholders will include, at a minimum, local environmental groups, Chambers of Commerce and other business groups, and the transportation community. Public comment on the proposed final AQIP will follow the normal SIP revision process as implemented by TAPCB. Semi annual reports detailing, at a minimum, progress toward milestones will be publicly presented and available.

3.3 Local, State, and EPA Commitments 3.3.1 State and Local Commitments The State, including TDEC, and Local Governments will jointly hold responsibility for the development and implementation of the early action plan ( Air Quality Improvement Plan), as well as for maintaining communication with all parties to the Compact. The Memphis Local Air Pollution Control Program will be the lead agency in Shelby County and TDEC will be the lead agency for the remaining Memphis MSA counties. Other responsibilities include:

A. Drawing up the Compact, which embodies the requirements described in the EAC Protocol, including a time line for milestones; B. Completing and signing by all parties of the Early Action Compact no later than December 31, 2002; C. Completing and adopting the emission reduction measures elements of the AQIP as part of the SIP no later than March 31, 2004. D. Notifying parties as soon as possible if Compact milestones will be missed or have been missed; E. Notifying parties as soon as possible if Compact modification/ termination is to be requested.

3.3.2 TDEC Commitments The State, represented by TDEC and TDOT, will provide support to all participants throughout the planning and implementation process. Areas of support will include:

A. Technical assistance in the development of emission inventories, modeling process, trend analysis, and quantification and comparison of emission reduction strategies; B. Necessary information on all Federal and State adopted emission reduction measures which affect the area; C. Critical third party review of emissions inventory, modeling, and selfevaluation work; 12 D. Technical and strategic assistance, as appropriate, in the selection and implementation of emission reduction strategies; E. Technical and planning assistance in developing and implementing processes to address the impact of emissions growth beyond the attainment date; F. Maintenance of monitors and reporting and analysis of monitoring data; G. Support for public education efforts; H. Coordinate communication between stakeholders and EPA to facilitate continuing EPA review of local work; I. Propose a modification of the SIP to adopt the appropriate elements of the AQIP; J. Adoption of emission reduction strategies into the SIP as expeditiously as possible. The final complete SIP revision must be completed, adopted, and submitted by the state to EPA by December 31, 2004.

3.3.3 Tennessee Air Pollution Control Board Commitments The Tennessee Air Pollution control Board, in consultation with TDEC, the local governments, interested stakeholders and members of the public will help to ensure that actions under the Early Action Compact are tailored to the needs of the Memphis MSA and that adequate progress is attained under the AQIP. In consultation with the aforementioned, the Tennessee Air Pollution Control Board will:

A. By February 1, 2003 develop a plan for routine state level consultation with members of the environmental, public health and business communities as well as opportunities for timely public input and comment. B. By March 1, 2003, develop measurable goals and milestones, building on those listed in Table 2: identify the consequences of failure to achieve goals and milestones and provide samples of acceptable control measures for the AQIP. C. Every 6 months conduct a formal review of progress attained under the EAC, including determining whether the terms of the EAC, in general and with respect to each local area, should be modified or revoked.

3.3.4 EPA Commitments The EPA will recognize the State and Local commitment to voluntarily adopt an early, substantive, scientifically based and enforceable attainment plan with early 13 implementation of control measures by becoming a party to the Early Action Compact developed in conformance with the EPA's EAC Protocol. EPA responsibilities include: A. Provided that the monitors in the Memphis MSA reflect attainment by December 31, 2007, EPA will move expeditiously to designate those areas as attainment and impose no additional requirements other than those federally approved SIP revisions undertaken pursuant to this Early Action Compact. The Office of Management and Budget ( OMB) has announced changes for Core Based Statistical Areas ( 65 FR 82228,12/ 27/ 2000 FR ) and plans to publish new lists of areas in June 2003. EPA will be evaluating OMB's new lists after they are released to determine whether they concur and/ or can still use OMBs' new definition for purposes of the starting point for nonattainment area boundaries. At that time EPA will also look at the nonattainment boundary guidance memo of 3/ 28/ 2000 to see if it might need updating based on the OMB work. B. If monitors in the Memphis MSA reflect nonattainment when EPA's 8 hour implementation guidelines call for designations or at any time during the area's participation in the Early Action Compact, EPA will defer the effective date of nonattainment designation and related requirements for the area as long as all terms and milestones of the compact are being met, including submission of the early action SIP revision by 2004. C. The EPA will provide technical assistance to all Memphis MSA participants in the development of the AQIP. D. The EPA will move quickly to review and approve completed plans by no later than nine months after submission of the SIP revision by TDEC. E. Provided that the area has progressed from nonattainment to attainment status by December 31, 2007, EPA will move expeditiously to designate the area as attainment and impose no additional requirements. F. If at any time the area does not meet all the terms of this compact, including meeting agreed upon milestones, then it will forfeit its participation and be designated ( or re designated if necessary) according to EPA's 8 hour ozone implementation guidelines. The EPA will offer such an area no delays, exemptions or other favorable treatment because of its previous participation in this program. G. If any of the monitors identified in Table 1 violates the standard after December 31, 2007, the area will be designated nonattainment. TDEC will then submit a revised attainment demonstration SIP revision according to the Clean Air Act ( CAA) and EPA's 8 hour implementation rule, unless the 8 hour implementation schedule requires SIPs from 8 hour nonattainment areas before December 31, 2008. In that event, a revised 14 attainment demonstration SIP revision for the participating area will be due as soon as possible but no later than December 31, 2008. In no event will EPA extend the attainment date for the area beyond that required by the CAA and/ or EPA's 8 hour implementation rule. H. The region will not be allowed to renew this EAC after December 31, 2007, or to initiate a new compact if it has previously forfeited its participation.

3.4 Termination Provision:

This Early Action Compact is offered to EPA in good faith as a way to achieve clean air quicker with the opportunity to tailor a control plan in the most beneficial way possible for the Memphis MSA. It is expressly declared that prior to adoption of early control measures into the Tennessee SIP, a signatory to this Early Action Compact may opt out of the process by filing a written notice to the other signatories. In filing said written termination notice, the terminating entity will revert to the routine attainment designation process provided in the Clean Air Act and its implementing regulations in effect at the time of the signing of this document. If any of the counties of Shelby, Tipton or Fayette opt out of this process, the Memphis MSA Compact shall be terminated since these counties are a part of a single transportation conformity modeling process through the Memphis Area MPO. It is also recognized that if EPA deems any terminating entity's emissions are critical to the success of an Early Action Compact, EPA may nullify the Early Action Compact for the entire MSA.

In evaluating certain public participation documents that were filed as part of the process that created this document, it is apparent that not all entities agree with the concept of an Early Action Compact. If litigation should ensue that results in the inability of any entity to live up to the commitments made including actual SIP revisions, then the signatories shall have the option of withdrawing all or part of any SIP revision given to EPA as part of the Early Action Compact and EPA shall honor that withdrawal. 16 4.0 Table of Acronyms as Used in this Document MSA Metropolitan Statistical Area EAC Early Action Compact EPA Environmental Protection Agency TAPCB Tennessee Air Pollution Control Board SIP State Implementation Plan ppb parts per billion GVWR Gross Vehicle Weight Rating OBD II On Board Diagnostics I/ M Inspection and Maintenance TVA Tennessee Valley Authority NAAQS National Ambient Air Quality Standards AQIP Air Quality Improvement Plan SAMI Southern Appalachian Mountain Initiative VISTAS Visibility Improvement State and Tribal Association of the Southeast VOC Volatile Organic Compound NOX Nitrogen Oxide TDEC Tennessee Department of Environment and Conservation MPO Metropolitan Planning Office TDOT Tennessee Department of Transportation CAA Clean Air Act